Office of Management and BudgetAnnual Freedom of Information Act (FOIA) Report for FY 2008(October 1, 2007 through September 30, 2008)I.Basic Information Regarding Report 1.Any questions concerning this report, as well as requests for a copy of the report in paper form, should be addressed to the Office of Management and Budget (OMB), Attn: Ms. Dionne Hardy, FOIA Officer, 725 17th Street, N.W., Washington, DC 20503, (202) 395-7214.2.Copies of this report, as well as information on how to make a Freedom of Information Act (FOIA) request to OMB, are available at the “FOIA” site on the OMB Home Page at http://www.whitehouse.gov/omb.foia/index.html. You may wish to submit your request in writing at the following address: Office of Management and Budget, New Executive Office Building, Room 9026, 725 17th Street, N.W., Washington, DC 20503.3.To obtain a copy of this Report in paper form, see Section I. 1. above. II.MAKING A FOIA REQUEST1.Guidance on how/where to submit a FOIA request can be found on the OMB website Home Page mentioned above. As noted in the guidance, all FOIA requests to OMB are received at the address shown on the Home page. Please note that OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from OMB’s central FOIA Office. 2.OMB processed 142 FOIA initial requests during fiscal year 2008. Of the initial 142 requests processed, 48 were granted in total. With respect to the 94 remaining requests, OMB either had no documents responsive to the request, some or all of the responsive documents were withheld under one of the FOIA exemptions listed below in Section III. 3., the request was referred to another agency, or the records were not reasonably described. III.Acronyms, Definitions, AND EXEMPTIONS 1.Agency-specific acronyms or other terms: N/A. 2.Include the following definitions of terms used in this Report: a.Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level.b.Average Number – the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8.c.Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for a response. d.Component – for agencies that process requests on a decentralized basis, a “component” is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processes FOIA requests. The FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each principal component of the agency. e.Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency that forwarded it. That agency, in turn, will then respond to the FOIA requester. f.Exemption 3 Statute – a federal statute that exempts information from disclosure and which the agency relies on to withhold information under subsection (b)(3) of the FOIA. g.FOIA Request – a FOIA request is generally a request to a federal agency for access to records concerning another person (i.e., a “third-party” request), or concerning an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., “first-party” requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act “systems of records” or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the requester are included in this Report. Additionally, a FOIA request includes records referred to the agency for processing and direct response to the requester. It does not, however, include records for which the agency has received a consultation from another agency. (Consultations are reported separately in Section XII of this Report.)h.Full Grant – an agency decision to disclose all records in full in response to a FOIA request.i.Full Denial – an agency decision not to release any records in response to a FOIA request because the records are exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no records could be located.j.Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7. k.Multi-Track Processing – a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out basis. i.Expedited Processing – an agency will process a FOIA request on an expedited basis when a requester satisfies the requirements for expedited processing as set forth in the statute and in agency regulations. ii. Simple Request – a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the low volume and/or simplicity of the records requested. iii.Complex Request – a FOIA request that an agency using multi-track processing places in a slower track based on the high volume and/or complexity of the records requested. l.Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose portions of the records and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a procedural reason. m.Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects. n.Perfected Request – a request for records which reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed.o.Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.p.Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals. q.Time Limits – the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty working days from receipt of a perfected FOIA request).3.Concise descriptions of the nine FOIA exemptions:a.Exemption 1: classified national defense and foreign relations informationb.Exemption 2: internal agency rules and practicesc.Exemption 3: information that is prohibited from disclosure by another federal lawd.Exemption 4: trade secrets and other confidential business informatione. Exemption 5:inter-agency or intra-agency communications that are protected by legal privilegesf.Exemption 6: information involving matters of personal privacyg.Exemption 7:records or information compiled for law enforcement purposes, to the extent that the production of those records (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individualh.Exemption 8: information relating to the supervision of financial institutionsi.Exemption 9:geological information on wellsIV.Exemption 3 Statutes A.Exemption 3 Statutes Relied upon to Withhold Information* NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. StatuteType of Information WithheldCase CitationNumber of Times Relied upon per Component*Total Number of Times Relied upon by AgencyN/AN/AN/AN/A 0 V. FOIA REQUESTSA.Received, Processed and Pending FOIA Requests*NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. Column 1Column 2Column 3Column 4 Number of Requests Pending as of Start of Fiscal YearNumber of Requests Received in Fiscal YearNumber of Requests Processed in Fiscal YearNumber of Requests Pending as of End of Fiscal YearComponent A* Component B* AGENCY OVERALL 11 136 142 5 B. (1)Disposition of FOIA Requests – All Processed Requests * NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. Number of Full GrantsNumber of Partial Grants/ Partial Denials Number of Full Denials Based on ExemptionsNumber of Full Denials Based on Reasons Other than Exemptions No RecordsAll Records Referred to Another Component or AgencyRequest Withdrawn Fee-Related ReasonRecords not Reasonably DescribedImproper FOIA Request for Other Reason Not Agency RecordDuplicate Request Other*Explain in chart belowTOTALComp. A*Comp. B*AGENCY OVERALL4813304810000200142B. (2)Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) Chart* NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. ComponentDescription of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied uponTOTALComponent A*Description #Description #N/AComponent B*Description #Description #N/AB. (3)Disposition of FOIA Requests – Number of Times Exemptions Applied* NOTE: As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIArequests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. Ex.1Ex.2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex.8Ex.9Component A* Component B* AGENCY OVERALL150037200000000VI.ADMINISTRATIVE Appeals of Initial DETERMINATIONS of FOIA Requests A.Received, Processed and Pending Administrative AppealsColumn 1Column 2Column 3Column 4Number of Appeals Pending as of Start of Fiscal YearNumber of Appeals Received in Fiscal YearNumber of Appeals Processed in Fiscal YearNumber of Appeals Pending as of End of Fiscal Year1872B.Disposition of Administrative Appeals – All Processed AppealsNumber Affirmed on AppealNumber Partially Affirmed & Partially Reversed/Remanded on AppealNumber Completely Reversed/Remanded on AppealNumber of Appeals Closed For Other ReasonsTotal15017C. (1)Reasons for Denial on Appeal – Number of Times Exemptions Applied*NOTE:As indicated below, OMB withheld information under Exemption 6 (disclosure of the information would constitute a clearly unwarranted invasion of personal privacy) in response to four administrative appeals. As previously indicated in the chart in Section V. B. (3), OMB withheld information under Exemption 6 in response to two initial requests. The explanation for the two additional invocations of Exemption 6 at the appeal stage is that, during OMB's re-review of withheld materials on appeal, OMB identified information for which an Exemption 6 withholding was warranted in two matters for which this exemption had not been invoked at the initial response stage. Ex. 1Ex.2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex.8Ex.904005400000000C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions No RecordsRecords Referred at Initial Request LevelRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper Request for Other ReasonsNot Agency RecordDuplicate Request or AppealRequest in Litigation Appeal Based Solely on Denial of Request for Expedited ProcessingOther*Explain in chart below00000000001C. (3)Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) ChartDescription of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied uponTOTALDescription: In this appeal response OMB explained to the requester that OMB had previously provided all of the responsive documents to the requester in OMB’s prior initial full release of documents. 1C. (4)Response Time for Administrative AppealsMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days24281841C. (5)Ten Oldest Pending Administrative Appeals *** NOTE:The two pending Administrative Appeals, as of the end of fiscal year 2008, were received near the end of fiscal year 2008 and were completed during fiscal year 2009. Consequently, the number of days pending is beyond the scope of the FY 2008 reporting period and this information will be reported on next year’s report (the fiscal year 2009 report.) Date of Receipt of Ten Oldest AppealsDateNoneNoneNoneNone NoneNoneNoneSeptember 16, 2008September 5, 2008Number of Days Pending#N/A ***N/A ***10th Oldest Appeal9th8th7th6th5th4th3rd2ndOldest AppealVII.FOIA REQUESTS: RESPONSE TIME FOR PROCESSED and Pending Requests Processed Requests – Response Time for All Processed Perfected Requests*NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. ** NOTE:OMB does not have multi-track processing system and does not designate separate tracks for “simple” and “complex” FOIA requests. Instead OMB classifies all incoming FOIA requests together in one category as incoming requests regardless of their complexity. Consequently, for this report OMB is substituting one category: “All Requests” in place of the “simple” and “complex” categories.All RequestsExpedited ProcessingMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysComponent AComponent BAgency Overall202651050000B.Processed Requests – Response Time for Perfected Requests in Which Information Was Granted * NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. ** NOTE:OMB does not have multi-track processing system and does not designate separate tracks for “simple” and “complex” FOIA requests. Instead OMB classifies all incoming FOIA requests together in one category as incoming requests regardless of their complexity. Consequently, for this report OMB is substituting one category: “All Requests” in place of the “simple” and “complex” categories. All RequestsExpedited ProcessingMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysComponent A*Component B*Agency Overall19255850000C.Processed Requests – Response Time in Day Increments* NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. ** NOTE:OMB does not have multi-track processing system and does not designate separate tracks for “simple” and “complex” FOIA requests. Instead OMB classifies all incoming FOIA requests together in one category as incoming requests regardless of their complexity. Consequently, for this report OMB is substituting one category: “All Requests” in place of the “simple” and “complex” categories. 1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTAL Comp. AComp. BAGENCY OVERALL7151114140000000142Requests Granted Expedited Processing1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTAL Comp. AComp. BAGENCY OVERALL00000000000000D.Pending Requests – All Pending Perfected Requests* NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. ** NOTE:OMB does not have multi-track processing system and does not designate separate tracks for “simple” and “complex” FOIA requests. Instead OMB classifies all incoming FOIA requests together in one category as incoming requests regardless of their complexity. Consequently, for this report OMB is substituting one category: “All Requests” in place of the “simple” and “complex” categories. All Requests Expedited ProcessingNumberPendingMedian Numberof DaysAverage Numberof DaysNumber PendingMedian Number of DaysAverage Number of DaysComponent AComponent BAgency Overall556000E.Pending Requests – Ten Oldest Pending Perfected Requests* NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. 10th Oldest Request and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request and Number of Days PendingTotalDateNumber of DaysNoneNoneNoneNone09/25/083 days09/23/085 days09/23/085 days09/17/089 days09/16/0810 daysVIII.REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER A.Requests for Expedited Processing * NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. Number GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar DaysComponent AComponent BAgency Overall00000B.Requests for Fee Waiver* NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. Number GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar DaysComponent AComponent BAgency Overall31022210IX.FOIA PERSONNEL AND COSTS * NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. PersonnelCostsNumber of “Full-Time FOIA Employees”Number of “Equivalent Full-Time FOIA Employees”Total Number of “Full-Time FOIA Staff” (The sum of Columns 1 &2)Processing CostsLitigation-Related CostsTotal CostsComponent AComponent BAgency Overall11.52.5$162,000$250,000$412,000X. FEES COLLECTED FOR PROCESSING REQUESTS* NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. Total Amount of Fees CollectedPercentage of Total CostsComponent AComponent BAGENCY OVERALL00%XI.FOIA REGULATIONS The electronic link to OMB’s FOIA regulations, including OMB’s fee schedule, can be located at www.whitehouse.gov/omb/foia/5cfr1303.html.XII.BACKLOGS, CONSULTATIONS, AND COMPARISONS SEQ CHAPTER \h \r 1A. Backlogs of FOIA Requests and Administrative AppealsNOTE: As of the end of FY 2008, OMB had no backlogs in either FOIA Requests or FOIA Administrative Appeals.* NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. N/A. As of the end of FY 2008, OMB had no backlogs in either FOIA Requests or FOIA Administrative Appeals.Number of Backlogged Requests as of End of Fiscal YearNumber of Backlogged Appeals as of End of Fiscal YearComponent AComponent BAgencyOverall00Consultations on FOIA Requests – Received, Processed, and Pending ConsultationsNOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. Number of Consultations Received from Other Agencies that Were Pending at Your Agency as of Start of the Fiscal YearNumber of Consultations Received from Other Agencies During the Fiscal YearNumber of Consultations Received from Other Agencies that Were Processed by Your Agency During the Fiscal YearNumber of Consultations Received from Other Agencies that Were Pending at Your Agency as of End of the Fiscal Year Component A Component B Agency Overall024240 Column 1 Column 2 Column 3 Column 4 C.Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency 1.Provide the dates of receipt of the ten oldest consultations received from other agencies pending at your agency as of the end of the fiscal year. * NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. 10th Oldest Consultation and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation and Number of Days PendingTotalNoneNoneNoneNoneNoneNoneNoneNoneNoneNoneD.Comparison of Numbers of Requests from Previous and Current Annual Report – Requests Received, Processed, and BackloggedProvide the number of requests received and the number of requests processed during the fiscal year from last year’s Annual Report and the number of those received and processed during the fiscal year from the current Annual Report. * NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. Column 1Column 2Column 3Column 4Number of Received During Fiscal Year from Last Year’s Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber of Processed During Fiscal Year from Last Year’s Annual ReportNumber Processed During Fiscal Year from Current Annual ReportComponent AComponent BAgency Overall140136137142Starting with the Annual Report for Fiscal Year 2009, provide the number of backlogged requests as of the end of the fiscal year from theprevious Annual Report and the number of backlogged requests as of the end of the fiscal year from the current Annual Report.Column 1Column 2Number of Backlogged Requests as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Requests as of End of the Fiscal Year from Current Annual ReportComponent AComponent BAgencyOverall00E.Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeals Received, Processed, and BackloggedProvide the number of administrative appeals received and the number of administrative appeals processed during the fiscal year from last year’s Annual Report and the number of those received and processed during the fiscal year from the current Annual Report.* NOTE:As noted above in Section II. 1. OMB has one FOIA Office and does not have any individual components that receive FOIA requests aside from its FOIA Office. Consequently, all numbers listed below refer to OMB’s central FOIA Office. Column 1Column 2Column 3Column 4Number Received During Fiscal Year from Last Year’s Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year’s Annual ReportNumber Processed During Fiscal Year from Current Annual ReportComponent AComponent BAgency Overall128117Starting with the Annual Report for Fiscal Year 2009, provide the number of backlogged administrative appeals as of the end of the fiscalyear from the previous Annual Report and the number of backlogged administrative appeals as of the end of the fiscal year from the currentAnnual Report. Column 1Column 2Number of Backlogged Appeals as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Appeals as of End of the Fiscal Year from Current Annual ReportComponent AComponent BAgency Overall00F. Discussion of Other FOIA Activities (Optional) PAGE 1PAGE 1OIP Guidance May 200812009-01-16T18:21:00Z2010-06-30T12:48:00Z2010-06-30T12:48:00ZNormal030439324610Microsoft Office Word020557falseTitle1OIP Guidance May 2008false28946falsefalse12.0000