FOIA 10127

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United States Peace Corps
Freedom of Information Act Request
FOIA 10127
Request Summary:
"Peace Corps Digital Library Funding"

Requested: Jun 9 2010
PC Received: Jun 9 2010 (1 day(s))*
PC Response: Jun 16 2011
--------------
FOIA Appeal Number: 11-0011
Appeal Requested: Oct 25 2010
PC Appeal Received: Nov 2 2010 (7 day(s))*
PC Appeal Response: Jun 17 2011
Agent: Denora Miller
Business Days: Days Total: 316
*Business Days btw FOIA Actions
FOIA Request Summaries & Total Days until Final Response(30).
Summary Days
FOIA 11114 Medical Screening Guidelines Manual 5151
FOIA 11113 2011 Staff and Consultant Directories and Listings 6262
FOIA 11060 Survey of Senior Volunteers
FOIA 11061 Regarding treatment of Volunteers who are whistle blowers. 1717
FOIA 11058 Early Termination Rate Data 6767
FOIA 11059 Survey of Volunteers
FOIA 11053 Reports including Health, Safety, and Early Termination
FOIA 11043 Listing of Peace Corps Political Appointees 9696
… further results
FOIA Appeals (10).


Contents

[edit] Appeal Response September 9th 2011

This is in response to your Freedom of Information Act (FOIA) appeal. You are appealing the response that you received in FOIA Request No.1 0-127 and, specifically, you are appealing the first section of the response:

page responsive to your request. After careful review, it was determined that the one (1) page will be withheld in its entirety, pursuant to 5 U.S.C. § 552(b)(5), because it consists of opinions, recommendations, and other reflections of staff thinking integral to the pre-decisional, deliberative process."

In the appeal letter, you maintain, "The information which I have requested is clearly releasable under FOIA and in my opinion, may not validly be protected by any of the Act's exemptions."

You elaborate on what you meant by saying "All budget information relating to the Peace Corps Digital Library." I have determined that, based on reasonable interpretation, the original response to your request was proper I find there is no basis for disagreeing with the initial determination of the FOIA Office. Therefore, I am denying your appeal.

Based on our reading of the appeal letter, however, it appears that you want accounts receivable, invoices and receipts of payments made on contract (PC-OB-B-242) which we interpret to be different from budget information. I have directed the FOIA Office to process this as a new request. The FOIA Office will send you a new FOIA tracking number.

This is the final decision of the Peace Corps on this FOIA appeal. If you disagree with this decision, you may seek judicial review in accordance with 5 U.S.C. § 552(a)(4). As part of the 2007 FOIA amendments, the Office of Government Information Services (OGIS) was created to offer mediation services to resolve disputes between FOIA requesters and federal agencies as a non-exclusive alternative to litigation. Using OGIS services does not affect your right to pursue litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS in any of the following ways:

Office of Government Information Services National Archives and Records Administration Room 2510 8601 Adelphi Road College Park, MD 20740-6001 E-mail: ogis@nara.gov Telephone: 301-837-1996 Facsimile: 301-837-0348 Toll-free: 1-877-684-6448

Sincerely, Earl W. Yates Associate Director, Management


[edit] Appeal Response June 17th 2011

This is in response to your FOIA request. Specifically, you request the information listed below. Our response is in bold.

If you are not satisfied with this response to your request, you may appeal within 20 calendar days from the date of this letter stating the reasons why the requested information should be released under the Act; and why the denial may be in error. The appeal should be sent to Earl Yates, Associated Director – Management, Peace Corps 1111 20th Street, NW - Washington, DC 20526. Both the appeal and envelope should be clearly marked “FREEDOM OF INFORMATION ACT APPEAL.”If you have questions concerning this response, please feel free to call me direct at (202) 692-1236 or via email at foia@peacecorps.gov.Sincerely,Denora MillerFOIA Officer

[edit] Appeal Memo June 14th 2011

Due to an oversight, your appeal was not processed in a timely manner and was not given appropriate consideration. Your request will be processed without further delay and you will receive no later than Friday, June 17, 2011. I apologize for this gratuitous delay and regret any inconvenience this may have caused you. Sincerely, Denora Miller FOIA Officer (202)692-1236

[edit] Appeal Memo June 8th 2011

What is the current status of this Appeal?

[edit] Appeal Received November 2nd 2010

This serves as an acknowledgement of your appeal. Your appeal has been assigned tracking number FOIA Appeal No. 11-0011. You will receive a respond within 20 business days. If you have any questions, please feel free to contact us at FOIA@peacecorps.gov.


[edit] Appeal Memo November 1st 2010

Dear FOIA office, Could you please alert me to whether a case appeal number as been assigned and what that number is.


[edit] Appeal Requested October 25th 2010

Dear FOIA officer,

This is an appeal under the Freedom of Information Act, 5 U.S.C. § 552.

It has been WELL over 20 business days since my request was received by your agency on June 9th 2010. This period clearly exceeds the 20 days provided by the statute, thus I deem my request denied. A copy of my correspondence and the email form showing receipt by your office with be forwarded.

The information which I have requested is clearly releasable under FOIA and in my opinion, may not validly be protected by any of the Act’s exemptions. I trust that upon re-consideration, you will reverse the decision denying me access to this material and grant my original request.

As I have made this request in the capacity of a (scholar/news service/interested member of public/etc) and this information is of timely value, I would appreciate your expediting the consideration of my appeal in every way possible.

Thank you for your assistance.


[edit] Interim Response July 30th 2010

I apologize that it is taking so long to fulfill your requests. I am still attempting to obtain the documents that might be responsive to both of your pending requests.

Sincerely, Denora Miller FOIA Officer

[edit] Interim Response July 21st 2010

We are unable to provide you a final determination on your request within the statutory time frame established by the FOIA. We anticipate providing a respond to you by July 23, 2010 (10-075) and July 28, 2010 (10-127).

If you agree to this extension, no reply is necessary. If we subsequently deny your request, you still have the right to file an administrative appeal. You may wish to consider limiting the scope of your request so that we can process it more quickly. If you want to limit your request, please submit a reply to this notification.

If you have questions or concerns regarding this extension, please feel free to call me at 202-692-1236 or by email at foia@peacecorps.gov.

Sincerely, Denora Miller FOIA Officer

[edit] Interim Response July 7th 2010

We are unable to provide you a final determination on your request within the 20 working-day statutory time frame established by the FOIA. We need additional time to collect the records you requested. We anticipate providing a respond to you by July 21, 2010.

If you agree to this extension, no reply is necessary. If we subsequently deny your request, you still have the right to file an administrative appeal. You may wish to consider limiting the scope of your request so that we can process it more quickly. If you want to limit your request, please submit a reply to this notification.

If you have questions or concerns regarding this extension, please feel free to call me at 202-692-1236 or by email at foia@peacecorps.gov.


Sincerely, Denora Miller FOIA Officer


[edit] Received June 9th 2010

This serves as an acknowledgment of your request under the Freedom of Information Act, 5 U.S.C. §552, which has been assigned tracking number FOIA # 10-127 . We will respond within 20 business days as is required by the FOIA statute. Please contact us with any questions at FOIA@peacecorps.gov. Thank you.

Regards, Anthony Washington Peace Corps - FOIA/Privacy Office Telephone # 202-692-2167 awashington@peacecorps.gov

[edit] Requested June 9th 2010

Dear FOIA Officer,

This is a request under the Freedom of Information Act (5 U.S.C. 552). I am requesting the following information: From Peace Corps Headquarters:

An electronic fulfillment of this request would be ideal for both parties. You are welcome to contact me with any questions or concerns you might have in fulfilling this request. Please let me know if the charges exceed $100 before continuing.

[edit] Responsive Documents

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