FDII 

Federal Deposit Insurance Corporation 

55017th Street NW, Washington, D.C. 20429-9990 

To: 

From: 

Date: 

Subject: 

U.S. Department of Justice 

DOJ.OIP.FOIA@usdoj.gov 

Office of Management and Budget 

FOIAreporting@omb.eop.gov 

Sara A. Ke

General Counsel and Chief FOIA Officer 

October 31, 2008 

FOIA Reading Room Certification 

A. Internal Review 

General Counsel 

Pursuant to 5 U.S.C. 552(a)(2) and in accordance with guidance issued by the U.S. Department 

of Justice dated June 25, 2008, the FDIC has conducted an internal review of its FOIA Reading 

Room to determine legal compliance with the requirements of the Freedom of Information Act 

(FOIA). The FDIC maintains a single electronic FOIA Reading Room that is available to the 

public on the FDIC website at www.fdic.gov. The FDIC Public Information Center located at 

3501 North Fairfax Drive, Room E-1002, Arlington, Virginia 22226, provides internet access 

through which a member of the public may obtain access to the FDIC's electronic FOIA Reading 

Room. 

B. Deficiencies Corrected 

The internal review identified two administrative staff manuals that fit the criteria of Reading 

Room materials that were not available in the FDIC FOIA Reading Room. These administrative 

staff manuals have now been added to the FOIA Reading Room. 

C. Certification 

Based on the aforementioned internal review of the FDIC FOIA Reading Room and the 

correction of the above-referenced deficiencies, I certify that the FDIC FOIA Reading Room is 

in compliance with the requirements of the FOIA. A copy of this certification has been posted 

on the FDIC FOIA website. 
TO: All Division and Office Directors 

FROM: Sara A. Kelsey 

General Co~h1ef FOIA Officer 

DATE: September 15, 2008 

SUBJECT: FOIA Reading Room Certification 

Executive Order 13392, Improving Agency Disclosure of/nformation, dated 

December 19, 2005, requires that agencies periodically evaluate their "Reading Room" 

materials and certify that such materials are in compliance with the Freedom of 

Information Act (FOIA). To comply with this Order, each FDIC Division/Office must 

review all FOIA Reading Room materials for which they are the competent authority, 

address any deficiencies identified, and certify compliance. 

In order to complete this process, please designate a contact who will work with our 

FOIA/Privacy Act Group to complete your portion of the certification. Your designee 

should be someone with a good depth of knowledge of the type of records that your 

Division/Office generates. Your designee should contact Gary Jackson, Counsel, (202) 

898-6902, or Fred Fisch, Supervisory Counsel, (202) 898-6901, who will assist them in 

completing your Division/Office certification and ensure the FDIC's compliance with the 

Executive Order. Your FOIA Reading Room Division/Office certification must be 

completed by October 6, 2008. 

Background 

The FOIA requires the FDIC to make available for public inspection and copying the 

following four categories of Reading Room materials: 

( 1) final opinions, including concurring and dissenting opinions, as well as 

orders, made in the adjudication of cases; 

(2) statements of policy and interpretations which have been adopted by the 

agency and are not published in the Federal Register; 

(3) administrative staff manuals and instructions to staff that affect a member 

of the public; and 

(4) records released in response to a FOIA request that the agency determines 

have become or are likely to become the subject of subsequent requests for 

substantially the same records (so-called "popular" FOIA requests). 

This is an affirmative disclosure requirement and, as such, the FDIC is obligated not only 

to maintain, but also to continuously update all Reading Room materials. Reading Room 

materials created on or after November 1, 1996 must be available on the FDIC's FOIA 

Service Center web site at www.fdic.gov/about/frccdom/indcx.html. Reading Room 

materials created prior to November l, 1996, must be available either on the FDIC's 

FOIA Service Center web site or in paper form at the FDIC's Public Information Center, 

3501 North Fairfax Drive, Room E-1002, Arlington, Virginia.