(a) Receipt of requests. Upon receipt of any request that satisfies
the requirements set forth in section 271.11, the Committee shall
assign the request to the appropriate processing schedule, pursuant
to paragraph (b) of this section. The date of receipt for any request,
including one that is addressed incorrectly or that is referred to
the Committee by another agency or by a Federal Reserve Bank, is the
date the secretary of the Committee actually receives the request.
(b) Multitrack processing.
(1) The Committee provides
different levels of processing for categories of requests under this
section.
(i) Requests for records that are readily
identifiable by the Committee and that have already been cleared for
public release or can easily be cleared for public release may qualify
for simple processing.
(ii) All other requests shall be handled under normal processing
procedures, unless expedited processing has been granted pursuant
to paragraph (c) of this section.
(2) The Committee will make the determination
whether a request qualifies for simple processing. A requester may
contact the Committee to learn whether a particular request has been
assigned to simple processing. If the request has not qualified for
simple processing, the requester may limit the scope of the request
in order to qualify for simple processing by contacting the Committee
in writing, by letter or email, or by telephone.
(c) Expedited processing.
(1) A request for expedited
processing may be made at any time. A request for expedited processing
must be clearly labeled “Expedited Processing Requested.”
The Committee will process requests and appeals on an expedited basis
whenever it is determined that they involve:
(i) Circumstances
in which the lack of expedited processing could reasonably be expected
to pose an imminent threat to the life or physical safety of an individual;
or
(ii) An urgency
to inform the public about an actual or alleged federal government
activity, if made by a person who is primarily engaged in disseminating
information.
(2) A requester who seeks expedited processing must submit a statement,
certified to be true and correct, explaining in detail the basis for
making the request for expedited processing. For example, under paragraph
(c)(1)(ii) of this section, a requester who is not a full-time member
of the news media must establish that the requester is a person whose
primary professional activity or occupation is information dissemination,
though it need not be the requester’s sole occupation. Such
a requester also must establish a particular urgency to inform the
public about the government activity involved in the request—one
that extends beyond the public’s right to know about federal
government activity generally. The existence of numerous articles
published on a given subject can be helpful in establishing the requirement
that there be an “urgency to inform” the public on the
topic. As a matter of administrative discretion, the Committee may
waive the formal certification requirement.
(3) Within 10 calendar days of receipt
of a request for expedited processing, the Committee will notify the
requester of its decision on the request. A denial of expedited processing
may be appealed to the Committee in accordance with section 271.14.
The Committee will respond to the appeal within 10 working days of
receipt of the appeal.
(d) Priority of responses. The Committee will
normally process requests in the order they are received in the separate
processing tracks, except when expedited processing is granted in
which case the request will be processed as soon as practicable.
8-818.1
(e) Time limits. The
time for response to requests shall be 20 working days from when a request is
perfected. Exceptions to the 20-day time limit are only as follows:
(1) In the case of expedited
treatment under paragraph (c) of this section, the Committee shall
give the expedited request priority over non-expedited requests and
shall process the expedited request as soon as practicable.
(2) Where the running of such
time is suspended for a requester to address fee requirements pursuant
to section 271.16(c)(1) or (2).
(3) In unusual circumstances, as defined
in 5 U.S.C. 552(a)(6)(B), the Committee may:
(i) Extend the 20-day
time limit for a period of time not to exceed 10 working days, where
the Committee has provided written notice to the requester setting
forth the reasons for the extension and the date on which a determination
is expected to be dispatched; and
(ii) Extend the 20-day time limit for
a period of more than 10 working days where the Committee has provided
the requester with an opportunity to modify the scope of the FOIA
request so that it can be processed within that time frame or with
an opportunity to arrange an alternative time frame for processing
the original request or a modified request, and has notified the requester
that the Committee’s FOIA Public Liaison is available to assist
the requester for purposes of this paragraph (e)(3)(ii) and in the
resolution of any disputes between the requester and the Committee,
and of the requester’s right to seek dispute resolution services
from the Office of Government Information Services.
