(a) If the Committee makes an adverse determination as
defined in section 271.13(f), the requester may file a written appeal
with the Committee, as follows:
(1) The appeal should prominently display
the phrase FREEDOM OF INFORMATION ACT APPEAL on the first page, and
can be submitted online at
https://www.federalreserve.gov/foia/fomc/appeals.htm or, if sent by mail, addressed to the Secretary of the Committee,
Federal Open Market Committee, 20th Street and Constitution Avenue
NW, Washington, DC 20551; or sent by facsimile to the Secretary of
the Committee, (202) 452-2921. If the requester is appealing the denial
of expedited treatment, the appeal should clearly be labeled “Appeal
for Expedited Processing.”
(2) A request for records under section
271.11 may not be combined in the same letter with an appeal.
(3) To be considered timely, an appeal
must be postmarked, or in the case of electronic submissions, transmitted,
within 90 calendar days after the date of the adverse determination.
(b) Except as provided in section 271.12(c)(3), the
Committee shall make a determination regarding any appeal within 20
working days of actual receipt of the appeal by the Committee. If
an adverse determination is upheld on appeal, in whole or in part,
the determination letter shall notify the appealing party of the right
to seek judicial review and of the availability of dispute resolution
services from the Office of Government Information Services as a non-exclusive
alternative to litigation.
(c) The Committee may reconsider
an adverse determination, including one on appeal, if intervening
circumstances or additional facts not known at the time of the adverse
determination come to the attention of the Committee.
