Email Correspondence with Dr. Paul Arguin, CDC

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Copies of all email correspondence, including attachments, sent or received Monday, July 29, 2013; Tuesday, July 30, 2013; and Wednesday, July 31, 2013, between Dr. Thomas Wilkinson, Peace Corps, and Dr. Paul Arguin, CDC, to include the 52 pages of documents within CDC FOIA release 15-00394 (see file https://muckrock.s3.amazonaws.com/foia_files/2015/09/22/9-15-15_MR15907_RES_ID15-00394-FOIA.pdf) that were redacted by CDC pending Peace Corps review.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Dr. Remington Nevin

FREEDOM OF INFORMATION ACT APPEAL

Chief FOIA Officer
Peace Corps
1111 20th Street NW
Washington, DC 20526
Fax: 202-692-1385
Email: FOIA@peacecorps.gov

Re: Appeal of Constructive Denial of FOIA Request 15-0278

Dear Sir or Madam,

This is an appeal under the Freedom of Information Act (FOIA). I am writing to appeal the constructive denial of a request made under the FOIA.

On September 24, 2015, I submitted a FOIA request (the “Request”) to the Peace Corps seeking:

Copies of all email correspondence, including attachments, sent or received Monday, July 29, 2013; Tuesday, July 30, 2013; and Wednesday, July 31, 2013, between Dr. Thomas Wilkinson, Peace Corps, and Dr. Paul Arguin, CDC, to include the 52 pages of documents within CDC FOIA release 15-00394 (see file https://muckrock.s3.amazonaws.com/foia_files/2015/09/22/9-15-15_MR15907_RES_ID15-00394-FOIA.pdf) that were redacted by CDC pending Peace Corps review”.

On September 24, 2015, the Peace Corps acknowledged this request, assigning it request number 15-0278. The acknowledgement stated “You will receive a response within 20 business days”.

Since that time, I have made numerous attempts to follow up with Peace Corps, to no avail. Over four months have passed since I submitted my Request, and the Peace Corps has not provided any documents responsive to my Request, nor has it identified any basis for withholding such documents. Indeed, it is possible that the Peace Corps has failed to even begin the search for responsive documents.

The FOIA requires an agency to respond to a request for records within 20 days. [See 5 USC § 552(a)(6)(A)(i)]. Where an agency invokes a need to consult with “two or more components of [an] agency having substantial subject-matter interest” in a request, the FOIA permits a 10-day extension of time to respond. The Peace Corps has not sent the requestor any documentation claiming invocation of this extension. Similarly, the Peace Corps has not asserted that “extraordinary circumstances” exist to justify its refusal to respond to this request within the time period required by the FOIA. Therefore, the Peace Corps’ response to this request was due on or about October 23, 2015.

The Peace Corps’ failure to response to this request within the time period required by the FOIA serves as a constructive denial of the request, and I am therefore deemed to have exhausted my administrative remedies [See 5 USC § 552(a)(6)(C)]. In light of the foregoing, I can be left with no other impression that the Peace Corps is not exercising due diligence in responding to this Request.

I respectfully request that the Peace Corps respond to this appeal within 20 business days [see 5 USC § 552(a)(6)(A)(ii)]. If you have any questions or require any additional information, please contact me.

Sincerely,

Dr. Remington Nevin

Dear Peace Corps,

Thank you very much for your help with this request. I have received the documents responsive to my request FOIA 15-0278, which I believe you may have inadvertently labeled 15-0274 in your response to me. These responsive documents satisfy my request and I consider both this request, and my recently sent appeal, closed in response.

Although there are a number of outstanding, but separate requests, concerning which I will send follow-up correspondence shortly, I do appreciate your assistance in closing out this particular request.

Sincerely,

Dr. Remington Nevin