Office of Management and BudgetAnnual Freedom of Information Act (FOIA) Report for FY 2009(October 1, 2008 through September 30, 2009)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., Room 9026, 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. You may wish to submit your request in writing at the following address: Office of Management and Budget, New Executive Office Building, FOIA Officer, 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 126 FOIA initial requests during fiscal year 2009. Of the initial requests processed, 51 were granted in total. With respect to the remaining 75 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. (illustrative examples include Exemption 5 which was asserted to withhold deliberative and predecisional documents and Exemption 6 to withhold privacy protected information.) In other instances, where appropriate, 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: Office of Management and Budget (OMB)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 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 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 Year AGENCY OVERALL 5 138 126 17 B. (1)Disposition of FOIA Requests – All Processed Requests 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 belowTOTALAGENCY OVERALL 51 24 13 36 1 1 0 0 0 0 0 0 126B. (2)Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) Chart ComponentDescription of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied uponTOTALDescription #Description #N/AB. (3)Disposition of FOIA Requests – Number of Times Exemptions Applied 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.9AGENCY OVERALL080032900100000VI.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 Year2790B.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 ReasonsTotal18009C. (1)Reasons for Denial on Appeal – Number of Times Exemptions Applied 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 below00000000000C. (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: N/A 0C. (4)Response Time for Administrative AppealsMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days44 451970C. (5)Ten Oldest Pending Administrative Appeals NOTE: OMB had no administrative appeals pending at the end of FY 2009.Date of Receipt of Ten Oldest Appeals N/AN/AN/AN/A N/AN/AN/AN/AN/AN/ANumber of Days PendingNoneNoneNoneNoneNoneNoneNoneNoneNoneNone10th Oldest Appeal9th8th7th6th5th4th3rd2ndOldest AppealDateVII.FOIA REQUESTS: RESPONSE TIME FOR PROCESSED and Pending Requests Processed Requests – Response Time for All Processed Perfected Requests*NOTE:With regard to expedited processing, OMB does not have a “first-in, first-out” FOIA processing system, therefore OMB’s processing of incoming FOIA requests is not delayed by the processing of other pending requests. All RequestsExpedited Processing*Median Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysAgency Overall18233830000B.Processed Requests – Response Time for Perfected Requests in Which Information Was Granted *NOTE:With regard to expedited processing, OMB does not have a “first-in, first-out” FOIA processing system, therefore OMB’s processing of incoming FOIA requests is not delayed by the processing of other pending requests. All RequestsExpedited Processing*Median Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysAgency Overall 20243830000Processed Requests – Response Time in Day Increments1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTAL AGENCY OVERALL 62 47 11 4 200000000126Requests Granted Expedited Processing**NOTE:With regard to expedited processing, OMB does not have a “first-in, first-out” FOIA processing system, therefore OMB’s processing of incoming FOIA requests is not delayed by the processing of other pending requests. 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 AGENCY OVERALL00000000000000D.Pending Requests – All Pending Perfected Requests*NOTE:With regard to expedited processing, OMB does not have a “first-in, first-out” FOIA processing system, therefore OMB’s processing of incoming FOIA requests is not delayed by the processing of other pending requests. All Requests Expedited Processing*NumberPendingMedian Numberof DaysAverage Numberof DaysNumber PendingMedian Number of DaysAverage Number of DaysAgency Overall 16 15 17000E.Pending Requests – Ten Oldest Pending Perfected Requests 10th Oldest Request and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request and Number of Days PendingTotal09/09/0915 Days09/09/0915 Days09/09/0915 Days09/09/0915 Days09/03/0918 days09/03/0918 days08/25/0925 days08/21/0927 days08/21/0927 days08/11/0935 daysVIII.REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER A.Requests for Expedited Processing*NOTE:With regard to expedited processing, OMB does not have a “first-in, first-out” FOIA processing system, therefore OMB’s processing of incoming FOIA requests is not delayed by the processing of other pending requests. Number GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar DaysAgency Overall00000B.Requests for Fee Waiver Number GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateAgency Overall20057IX.FOIA PERSONNEL AND COSTS 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 CostsAgency Overall 11.52.5$195,000$340,000$535,000X. FEES COLLECTED FOR PROCESSING REQUESTSTotal Amount of Fees CollectedPercentage of Total CostsAGENCYOVERALL00%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 AppealsNumber of Backlogged Requests as of End of Fiscal YearNumber of Backlogged Appeals as of End of Fiscal YearAgencyOverall 1 0Consultations on FOIA Requests – Received, Processed, and Pending Consultations Column 1 Column 2 Column 3 Column 4 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 Agency Overall 0 27243C.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. 10th Oldest Consultation and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation and Number of Days PendingTotalNoneNoneNoneNoneNoneNoneNone09/18/098 days09/09/0915 days09/09/0915 daysD.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. 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 ReportAgency Overall 136 138 142 126Starting 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 ReportAgencyOverall 0 1E.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.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 ReportAgency Overall 8 7 7 9Starting 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 ReportAgency Overall00F. Discussion of Other FOIA Activities (Optional) PAGE 1PAGE 1370727130REVISED ANNUAL REPORT (Delete The First One)Dionne_Hardy@omb.eop.govHardy, DionneHardy_DHardy_D22010-02-04T16:41:00Z2010-02-04T16:49:00Z2010-02-04T16:49:00Z232327718684Microsoft Office Word015543falseTitle1EOPfalse21918false7208999005http://www.whitehouse.gov/omb/foiafalse12.0000