1.1—General.
(a)
Purpose and scope. (1) This subpart contains the regulations of the Department
of the Treasury implementing the Freedom of Information Act (FOIA), 5 U.S.C. 552, as
amended by the Electronic Freedom of Information Act Amendments of 1996. The
regulations set forth procedures for requesting access to records maintained by the
Department of the Treasury. These regulations apply to all components of the
Department of the Treasury. Any reference in this subpart to the Department or its
officials, employees, or records shall be deemed to refer also to the components or
their officials, employees, or records. Persons interested in the records of a
particular component should also consult the appendix to this subpart that pertains
to that component. In connection with such republication, and at other appropriate
times, components may issue supplementary regulations applicable only to the
component in question, which are consistent with these regulations. In the event of
any actual or apparent inconsistency, these Departmental regulations shall govern.
Persons interested in the records of a particular component should, therefore, also
consult the Code of Federal Regulations for any rules or regulations promulgated
specifically with respect to that component (see Appendices to this subpart for
cross references). The head of each component is hereby authorized to substitute the
officials designated and change the addresses specified in the appendix to this
subpart applicable to the components. The components of the Department of the
Treasury for the purposes of this subpart are the following offices and bureaus:
(D)
The Executive Secretary of the Treasury and all offices reporting to such
official, including immediate staff;
(E)
Under Secretary (International Affairs) and all offices reporting to such
official, including immediate staff;
(F)
Assistant Secretary (International Economics and Development) and all offices
reporting to such official, including immediate staff;
(G)
Assistant Secretary (Financial Markets and Investment Policy) and all offices
reporting to such official, including immediate staff;
(H)
Under Secretary (Domestic Finance) and all offices reporting to such official,
including immediate staff;
(I)
Fiscal Assistant Secretary and all offices reporting to such official,
including immediate staff;
(J)
Assistant Secretary (Financial Institutions) and all offices reporting to such
official, including immediate staff;
(K)
Assistant Secretary (Financial Markets) and all offices reporting to such official, including immediate staff;
(L)
Assistant Secretary (Financial Stability) and all offices reporting to such
official, including immediate staff;
(M)
Under Secretary (Terrorism & Financial Intelligence) and all offices
reporting to such official, including immediate staff;
(N)
Assistant Secretary (Terrorist Financing) and all offices reporting to such
official, including immediate staff;
(O)
Assistant Secretary (Intelligence and Analysis) and all offices reporting to
such official, including immediate staff;
(P)
(a)
l Counsel and all offices reporting to such official, including immediate
staff; except legal counsel to the components listed in paragraphs (a)(1)(i)(W),
(a)(1)(i)(X), (a)(1)(i)(Y), and (a)(1)(ii) through (x) of this section;
(R)
Assistant Secretary (Legislative Affairs) and all offices reporting to such
official, including immediate staff;
(S)
Assistant Secretary (Public Affairs) and all offices reporting to such
official, including immediate staff;
(T)
Assistant Secretary (Economic Policy) and all offices reporting to such
official, including immediate staff;
(U)
Assistant Secretary (Tax Policy) and all offices reporting to such official,
including immediate staff;
(V)
Assistant Secretary (Management) and Chief Financial Officer, and all offices
reporting to such official, including immediate staff;
(X)
The Treasury Inspector General for Tax Administration, and all offices
reporting to such official, including immediate staff;
(Y)
The Special Inspector General for the Troubled Asset Relief Program, and all
offices reporting to such official, including immediate staff;
(2)
For purposes of this subpart, the office of the legal counsel for the
components listed in paragraphs (a)(1)(i)(W), (a)(1)(i)(X), (1)(i)(Y) and (a)(1)(ii)
through (x) of this section, are to be considered a part of their respective
component. Any office which is now in existence or may hereafter be established,
which is not specifically listed or known to be a component of any of those listed
above, shall be deemed a part of the Departmental Offices for the purpose of these
regulations.
(2)
Appeal means a request for a review of an agency's determination
with regard to a fee waiver, category of requester, expedited processing, or denial
in whole or in part of a request for access to a record or records.
(3)
Bureau means an entity of the Department of the Treasury that is
authorized to act independently in disclosure matters.
(5)
Business submitter means any entity which provides business
information to the Department of the Treasury or its bureaus and which has a
proprietary interest in the information.
(6)
Computer software means tools by which records are created,
stored, and retrieved. Normally, computer software, including source code, object
code, and listings of source and object codes, regardless of medium, are not agency
records. However, when data are embedded within the software and cannot be extracted
without the software, the software may have to be treated as an agency record.
Proprietary (or copyrighted) software is not an agency record.
(7)
Confidential commercial information means records provided to the
government by a submitter that arguably contain material exempt from release under
Exemption 4 of the Freedom of Information Act, 5 U.S.C. 552(b)(4), because
disclosure could reasonably be expected to cause substantial competitive harm.
(8)
Duplication refers to the process of making a copy of a record in
order to respond to a FOIA request. Such copies can take the form of paper copy,
microform, audio-visual materials, or machine readable documentation (e.g., magnetic tape or disk), among others.
(9)
Electronic records means those records and information which are
created, stored, and retrievable by electronic means. This ordinarily does not
include computer software, which is a tool by which to create, store, or retrieve
electronic records.
(12)
Responsible official means a disclosure officer or the head of
the organizational unit having immediate custody of the records requested, or an
official designated by the head of the organizational unit.
(13)
Review, for fee purposes, refers to the process of examining
records located in response to a commercial use request to determine whether any
portion of any record located is permitted to be withheld. It also includes
processing any records for disclosure; e.g., doing all that is
necessary to excise them and otherwise prepare them for release.
(14)
Search includes all time spent looking for material that is
responsive to a request, including page-by-page or line-by-line identification of
material within records. Searches may be done manually or by automated means.