PART 271—RULES REGARDING AVAILABILITY OF INFORMATION Authority: 5 U.S.C. 552; 12 U.S.C. 263. Source: 86 FR 18426, Apr. 9, 2021, unless otherwise noted. Subpart A—General § 271.1 Authority, purpose, and scope. (a) Authority and purpose. (b) Scope. (2) Subpart B of this part implements the Freedom of Information Act (FOIA) (5 U.S.C. 552). (3) Subpart C of this part sets forth the procedures with respect to subpoenas, orders compelling production, and other process. § 271.2 Definitions. For purposes of this part: (a) Board (b) Committee (c) Exempt information (d) Federal Reserve Bank Reserve Bank (e) Records of the Committee Committee records (f) Search (1) A reasonable search of such records of the Committee as seem likely in the particular circumstances to contain information of the kind requested. (2) As part of the Committee's search for responsive records, the Committee is not obligated to conduct any research, create any document, or modify an electronic program or automated information system. (g) Working day § 271.3 Certification of record; service of subpoenas or other process. (a) Certification of record. (b) Service of subpoenas or other process. § 271.4 Prohibition against disclosure. Except as provided in this part or as otherwise authorized, no officer, employee, or agent of the Board or any Reserve Bank shall disclose or permit the disclosure of any exempt information of the Committee to any person other than Board or Reserve Bank officers, employees, or agents properly entitled to such information in the performance of duties for, or pursuant to the direction of, the Committee. Subpart B—Published Information and Records Available to Public; Procedures for Requests § 271.10 Published information. (a) Federal Register. Federal Register (1) A description of its organization; (2) Statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of procedures; (3) Rules of procedure; (4) Substantive rules, interpretations of general applicability, and statements of general policy formulated and adopted by the Committee; (5) Every amendment, revision, or repeal of the foregoing in paragraphs (a)(1) through (4) of this section; and (6) Other notices as required by law. (b) Publicly available information Electronic reading room. https://www.federalreserve.gov/foia/fomc/readingrooms.htm#rr1. (i) Final opinions, including concurring and dissenting opinions, as well as final orders and written agreements, made in the adjudication of cases. (ii) Statements of policy and interpretations adopted by the Committee that are not published in the Federal Register (iii) Administrative staff manuals and instructions to staff that affect the public. (iv) Copies of all records, regardless of form or format— (A) That have been released to any person under § 271.11; and (B)( 1 ( 2 (v) A general index of the records referred to in paragraph (b)(1)(iv) of this section. (2) Inspection in electronic format at Reserve Banks. (3) Privacy protection. § 271.11 Records available to the public upon request. (a) Procedures for requesting records. www.federalreserve.gov/secure/forms/FOMCForm.aspx. (2) A request may not be combined with any other request or FOIA appeal. (b) Contents of request. (1) The requester's name, address, daytime telephone number, and an email address if available. (2) A description of the records that enables the Committee to identify and produce the records with reasonable effort and without unduly burdening or significantly interfering with any of the Committee's operations. Whenever possible, the request should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter of the record. (3) A statement agreeing to pay the applicable fees. If the information requested is not intended for a commercial use (as defined in § 271.16(d)(1)) and the requester seeks a reduction or waiver of fees because he or she is either a representative of the news media, an educational institution, or a noncommercial scientific institution, the requester should include the information called for in § 271.16(g)(2). (c) Perfected and defective requests. (2) The Committee need not accept or process a request that does not reasonably describe the records requested or that does not otherwise comply with the requirements of this section. (3) The Committee may return a defective request, specifying the deficiency. The requester may submit a corrected request, which will be treated as a new request. § 271.12 Processing requests. (a) Receipt of requests. (b) Multitrack processing. (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. (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 § 271.14. The Committee will respond to the appeal within 10 working days of receipt of the appeal. (d) Priority of responses. (e) Time limits. (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 § 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. § 271.13 Responses to requests. (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 § 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 § 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. § 271.14 Appeals. (a) If the Committee makes an adverse determination as defined in § 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 (2) A request for records under § 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 § 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. § 271.15 Exemptions from disclosure. (a) Types of records exempt from disclosure. (1) Any information that is specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and is in fact properly classified pursuant to the Executive order. (2) Any information related solely to the internal personnel rules and practices of the Committee. (3) Any information specifically exempted from disclosure by statute to the extent required by 5 U.S.C. 552(b)(3). (4) Any matter that is a trade secret or that constitutes commercial or financial information obtained from a person and that is privileged or confidential. (5) Inter- or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the Committee, provided that the deliberative process privilege shall not apply to records that were created 25 years or more before the date on which the records were requested. (6) Any information contained in personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (7) Any records or information compiled for law enforcement purposes, to the extent permitted under 5 U.S.C. 552(b)(7). (8) Any matter that is contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions, including a state financial institution supervisory agency. (b) Release of exempt information. (2) The fact that the Committee has determined to release particular exempt information does not waive the Committee's ability to withhold similar exempt information in response to the same or a different request. (c) Delayed release. Federal Register (1) Interfere with accomplishing the objectives of the Committee in the discharge of its statutory functions; (2) Interfere with the orderly conduct of the foreign affairs of the United States; (3) Permit speculators or others to gain unfair profits or other unfair advantages by speculative trading in securities or otherwise; (4) Result in unnecessary or unwarranted disturbances in the securities markets; (5) Interfere with the orderly execution of the objectives or policies of other Government agencies; or (6) Impair the ability to negotiate any contract or otherwise harm the commercial or financial interest of the United States, the Committee, any Federal Reserve Bank, or any department or agency of the United States. § 271.16 Fee schedules; waiver of fees. (a) Fee schedules. (b) For purposes of computing fees. (2) Direct costs mean those expenditures that the Committee actually incurs in searching for, reviewing, and duplicating records in response to a request made under § 271.11, as shown in table 1 to this section. (3) Duplication refers to the process of making a copy, in any format, of a document. (4) Review refers to the process of examining documents that have been located as being potentially responsive to a request for records to determine whether any portion of a document is exempt from disclosure. It includes doing all that is necessary to prepare the documents for release, including the redaction of exempt information. It does not include time spent resolving general legal or policy issues regarding the application of exemptions. (c) Payment procedures. (1) Advance notification of fees. (2) Advance payment. (3) Late charges. (d) Categories of uses. (1) A commercial use requester (2) Representative of the news media (3) Educational institution (4) Noncommercial scientific institution (5) All other requesters (6) Please refer to table 1 to this section to determine what fees apply for different categories of users. (e) Nonproductive search. (f) Aggregated requests. (g) Waiver or reduction of fees. (1) The Committee shall grant a waiver or reduction of fees where it is determined both that disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operation or activities of the government, and that the disclosure of information is not primarily in the commercial interest of the requester. In making this determination, the Committee will consider the following factors: (i) Whether the subject of the records would shed light on identifiable operations or activities of the government with a connection that is direct and clear, not remote or attenuated; and (ii) Whether disclosure of the information is likely to contribute significantly to public understanding of those operations or activities. This factor is satisfied when the following criteria are met: (A) Disclosure of the requested records must be meaningfully informative about government operations or activities. The disclosure of information that already is in the public domain, in either the same or a substantially identical form, would not be meaningfully informative if nothing new would be added to the public's understanding. (B) The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. A requester's expertise in the subject area as well as the requester's ability and intention to effectively convey information to the public must be considered. The Committee will presume that a representative of the news media will satisfy this consideration. (iii) The disclosure must not be primarily in the commercial interest of the requester. A commercial interest includes any commercial, trade, profit, or litigation interest. (2) A request for a waiver or reduction of fees shall include: (i) A clear statement of the requester's interest in the documents; (ii) The use proposed for the documents and whether the requester will derive income or other benefit for such use; (iii) A statement of how the public will benefit from such use and from the Committee's release of the documents; (iv) A description of the method by which the information will be disseminated to the public; and (v) If specialized use of the information is contemplated, a statement of the requester's qualifications that are relevant to that use. (3) The requester has the burden to present evidence or information in support of a request for a waiver or reduction of fees. (4) The Committee shall notify the requester of its determination on the request for a waiver or reduction of fees. The requester may appeal a denial in accordance with § 271.14(a). (5) Where only some of the records to be released satisfy the requirements for a waiver of fees, a waiver must be granted for those records. (6) A request for a waiver or reduction of fees should be made when the request for records is first submitted to the Committee and should address the criteria referenced in paragraphs (g)(1) through (5) of this section. A requester may submit a fee waiver request at a later time so long as the underlying record request is pending or on administrative appeal. When a requester who has committed to pay fees subsequently asks for a waiver of those fees and that waiver is denied, the requester must pay any costs incurred up to the date the fee waiver request was received. (h) Restrictions on charging fees. (2) If the Committee has determined that unusual circumstances exist, as described in 5 U.S.C. 552(a)(6)(B), and has provided timely written notice to the requester and subsequently responds within the additional 10 working days provided in § 271.12(e)(3), the Committee may charge search fees, or in the case of requesters described in paragraphs (d)(2) through (4) of this section, may charge duplication fees. (3) If the Committee has determined that unusual circumstances exist, as described in 5 U.S.C. 552(a)(6)(B), and more than 5,000 pages are necessary to respond to the request, the Committee may charge search fees, or, in the case of requesters described in paragraphs (d)(2) through (4) of this section, may charge duplication fees, if the Committee has: (i) Provided timely written notice of unusual circumstances to the requester in accordance with the FOIA; and (ii) Discussed with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii). (4) If a court has determined that exceptional circumstances exist, as defined by the FOIA, a failure to comply with the time limits shall be excused for the length of time provided by the court order. (i) Employee requests. (j) Special services. Table 1 to § 271.16—Fees Type of requester Search costs per hour Review costs per hour Duplication costs Commercial Clerical/Technical staff, $20 Clerical/Technical staff, $20 Photocopy per standard page, .10. Professional/Supervisory staff, $40 Professional/Supervisory staff, $40 Other types of duplication, Direct Costs. Manager/Senior professional staff, $65 Manager/Senior professional staff, $65 Computer search, including computer search time, output, operator's salary, Direct Costs Educational; or Non-commercial scientific; or News media Costs waived Costs waived First 100 pages free, All other requesters First 2 hours free, Costs waived First 100 pages free, Clerical/Technical staff, $20 Photocopy per standard page, .10. Professional/Supervisory staff, $40 Other types of duplication, Direct Costs. Manager/Senior professional staff, $65 Computer search, including computer search time, output, operator's salary, Direct Costs Subpart C—Subpoenas, Orders Compelling Production, and Other Process § 271.20 Subpoenas, orders compelling production, and other process. (a) Advice by person served. (1) Promptly inform the Committee's General Counsel of the service and all relevant facts, including the documents, information, or testimony demanded, and any facts relevant to the Committee in determining whether the material requested should be made available; (2) Inform the entity issuing the process of the substance of this part; and (3) At the appropriate time, inform the court or tribunal that issued the process of the substance of this part. (b) Appearance by person served.