February 23, 2000
Barbara Schwarz
Re: FOIA Appeal, your letter of January 24, 2000
Dear Ms. Schwarz:
On October 15, 1999, you filed a Freedom of Information Act (FOIA)/Privacy
Act request for information on yourself and four named individuals.
On October 26, 1999, Dianne Salva, NCUA's FOIA Officer, sent
you a copy of NCUA's systems of records and asked you to identity
which systems you wanted searched. You responded on October 31
identifying the systems you wanted searched for yourself and the
four individuals named in your request. On November 29, Frank
Thomas, NCUA's Inspector General, responded to your request.
He found no responsive records within the Office of Inspector
General's system of records. You appealed Mr. Thomas' denial
on December 7. On December 23, Hattie Ulan of this Office returned
your appeal noting that Mr. Thomas' response only pertained to
the system of records maintained by the Inspector General. Ms.
Ulan informed you that once the agency search was completed and
you received a response from Ms. Salva, you could appeal Mr. Thomas'
determination as well as any determination made by Ms. Salva.
On January 18, 2000, Ms. Salva responded to your request noting
that no records responsive to your request were located. We received
your January 24 appeal (which incorporates your December 7 appeal
to Mr. Thomas) on January 28. In your appeal letter, you set
forth several questions regarding NCUA's search for records you
requested. You request a search declaration stating how the searches
were conducted. You also request copies of any documentation
which may have been created regarding your request. We have provided
some general information about the search and a copy of a FOIA
transmittal form. However, we do not provide a search declaration.
In conducting the search for information you requested, Ms. Salva
contacted staff in the following NCUA offices: each of our six
Regions; the Asset Management Assistance Center; the Office of
Inspector General; the Secretary of the Board; and the Office
of General Counsel. Ms. Salva forwarded copies of your October
15 and October 31 letters to staff from the above-noted offices.
Staff from these offices searched the relevant systems for records
on the individuals (including yourself) as noted in your two letters.
No responsive documents were found. There is no requirement
that an affidavit or search declaration be provided by an agency
at the administrative appeal level. The only documentation created
regarding your request were FOIA transmittal forms used to forward
the request to agency offices and very brief responsive memos
from these offices indicating no records were found. A copy of
a blank transmittal form is enclosed.
Federal agencies are under a duty to conduct a reasonable search
for records when a FOIA request is received. Patterson v.
Internal Revenue Service, 56 F.3d 832 (7th Cir.
1995). The question is not whether any documents responsive to
the request might exist, but rather whether the search for any
responsive documents was adequate. Steinberg v. United States
Department of Justice, 745 F.2d 1476 (D.C. Cir. 1984). We
believe a reasonable search was conducted.
Pursuant to 5 U.S.C. 552(a)(4)(B) (FOIA) and 552a (Privacy Act),
you may seek judicial review of the determination by filing suit
against the NCUA. Such a suit may be filed in the United States
District Court in the district where you reside, where your principle
place of business is located, or the District of Columbia.
Sincerely,
Robert M. Fenner
General Counsel
Enclosure
GC/HMU:bhs
00-0137
SSIC 3212
FOIA 00-22