What is the FOIA?
The FOIA is a Federal law that establishes the public's right to request existing
records from Federal Government agencies.
Who can file a FOIA request?
Any "person" can file a FOIA request, including U.S. citizens, foreign nationals,
organizations, universities, businesses, and state and local governments.
Who is subject to the FOIA and what type of information
can be requested?
The FOIA's scope includes Federal Executive Branch Departments, agencies, and
offices, Federal regulatory agencies, and Federal corporations. Congress, the
Federal Courts, and parts of the Executive Office of the President are not
subject to the FOIA. State and local governments are likewise not subject to
the Federal FOIA, but some states have their own equivalent access laws for
state records.
What is a record?
A record is the product(s) of data compilation, such as all books, papers,
maps, and photographs, machine readable materials, inclusive of those in
electronic form or format, or other documentary materials, regardless of
physical form or characteristics, made or received by an agency of the United
States Government under Federal law in connection with the transaction of
public business and in Peace Corps possession and control at the time the
FOIA request is made.
Can we ask questions under the FOIA?
The FOIA does not require Federal Agencies to answer questions, render opinions,
or provide subjective evaluations. Requesters must ask for existing records,
such as those mentioned above.
How do I file a FOIA request with the Peace Corps?
A request must be in writing, can be sent via regular mail, email or facsimile and should be labeled “Freedom of Information Act Request," preferably within the request letter and envelope or in the subject. Select only one of the following methods to transmit your request:
- Regular Mail
Peace Corps
FOIA Officer
Office of Management
1111 20th Street, N.W.
Washington, D.C. 20526
- Email
foia@peacecorps.gov
- Facsmile
202.692.1385
To expedite your request, please include your telephone number and
e-mail address.
State your willingness to pay applicable fees. If you seek a fee waiver,
provide a justification for such a waiver.
Describe the specific records you are requesting in enough detail so
that they can be located with a reasonable amount of effort. Generally,
a record is reasonably described when the description contains sufficient
file-related information (type of document, title, subject area, date
of creation, originator, etc.); or the request contains enough event-related
information (date and circumstances surrounding the event the record
covers) to permit the conduct of an organized, non-random search.
See Appendix A for a sample FOIA request letter. Does the Peace Corps maintain any records that are
exempt from disclosure?
Yes. In the event a request for any records or information is made which is
denied by the Peace Corps, the requester will be advised of the basis for the
denial. Such records include:
- Records currently and properly classified in the interest of national
security;
- Records related solely to internal personnel rules and practices;
- Records protected by another law that specifically exempts
the information from public release;
- Trade secrets and commercial or financial information obtained
from a private source which would cause substantial competitive
harm to the source if disclosed;
- Internal records that are deliberative in nature and are part
of the decision making process that contain opinions and recommendations;
- Records which, if released, would result in a clearly unwarranted
invasion of personal privacy; and
- Investigatory records or information compiled for law enforcement
purposes.
What is a denial?
When information is withheld, whether partially or fully, this constitutes a
denial under FOIA. A request may be denied for one or more of the aforementioned
exemptions. When this happens, you will be notified in writing and given appeal
rights. If your request is denied partially you will receive information that
has portions deleted.
Can I appeal a denial?
Yes. If your request is initially denied in whole or in part because it seeks
information which is exempt from disclosure, you will be advised of your
appeal rights and the proper procedures for submitting the appeal. If you
are not satisfied with the appeal determination, you may seek a judicial
review.
How long will it take for my appeal to be processed?
This is a difficult question to answer because of the size of Peace Corps and
its worldwide locations. In fairness to all requesters, the Peace Corps processes
requests in order by date of receipt and according to their complexity. These
are called easy and hard queuing tracks. Whenever possible, an initial determination
to release or deny a record is made within 20 working days after receipt
of the request by the FOIA Officer.
If unusual circumstances exist that preclude a timely response, that
office will give an estimated completion date and reason(s) for delay.
Unusual circumstances include:
- Need to search for and collect the requested records from other
facilities that are separate from the office determined responsible
for a release or denial decision on the requested information. The
need to search for, collect, and examine a voluminous amount of separate
and distinct records which are requested in a single request.
- The need for consultation, which shall be conducted with all practicable
speed, with other agencies having a substantial interest in the determination
of the request.
To receive expedited processing, the requester must demonstrate one
of the following compelling needs:
- Failure to obtain the records on an expedited basis could reasonably
be expected to pose an imminent threat to the life or physical safety
of an individual.
- Information is urgently needed by an individual primarily engaged
in disseminating information in order to inform the public concerning
actual or alleged Federal Government activity.
- Other reasons that merit expedited processing are an imminent loss
of substantial due process rights and humanitarian need.
Do I have to pay for a FOIA request?
The FOIA allows fees to be charged to certain types of requesters, but it also
provides that waivers or reductions in fees be given if disclosing the information
is in the public interest.
All requesters should submit a willingness to pay fees regardless of the fee
category; however, this does not mean you will be charged fees. Except for
commercial requesters whose fees total more than $25, waivers are always considered.
Fee waivers may be granted when disclosure of the records is in the public
interest because it is likely to contribute significantly to public understanding
of the operations or activities of the government. The following factors are
weighed in making a fee waiver determination:
- The subject of the request
- The informative value of the information to be disclosed
- The contribution to an understanding of the subject by the general
public likely to result from the disclosure
- The significance of the contribution to public understanding
- Disclosure of the information is not primarily in the commercial
interest of the requester
- The ability of the requester to disseminate the information
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