PART 1101—DESCRIPTION OF OFFICE, PROCEDURES, PUBLIC INFORMATION Authority: 5 U.S.C. 552; 12 U.S.C. 3307. Source: 45 FR 46794, July 11, 1980, unless otherwise noted. § 1101.1 Scope and purpose. This part implements the Freedom of Information Act (FOIA), 5 U.S.C. 552, with respect to the Federal Financial Institutions Examination Council (Council), and establishes related information disclosure procedures. § 1101.2 Authority and functions. (a) The Council was established by the Federal Financial Institutions Examination Council Act of 1978 (Act), 12 U.S.C. 3301-3308. It is composed of the Comptroller of the Currency; the Chairman of the Federal Deposit Insurance Corporation; a Governor of the Board of Governors of the Federal Reserve System; the Chairman of the Federal Home Loan Bank Board; and the Chairman of the National Credit Union Administration Board. (b) The statutory functions of the Council are set out at 12 U.S.C. 3305. In summary, the mission of the Council is to promote consistency and progress in federal examination and supervision of financial institutions and their affiliates. The Council is empowered to prescribe uniform principles, standards, and reporting forms and systems; make recommendations in the interest of uniformity; and conduct examiner schools open to personnel of the agencies represented on the Council and employees of state financial institutions supervisory agencies. § 1101.3 Organization and methods of operation. (a) Statutory requirements relating to the Council's organization are stated in 12 U.S.C. 3303. (b) Council staff. (c) Agency Liaison Group, Task Forces and Legal Advisory Group. (d) State Liaison Committee. (e) Council address. [45 FR 46794, July 11, 1980, as amended at 53 FR 7341, Mar. 8, 1988; 75 FR 71014, Nov. 22, 2010] § 1101.4 Disclosure of information, policies, and records. (a) Statements of policy published in the Federal Register or available for public inspection in an electronic format; indices. Federal Register (2) Under 5 U.S.C. 552(a)(2), policies and interpretations adopted by the Council, including instructions to Council staff affecting members of the public are available for public inspection in an electronic format at the office of the Executive Secretary of the Council, 3501 Fairfax Drive, Room B-7081a, Arlington, VA, 22226-3550, during regular business hours. Policies and interpretations of the Council may be withheld from disclosure under the principles stated in paragraph (b)(1) of this section. (3) Copies of all records, regardless of form or format, are available for public inspection in an electronic format if they: (i) Have been released to any person under paragraph (b) of this section; and (ii)(A) Because of the nature of their subject matter, the Council determines that they have become or are likely to become the subject of subsequent requests for substantially the same records; or (B) They have been requested three or more times. (4) An index of the records referred to in paragraphs (a)(1) through (3) of this section is available for public inspection in an electronic format. (b) Other records of the Council available to the public upon request; procedures General rule and exemptions. (i) A record, or portion thereof, which is specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and which is, in fact, properly classified pursuant to such Executive Order. (ii) A record, or portion thereof, relating solely to the internal personnel rules and practices of an agency. (iii) A record, or portion thereof, specifically exempted from disclosure by statute (other than 5 U.S.C. 552b), provided that such statute: (A) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (B) Establishes particular criteria for withholding or refers to particular types of matters to be withheld. (iv) A record, or portion thereof, containing trade secrets and commercial or financial information obtained from a person and privileged or confidential. (v) An intra-agency or interagency memorandum or letter that would not be routinely available by law to a private party in litigation, including, but not limited to, memoranda, reports, and other documents prepared by the personnel of the Council or its constituent agencies, and records of deliberations of the Council and discussions of meetings of the Council, any Council Committee, or Council staff, that are not subject to 5 U.S.C. 552b (the Government in the Sunshine Act). In applying this exemption, the Council will not withhold records based on the deliberative process privilege if the records were created 25 years or more before the date on which the records were requested. (vi) A personnel, medical, or similar record, including a financial record, or any portion thereof, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. (vii) Records or information compiled for law enforcement purposes, to the extent permitted under 5 U.S.C. 552(b)(7), including records relating to a proceeding by a financial institution's State or Federal regulatory agency for the issuance of a cease-anddesist order, or order of suspension or removal, or assessment of a civil money penalty and the granting, withholding, or revocation of any approval, permission, or authority. (viii) A record, or portion thereof, containing, relating to, or derived from an examination, operating, or condition report prepared by, or on behalf of, or for the use of any State or Federal agency directly or indirectly responsible for the regulation or supervision of financial institutions. (ix) A record, or portion thereof, which contains or is related to geological and geophysical information and data, including maps, concerning wells. (2) Discretionary release of exempt information. (3) Procedure for records request Initial request. (A) By sending a letter to: FFIEC, Attn: Executive Secretary, 3501 Fairfax Drive, Room B-708la, Arlington, VA, 22226-3550. Both the mailing envelope and the request should be marked “Freedom of Information Request,” “FOIA Request,” or the like; or (B) By facsimile clearly marked “Freedom of Information Act Request,” “FOIA Request,” or the like to the Executive Secretary at (703) 562-6446; or (C) By email to the address provided on the FFIEC's World Wide Web page, found at: http://www.ffiec.gov. (ii) Contents of request. (A) The name and mailing address of the requester, an electronic mail address, if available, and the telephone number at which the requester may be reached during normal business hours; (B) A statement as to whether the information is intended for commercial use, and whether the requester is an educational or noncommercial scientific institution, or news media representative; and (C) A statement agreeing to pay all applicable fees, or a statement identifying any desired fee limitation, or a request for a waiver or reduction of fees that satisfies paragraph (b)(5)(ii)(H) of this section. (iii) Defective requests. (iv) Expedited processing. ( 1 ( 2 (B) The requester's statement must be certified to be true and correct to the best of the person's knowledge and belief and explain in detail the basis for requesting expedited processing. (C) The formality of the certification required to obtain expedited treatment may be waived by the Executive Secretary as a matter of administrative discretion. (v) Response to initial requests. http://www.ffiec.gov/foia.htm. (B) In response to a request that reasonably describes the records sought and otherwise satisfies the requirements of this section, a search shall be conducted of records in existence and maintained by the Council on the date of receipt of the request, and a review made of any responsive information located. The Executive Secretary shall notify the requester of: ( 1 ( 2 ( 3 ( 4 ( i ( ii ( iii ( iv ( v (vi) Appeals of responses to initial requests. (A) By sending a letter to: FFIEC, Attn: Executive Secretary, 3501 Fairfax Drive, Room B-7081a, Arlington, VA, 22226-3550. Both the mailing envelope and the request should be marked “Freedom of Information Act Appeal,” “FOIA Appeal,” or the like; or (B) By facsimile clearly marked “Freedom of Information Act Appeal,” “FOIA Appeal,” or the like to the Executive Secretary at (703) 562-6446; or (C) By email with the subject line marked “Freedom of Information Act Appeal,” “FOIA Appeal,” or the like to [email protected]. (vii) Council response to appeals. (4) Procedure for access to records if request is granted. (ii) When delivery to the requester is to be made, copies of requested records shall be sent to the requester by regular U.S. mail to the address indicated in the request, unless the Executive Secretary deems it appropriate to send the documents by another means. (iii) The Council shall provide a copy of the record in any form or format requested if the record is readily reproducible by the Council in that form or format, but the Council need not provide more than one copy of any record to a requester. (iv) By arrangement with the requester, the Executive Secretary may elect to send the responsive records electronically if a substantial portion of the records is in electronic format. If the information requested is subject to disclosure under the Privacy Act of 1974, 5 U.S.C. 552a, it will not be sent by electronic means unless reasonable security measures can be established. (5) Fees for document search, review, and duplication; waiver and reduction of fee Definitions Direct costs (B) Search (C) Duplication e.g., (D) Review see (E) Commercial use request (F) Educational institution (G) Noncommercial scientific institution (H) Representative of the news media (ii) Fees to be charged. (A) Manual searches and review. ( 1 ( 2 (B) Computer searches. (C) Duplication of records. 1 ( 2 ( 3 (D) Hourly rates. (E) Fees to exceed $25. (F) Other services. (G) Restriction on assessing fees. 1 ( 2 i 2 ii iv ( ii ( iii ( iv (H) Waiving or reducing fees. (iii) Categories of requesters Commercial use requester (B) News media, educational and noncommercial scientific institution requesters. (C) All other requesters. (D) Description of records. (iv) Interest on unpaid fees. (v) Fees for unsuccessful search and review. (vi) Aggregating requests. (vii) Advance payment of fees. (A) The Council estimates or determines that allowable charges that a requester may be required to pay are likely to exceed $250. The Council will notify the requester of the likely cost and obtain satisfactory assurance of full payment where the requester has a history of prompt payment of FOIA fees, or require an advance payment of an amount up to the full estimated charges in the case of requesters with no history of payment; or (B) A requester has previously failed to pay a fee charged in a timely fashion. The Council may require the requester to pay the full amount owed plus any applicable interest as provided in paragraph (b)(5)(iv) of this section or demonstrate that he/she has, in fact, paid the fee, and to make an advance payment of the full amount of the estimated fee before the Council begins to process a new request or a pending request from that requester. (C) When the Council acts under paragraph (b)(5)(vii)(A) or (B) of this section, the administrative time limits prescribed in subsection (a)(6) of the FOIA ( i.e., (6) Records of another agency. [82 FR 30726, July 3, 2017] § 1101.5 Testimony and production of documents in response to subpoena, order, etc. No person shall testify, in court or otherwise, as a result of activities on behalf of the Council without prior written authorization from the Council. This section shall not restrict the authority of a Council member to testify before Congress on matters within his or her official responsibilities as a Council member. No person shall furnish documents reflecting information of the Council in compliance with a subpoena, order, or otherwise, without prior written authorization from the Council. The Council may authorize testimony or production of documents after the litigant (or the litigant's attorney) submits an affidavit to the Council setting forth the interest of the litigant and the testimony or documents desired. Authorization to testify or produce documents is limited to authority expressly granted by the Council. When the Council has not authorized testimony or production of documents, the individual to whom the subpoena or order has been directed will appear in court and respectfully state that he or she is unable to comply further with the subpoena or order by reason of this section.