[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2604.301]

[Page 457-458]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2604_FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE 
 
        Subpart C_Production and Disclosure of Records Under FOIA
 
Sec.  2604.301  Requests for records.


    (a) Addressing requests. Requests for copies of records may be made 
in person or by telephone, 202-208-8000, or FAX, 202-208-8037, during 
normal business hours at the Office of Government Ethics, 1201 New York 
Avenue, NW., Suite 500, Washington, DC 20005-3917 or by mail addressed 
to the FOIA Officer of OGE. Although oral requests may be honored, a 
requester generally will be asked to submit his request under the FOIA 
in writing. In the case of a written request, the envelope containing 
the request and the letter itself should both clearly indicate that the 
subject is a Freedom of Information Act request.
    (b) Description of records. Each request must reasonably describe 
the desired records in sufficient detail to enable Office personnel to 
locate the records with a reasonable amount of effort. A request for a 
specific category of records will be regarded as fulfilling this 
requirement if it enables responsive records to be identified by a 
technique or process that is not unreasonably burdensome or disruptive 
of Office operations.

[[Page 458]]

    (1) Wherever possible, a request should include specific information 
about each record sought, such as the date, title or name, author, 
recipient, and subject matter of the record.
    (2) If the FOIA Officer determines that a request does not 
reasonably describe the records sought, he will either advise the 
requester what additional information is needed to locate the record, or 
otherwise state why the request is insufficient. The FOIA Officer will 
also extend to the requester an opportunity to confer with Office 
personnel with the objective of reformulating the request in a manner 
which will meet the requirements of this section.
    (c) Agreement to pay fees. The filing of a request under this 
subpart will be deemed to constitute an agreement by the requester to 
pay all applicable fees charged under subpart E of this part, up to 
$25.00, unless a waiver of fees is sought. The request may also specify 
a limit on the amount the requester is willing to spend, or may indicate 
a willingness to pay an amount greater than $25.00, if applicable. In 
cases where a requester has been notified that actual or estimated fees 
may amount to more than $25.00, the request will be deemed not to have 
been received until the requester has agreed to pay the anticipated 
total fee.
    (d) Requests for records relating to corrective actions. No record 
developed pursuant to the authority of 5 U.S.C. app. (Ethics in 
Government Act of 1978, section 402(f)(2)) concerning the investigation 
of an employee for a possible violation of any provision relating to a 
conflict of interest shall be made available pursuant to this part 
unless the request for such information identifies the employee to whom 
the records relate and the subject matter of any alleged violation to 
which the records relate. Nothing in this subsection shall affect the 
application of subpart D of this part to any record so identified.
    (e) Seeking expedited processing. (1) A requester may seek expedited 
processing of a FOIA request if a compelling need for the requested 
records can be shown.
    (2) ``Compelling need'' means:
    (i) Circumstances in which failure to obtain copies of the requested 
records on an expedited basis could reasonably be expected to pose an 
imminent threat to the life or physical safety of an individual; or
    (ii) An urgency to inform the public about an actual or alleged 
Federal Government activity, if the request is made by a person 
primarily engaged in disseminating information.
    (3) A requester seeking expedited processing should so indicate in 
the initial request, and should state all the facts supporting the need 
to obtain the requested records quickly. The requester must also certify 
in writing that these facts are true and correct to the best of the 
requester's knowledge and belief.

[60 FR 10007, Feb. 23, 1995, as amended at 64 FR 28090, May 25, 1999]