§ 1102.5 - Availability of records on request.

(a) In addition to the records made available through the public reading room, the Corporation will make records available to any person in accordance with paragraphs (b) and (c) of this section, unless it is determined that such records are exempt from mandatory disclosure under the FOIA and § 1102.6 of this part and that such records should be withheld by the Corporation.

(b) Requests. (1) A request will be acceptable if it identifies a record with sufficient particularity to enable officials of the Corporation to locate the record with a reasonable amount of effort. Requests seeking records within a reasonably specific category will be deemed to conform to the statutory requirement of a request which “reasonably describes” such records if professional employees of the Corporation who are familiar with the subject area of the request would be able, with a reasonable amount of effort, to determine which particular records are encompassed within the scope of the request, and to search for, locate, and collect the records without unduly burdening or materially interfering with operations because of the staff time consumed or the resulting disruption of files. If it is determined that a request does not reasonably describe the records sought as specified in this paragraph, the response denying the request on that ground shall specify the reasons why the request failed to meet the requirements of this paragraph and shall extend to the requester an opportunity to confer with Corporation personnel in order to attempt to reformulate the request in a manner that will meet the needs of the requester and the requirements of this paragraph.

(2) To facilitate the location of records by the Corporation, a requester should try to provide the following kinds of information, if known: (i) the specific event or action to which the record refers; (ii) the unit or program of the Corporation which may be responsible for or may have produced the record; (iii) the date of the record or the date or period to which it refers or relates; (iv) the type of record such as an application, a grant, a contract, or a report; (v) personnel of the Corporation who may have prepared or have knowledge of the record; and (vi) citations to newspapers or publications which have referred to the record.

(3) The Corporation is not required to create a record or to seek to acquire a record from its contractors in order to satisfy a request.

(4) All requests for records under this section shall be made in writing, with the envelope and the letter clearly marked: “Freedom of Information Request.” All such requests shall be addressed to the Freedom of Information Officer, 2 Democracy Center, 6903 Rockledge Drive, Bethesda, MD 20817. Any request not marked and addressed as specified in this paragraph will be so marked by Corporation personnel as soon as it is properly identified, and forwarded immediately to the Freedom of Information Officer. A request improperly addressed will not be deemed to have been received for purposes of the time period set forth in paragraph (c) of this section until forwarding to the appropriate office has been effected. On receipt of an improperly addressed request, the Freedom of Information Officer shall notify the requester of the date on which the time period commenced to run.

(5) A person desiring to secure copies of records by mail should write to the Freedom of Information Officer, 2 Democracy Center, 6903 Rockledge Drive, Bethesda, Maryland 20817. The request must identify the records of which copies are sought in accordance with the requirements of this section, and the number of copies desired. Fees may be required to be paid in advance in accordance with § 1102.10. The requester will be advised of the estimated fee, if any, as promptly as possible. If a waiver or reduction of fees is requested, the grounds for such request should be included in the letter.

(c) The Freedom of Information Officer, upon receipt of a request for any records made in accordance with this section, shall make an initial determination of whether to comply with or deny such request and dispatch such determination to the requester within 10 working days after receipt of such request, except for unusual circumstances in which case the time limit may be extended for not more than 10 working days by written notice to the requester setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. In determining whether to issue a notice of extension of time for a response to a request beyond the 10-day period, the Freedom of Information Officer shall consult with the Office of the General Counsel. As used herein, “unusual circumstances” are limited to the following, but only to the extent reasonably necessary to the proper processing of the particular request:

(1) The need to search for and collect the requested records from the Corporation's field offices;

(2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(3) The need for consultation, which shall be conducted with all practicable speed, including consultation with another agency having a substantial interest in the determination of the request or among components of the Corporation having substantial subject matter interest therein.

(d) If no determination has been dispatched at the end of the 10-day period, or the last extension thereof, the requester may deem the request denied, and exercise a right of appeal in accordance with § 1102.9. When no determination can be dispatched within the applicable time limit, the Freedom of Information Officer shall nevertheless continue to process the request. On expiration of the time limit, the Freedom of Information Officer shall inform the requester of the reason for the delay, of the date on which a determination may be expected to be dispatched, and of the right to treat the delay as a denial and to appeal to the Corporation's Chief Executive Officer (“CEO”) in accordance with § 1102.9. The Freedom of Information Officer may ask the requester to forego appeal until a determination is made.

(e) After it has been determined to comply with a request, the Corporation will act with diligence in providing a substantive response to the requester.