Interim Final Rule Summary

 NCUA 12 CFR Part 792; Revisions to FOIA

Prepared by NASCUS Legislative and Regulatory Affairs Department

December 2016


 

The NCUA Board is revising its Freedom of Information Act (FOIA) regulation pursuant to the FOIA Improvement Act of 2016 which became law on June 30, 2016. The FOIA Improvement Act consists of several amendments to the FOIA affecting FOIA administration. The Act requires agencies to review their FOIA regulations and revise procedures for the disclosure of records.

Comments are due to NCUA by January 23, 2017.

The Interim Final FOIA rule may be read in its entirety here.

Summary

NCUA’s FOIA regulations are codified in Part 792, subpart A of its Rules & Regulations. NCUA has made the statutorily mandated changes to those FOIA rules. NCUA was required to:

  • Now make available to the public ‘‘in an electronic format’’ certain information that it previously only had to make available for copying.
  • Amend FOIA exemption 5 to provide that ‘‘the deliberative process privilege shall not apply to records created 25 years or more before the date on which the records were requested.’’
  • Amend its regulation to prohibit charging fees to FOIA requesters if it does not respond to them within 20 business days
  • To include in its written FOIA responses the right of requesters to seek assistance from the NCUA FOIA Public Liaison.
  • Extend to 90 days the time a FOIA requester has to appeal an adverse determination from the present 30 days.
  • Provide the requester the right to seek dispute resolution services from the NCUA FOIA Public Liaison or the Office of Government Information Services (OGIS) within the National Archives and Records Administration.