Welcome to our blog post explaining the definitions found in section 402.30 of the Freedom of Information Act (FOIA).
https://www.ssa.gov/OP_Home/cfr20/402/402-0030.htm
This section provides definitions that are used throughout the rest of the Act. Understanding these definitions is important for anyone who is seeking access to government records through the FOIA.
The first definition is “Agency,” which refers to any executive department, military department, government corporation, government-controlled corporation, or other establishment in the executive branch of the Federal Government, or any independent regulatory agency. It’s important to note that a private organization is not an agency, even if it is performing work under contract with the Government or receiving Federal financial assistance. Additionally, grantee and contractor records are not subject to the FOIA unless they are in the possession or under the control of SSA or its agents. For the purpose of disclosure under the FOIA, records of individual beneficiaries located in the State Disability Determination Services (DDS) are considered agency records.
The second definition is “Commercial use,” which means a request that seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or of a person on whose behalf the request is made. Whether a request is for a commercial use depends on the purpose of the request and the use to which the records will be put. The identity of the requester and the nature of the records, while in some cases indicative of that purpose or use, are not necessarily determinative. When a request is from a representative of the news media, a purpose or use supporting the requester’s news dissemination function is not a commercial use.
The third definition is “Duplication,” which means the process of making a copy of a record and sending it to the requester, to the extent necessary to respond to the request. Such copies include paper copy, microfilm, audio-visual materials, and magnetic tapes, cards, and discs.
The fourth definition is “Educational institution,” which means a preschool, elementary or secondary school, institution of undergraduate or graduate higher education, or institution of professional or vocational education, which operates a program of scholarly research.
The fifth definition is “Freedom of Information Act” or “FOIA,” which means 5 U.S.C. 552.
The sixth definition is “Freedom of Information Officer,” which means an SSA official who has been delegated the authority to authorize disclosure of or withhold records and assess, waive, or reduce fees in response to FOIA requests.
The seventh definition is “Non-commercial scientific institution,” which means an institution that is not operated substantially for purposes of furthering its own or someone else’s business, trade, or profit interests, and that is operated for purposes of conducting scientific research whose results are not intended to promote any particular product or industry.
The eighth definition is “Records,” which means any information maintained by an agency, regardless of forms or characteristics, that is made or received in connection with official business. This includes handwritten, typed, or printed documents (such as memoranda, books, brochures, studies, writings, drafts, letters, transcripts, and minutes) and material in other forms, such as punchcards; magnetic tapes; cards; computer discs or other electronic formats; paper tapes; audio or video recordings; maps; photographs; slides; microfilm; and motion pictures. It does not include objects or articles such as exhibits, models, equipment, and duplication machines, audiovisual processing materials, or computer software. It does not include personal records of an employee, or books, magazines, pamphlets, or other reference material in formally organized and officially designated SSA libraries, where such materials are available under the rules of the particular library.
The ninth definition is “Representative of the news media,” which means a person actively gathering information for an entity organized and operated to publish or broadcast news to