cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
13 rows where part_number = 5 and title_number = 34 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 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 34:34:1.1.1.1.4.1.1.1 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | A | Subpart A—General Provisions | § 5.1 Purpose. | ED | This part contains the regulations that the United States Department of Education follows in processing requests for records under the Freedom of Information Act, as amended, 5 U.S.C. 552. These regulations must be read in conjunction with the FOIA, including its exemptions to disclosure, and, when appropriate, in conjunction with the Privacy Act of 1974, as amended, 5 U.S.C. 552a, and its implementing regulations in 34 CFR part 5b. | ||||||
| 34:34:1.1.1.1.4.1.1.2 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | A | Subpart A—General Provisions | § 5.2 Definitions. | ED | As used in this part: (a) Act or FOIA means the Freedom of Information Act, as amended, 5 U.S.C. 552. (b) Department means the United States Department of Education. (c) Component means each separate bureau, office, board, division, commission, service, administration, or other organizational entity of the Department. (d) FOIA request means a written request for agency records that reasonably describes the agency records sought, made by any person, including a member of the public (U.S. or foreign citizen/entity), partnership, corporation, association, and foreign or domestic governments (excluding Federal agencies). (e)(1) Agency records are documentary materials regardless of physical form or characteristics that— (i) Are either created or obtained by the Department; and (ii) Are under the Department's control at the time it receives a FOIA request. (2) Agency records include— (i) Records created, stored, and retrievable in electronic format; (ii) Records maintained for the Department by a private entity under a records management contract with the Federal Government; and (iii) Documentary materials preserved by the Department as evidence of the organization, functions, policies, decisions, procedures, operations or other activities of the Department or because of the informational value of data contained therein. (3) Agency records do not include tangible, evidentiary objects or equipment; library or museum materials made or acquired and preserved solely for reference or exhibition purposes; extra copies of documents preserved only for convenience of reference; stocks of publications; and personal records created for the convenience of an individual and not used to conduct Department business or incorporated into the Department's record keeping system or files. | ||||||
| 34:34:1.1.1.1.4.2.1.1 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | B | Subpart B—Agency Records Available to the Public | § 5.10 Public reading room. | ED | [75 FR 33510, June 14, 2010, as amended at 84 FR 67867, Dec. 12, 2019] | (a) Electronic inspection. (1) Pursuant to 5 U.S.C. 552(a)(2), the Department makes available for public inspection in an electronic format the following records created on or after November 1, 1996: (i) Final opinions and orders in adjudications; (ii) Statements of policy and interpretations adopted by the Department and not published in the Federal Register; (iii) Administrative staff manuals and instructions affecting the public; and (iv) Copies of all agency records regardless of form or format released to the public pursuant to a FOIA request that the Department determines are likely to be the subject of future FOIA requests or have been requested three or more times. (2) The Department currently makes the agency records described in paragraph (a)(1) of this section available for public inspection in an electronic format through its electronic reading room located on the Department's FOIA website at http://www2.ed.gov/policy/gen/leg/foia/readingroom.html. (b) Public reading room. The Department may maintain a public reading room containing the agency records described in paragraph (a)(1) of this section. The Department's public reading room is currently located at the National Library of Education, 400 Maryland Avenue SW, Plaza Level (Level B), Washington, DC 20202-0008. To visit the public reading room, members of the public can contact the Department's FOIA Service Center via email at EDFOIAManager@ed.gov. (c) Hard copies. For any agency records that are not made available for public inspection in the Federal Register or pursuant to paragraph (a) of this section, the Department will, upon request, provide hard copies in accordance with 5 U.S.C. 552(a)(3). | |||||
| 34:34:1.1.1.1.4.2.1.2 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | B | Subpart B—Agency Records Available to the Public | § 5.11 Business information. | ED | (a) General. The Department discloses business information it obtains from a submitter under the Act in accordance with this section. (b) Definitions. For purposes of this section: (1) Business information means commercial or financial information obtained by the Department from a submitter that may be protected from disclosure under 5 U.S.C. 552(b)(4) (Exemption 4 of the Act). (2) Submitter means any person or entity (including corporations; State, local, and tribal governments; and foreign governments) from whom the Department obtains business information. (c) Designation of business information. (1) A submitter must use good faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, any portion of its submission that it considers to be business information protected from disclosure under Exemption 4 of the Act. (2) A submitter's designations are not binding on the Department and will expire 10 years after the date of the submission unless the submitter requests, and provides justification for, a longer designation period. (3) A blanket designation on each page of a submission that all information contained on the page is protected from disclosure under Exemption 4 presumptively will not be considered a good faith effort. (d) Notice to submitters. Except as provided in paragraph (g) of this section, the Department promptly notifies a submitter whenever a FOIA request or administrative appeal is made under the Act seeking disclosure of the information the submitter has designated in good faith as business information protected from disclosure under paragraph (c) of this section, or the Department otherwise has reason to believe that it may be required to disclose information sought to be designated by the submitter as business information protected from disclosure under Exemption 4 of the Act. This notice includes either a description of the business information requested or copies of the requested agency records or portions of age… | ||||||
| 34:34:1.1.1.1.4.2.1.3 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | B | Subpart B—Agency Records Available to the Public | § 5.12 Creation of agency records not required. | ED | In response to a FOIA request, the Department produces only those agency records that are not already publicly available and that are in existence at the time it receives a request. The Department does not create new agency records in response to a FOIA request by, for example, extrapolating information from existing agency records, reformatting available information, preparing new electronic programs or databases, or creating data through calculations of ratios, proportions, percentages, trends, frequency distributions, correlations, or comparisons. | ||||||
| 34:34:1.1.1.1.4.2.1.4 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | B | Subpart B—Agency Records Available to the Public | § 5.13 Preservation of agency records. | ED | The Department does not destroy agency records that are the subject of a pending FOIA request, appeal, or lawsuit. | ||||||
| 34:34:1.1.1.1.4.3.1.1 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | C | Subpart C—Procedures for Requesting Access to Agency Records and Disclosure of Agency Records | § 5.20 Requirements for making FOIA requests. | ED | [75 FR 33510, June 14, 2010, as amended at 84 FR 67868, Dec. 12, 2019] | (a) Making a FOIA request. Any FOIA request for an agency record must be in writing, must include a valid electronic mail or physical address, and must be transmitted to the Department as indicated on the Department's website. See www.ed.gov/policy/gen/leg/foia/request_foia.html. (b) Description of agency records sought. A FOIA request must reasonably describe the agency record sought, to enable Department personnel to locate the agency record or records with a reasonable amount of effort. Whenever possible, a FOIA request should describe the type of agency record requested, the subject matter of the agency record, the date, if known, or general time period when it was created, and the person or office that created it. Requesters who have detailed information that would assist in identifying and locating the agency records sought are urged to provide this information to the Department to expedite the handling of a FOIA request. (c) FOIA request deemed insufficient. If the Department determines that a FOIA request does not reasonably describe the agency record or records sought, the FOIA request will be deemed insufficient under the Act. In that case, the Department informs the requester of the reason the FOIA request is insufficient and, at the Department's option, either administratively closes the FOIA request as insufficient without determining whether to grant the FOIA request or provides the requester an opportunity to modify the FOIA request to meet the requirements of this section. (d) Verification of identity. In compliance with the Privacy Act of 1974, as amended, 5 U.S.C. 552a, FOIA requests for agency records pertaining to the requester, a minor, or an individual who is legally incompetent must include verification of the requester's identity pursuant to 34 CFR 5b.5. | |||||
| 34:34:1.1.1.1.4.3.1.2 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | C | Subpart C—Procedures for Requesting Access to Agency Records and Disclosure of Agency Records | § 5.21 Procedures for processing FOIA requests. | ED | [75 FR 33510, June 14, 2010, as amended at 84 FR 67868, Dec. 12, 2019] | (a) Acknowledgements of FOIA requests. The Department promptly notifies the requester when it receives a FOIA request. (b) Consultation and referrals. When the Department receives a FOIA request for a record or records created by or otherwise received from another agency of the Federal Government, it either responds to the FOIA request after consultation with the other agency, or refers the FOIA request to the other agency for processing. When the Department refers a FOIA request to another agency for processing, the Department will so notify the requester. (c) Decisions on FOIA requests. The Department determines whether to comply with a FOIA request within 20 working days after the appropriate component of the Department first receives the request. This time period commences on the date that the request is received by the appropriate component of the Department, but commences no later than 10 calendar days after the request is received by the component of the Department designated pursuant to § 5.20(a) to receive FOIA requests for agency records. The Department's failure to comply with these time limits constitutes exhaustion of the requester's administrative remedies for the purposes of judicial action to compel disclosure. (d) Requests for additional information. The Department may make one request for additional information from the requester and toll the 20-day period while awaiting receipt of the additional information. (e) Extension of time period for processing a FOIA request. The Department may extend the time period for processing a FOIA request only in unusual circumstances, as described in paragraphs (e)(1) through (3) of this section, in which case the Department notifies the requester of the extension in writing. For extensions of more than 10 additional working days, the Department must also notify the requester, in writing, of the right to seek dispute resolution services from the Office of Government Information Services. A notice of extension affords the requester the opportunity … | |||||
| 34:34:1.1.1.1.4.4.1.1 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | D | Subpart D—Fees | § 5.30 Fees generally. | ED | The Department assesses fees for processing FOIA requests in accordance with § 5.32(a), except where fees are limited under § 5.32(b) or where a waiver or reduction of fees is granted under § 5.33. Requesters must pay fees by check or money order made payable to the U.S. Department of Education, and must include the FOIA request number on the check or money order. The Department retains full discretion to limit or adjust fees. | ||||||
| 34:34:1.1.1.1.4.4.1.2 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | D | Subpart D—Fees | § 5.31 Fee definitions. | ED | (a) Commercial use request means a request from or on behalf of a FOIA requester seeking information for a use or purpose that furthers the requester's commercial, trade, or profit interests, which can include furthering those interests through litigation. For the purpose of assessing fees under the Act, the Department determines, whenever reasonably possible, the use to which a requester will put the requested agency records. (b) Direct costs mean those expenses that an agency actually incurs in searching for and duplicating (and, in the case of commercial use FOIA requests, reviewing) agency records to respond to a FOIA request. Direct costs include, for example, the pro rata salary of the employee(s) performing the work ( i.e., basic rate of pay plus 16 percent) and the cost of operating duplication machinery. The Department's other overhead expenses are not included in direct costs. (c) Duplication means making a copy of the agency record, or of the information in it, as necessary to respond to a FOIA request. Copies can be made in several forms and formats, including paper and electronic records. The Department honors a requester's specified preference as to form or format of disclosure, provided that the agency record is readily reproducible with reasonable effort in the requested form or format. (d) Educational institution means 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, that operates a program of scholarly research. To qualify as an educational institution under this part, a requester must demonstrate that an educational institution authorized the request and that the agency records are not sought for individual or commercial use, but are instead sought to further scholarly research. A request for agency records for the purpose of affecting a requester's application for, or prospect of obtaining… | ||||||
| 34:34:1.1.1.1.4.4.1.3 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | D | Subpart D—Fees | § 5.32 Assessment of fees. | ED | [75 FR 33510, June 14, 2010, as amended at 84 FR 67868, Dec. 12, 2019] | (a) Fees. In responding to FOIA requests, the Department charges the following fees (in accordance with the Office of Management and Budget's “Uniform FOIA Fee Schedule and Guidelines,” 52 FR 10012 (March 27, 1987)), unless it has granted a waiver or reduction of fees under § 5.33 and subject to the limitations set forth in paragraph (b) of this section: (1) Search. The Department charges search fees, subject to the limitations of paragraph (b) of this section. Search time includes time spent searching, regardless of whether the search results in the location of responsive agency records and, if so, whether such agency records are released to the requester under the Act. The requester will be charged the direct costs, as defined in § 5.31(b), of the search. In the case of computer searches for agency records, the Department charges the requester for the direct cost of conducting the search, subject to the limitations set forth in paragraph (b) of this section. (2) Review. (i) The Department charges fees for initial agency record review at the same rate as for searches, subject to the limitations set forth in paragraph (b) of this section. (ii) No fees are charged for review at the administrative appeal level except in connection with— (A) The review of agency records other than agency records identified as responsive to the FOIA request in the initial decision; and (B) The Department's decision regarding whether to assert that an exemption exists under the Act that was not cited in the decision on the initial FOIA request. (iii) Review fees are not assessed for FOIA requests other than those made for a “commercial use,” as the term is defined in § 5.31(a). (3) Duplication. The Department charges duplication fees at the rate of $0.20 per page for paper photocopies of agency records, $3.00 per CD for documents recorded on CD, and at the direct cost for duplication for electronic copies and other forms of duplication, subject to the limitations of paragraph (b) of this section. (b) Limitations on fe… | |||||
| 34:34:1.1.1.1.4.4.1.4 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | D | Subpart D—Fees | § 5.33 Requirements for waiver or reduction of fees. | ED | (a) The Department processes a FOIA request for agency records without charge or at a charge less than that established under § 5.32(a) when the Department determines that— (1) 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 (2) Disclosure of the information is not primarily in the commercial interest of the requester. (b) To determine whether a FOIA request is eligible for waiver or reduction of fees pursuant to paragraph (a)(1) of this section, the Department considers the following factors: (1) Whether the subject of the request specifically concerns identifiable operations or activities of the government. (2) Whether the disclosable portions of the requested information will be meaningfully informative in relation to the subject matter of the request. (3) The disclosure's contribution to public understanding of government operations, i.e., the understanding of the public at large, as opposed to an individual or a narrow segment of interested persons (including whether the requester has expertise in the subject area of the FOIA request as well as the intention and demonstrated ability to disseminate the information to the public). (4) The significance of the disclosure's contribution to public understanding of government operations or activities, i.e., the public's understanding of the subject matter existing prior to the disclosure must be likely to be enhanced significantly by the disclosure. (c) To determine whether a FOIA request is eligible for waiver or reduction of fees pursuant to paragraph (a)(2) of this section, the Department considers the following factors: (1) The existence of the requester's commercial interest, i.e., whether the requester has a commercial interest that would be furthered by the requested disclosure. (2) If a commercial interest is identified, whether the commercial interest of the requester is sufficiently large in comp… | ||||||
| 34:34:1.1.1.1.4.5.1.1 | 34 | Education | 5 | PART 5—AVAILABILITY OF INFORMATION TO THE PUBLIC | E | Subpart E—Administrative Review | § 5.40 Appeals of adverse determinations. | ED | [75 FR 33510, June 14, 2010, as amended at 84 FR 67868, Dec. 12, 2019; 89 FR 5098, Jan. 26, 2024; 89 FR 12244, Feb. 16, 2024] | (a) In general. A requester may seek an administrative review of an adverse determination on the FOIA request made by the requester by submitting an appeal of the determination to the Department. Adverse determinations include denials of access to agency records, in whole or in part; “no agency records” responses; and adverse fee decisions, including denials of requests for fee waivers, and all aspects of fee assessments. (b) Appeal requirements. A requester must submit an appeal within 90 calendar days of the date on the adverse determination letter issued by the Department or, where the requester has received no determination, at any time after the due date for such determination. An appeal must be in writing and must include a detailed statement of all legal and factual bases for the appeal. (c) Determination on appeal. (1) The Department makes a written determination on an administrative appeal within 20 working days after receiving the appeal. The time limit may be extended in accordance with § 5.21(c) through (e). The Department's failure to comply with time limits set forth in this section constitutes exhaustion of the requester's administrative remedies for the purposes of initiating judicial action to compel disclosure. (2) The Department's determination on an appeal constitutes the Department's final action on the FOIA request. Any Department determination denying an appeal in whole or in part includes the reasons for the denial, including any exemptions asserted under the Act, and notice of the requester's right to seek judicial review of the determination in accordance with 5 U.S.C. 552(a)(4). Where the Department makes a determination to grant an appeal in whole or in part, it processes the FOIA request subject to the appeal in accordance with the determination on appeal. |
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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);