(a) When the Committee receives a perfected request,
it will conduct a reasonable search of Committee records in its possession
on the date the Committee’s search begins and will review any responsive
information it locates.
(b) If a request covers documents that
were created by, obtained from, or classified by another agency, the
Committee may refer the request for such documents to that agency
for a response and inform the requester promptly of the referral.
To the extent there is confidential supervisory information, as that
term is defined by 12 CFR 261.2(b), contained within Committee records,
disclosure of such information will be handled in consultation with
the Board.
(c) In responding to a request, the Committee will
withhold information under this section only if—
(1) The Committee reasonably foresees that
disclosure would harm an interest protected by an exemption described
in section 271.15(a); or
(2) Disclosure
is prohibited by law.
(d) The Committee will take
reasonable steps necessary to segregate and release nonexempt information.
(e) The Committee shall notify the requester of:
(1) The Committee’s determination of
the request;
(2) The reasons for
the determination;
(3) An estimate
of the amount of information withheld, if any. An estimate is not
required if the amount of information is otherwise indicated by deletions
marked on records that are disclosed in part or if providing an estimate
would harm an interest protected by an applicable exemption;
(4) The right of the requester to seek
assistance from the Committee’s FOIA Public Liaison; and
(5) When an adverse determination is made,
the Committee will advise the requester in writing of that determination
and will further advise the requester of:
(i) The right of the requester to appeal
any adverse determination within 90 calendar days after the date of
the determination, as specified in section 271.14;
(ii) The right of the requester to seek
dispute resolution services from the Committee’s FOIA Public Liaison
or from the Office of Government Information Services; and
(iii) The name and title or position
of the person responsible for the adverse determination.
(f) Adverse determinations, or denials of requests,
include decisions that the requested record is exempt, in whole or
in part; the request does not reasonably describe the records sought;
the information requested is not a record subject to the FOIA; the
requested record does not exist, cannot be located, or has been destroyed;
or the requested record is not readily reproducible in the form or
format sought by the requester. Adverse determinations also include
denials involving fees or fee waiver matters or denials of requests
for expedited treatment.
(g) The Committee will normally send
responsive, nonexempt documents to the requester by email but may
use other means as arranged between the Committee and the requester
or as determined by the Committee. The Committee will attempt to provide
records in the format requested by the requester.
