|Submitted||May 6, 2013|
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
A copy of all responses sent to Congressional committees between Jan.1, 2008 and the date that this request is processed. These communications are stored together and should be easily accessible.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
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.
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 6, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
Response via Email Only
Dear Mr. Morisy:
The Federal Financial Institutions Examination Council (FFIEC) is in receipt of your email correspondence, pursuant to the provisions of the Freedom of Information Act (FOIA), 5 U.S.C. § 552. In your correspondence dated May 6, 2013, a request was made for disclosure of "all responses sent to Congressional committees between Jan.1, 2008 and the date that this request is processed." Your FOIA request has been assigned a tracking number: FFIEC-013-008, please use this number to reference your request in the future.
The FOIA provides that federal agencies make their records promptly available to any person who makes a proper request for them. 5 U.S.C. § 552(a)(3)(A). Please note that the FOIA does not require that the FFIEC do research, analyze data, answer written questions, or in any other way create records in order to respond to a request. See Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136,152, 100 S.Ct.960, 63 L.Ed.2d 267 (1980)("The Act does not obligate agencies to create or retain documents; it only obligates them to provide access to those which it in fact has created and retained."); Carson v. U.S. Office of Special Counsel, 534 F. Supp.2d 99, 102-103 (D.D.C. 2008)("The FOIA does not require an agency to create documents that do not exist or to collect disparate data and then generate an agency record.").
Please be advised that your FOIA request is granted and attached you will find the three such correspondences between the FFIEC and a Congressional Committee meeting the parameters of your request.
1. 2/11/2011: Response to Congressman Darrell Issa (attachments noted in this correspondence are publically available on the FFIEC and DOJ Websites)
2. 2/13/12: Written remarks provided to Senate Banking Democratic Staff