**National Credit Union Administration**

Annual Freedom of Information Act Report

for

Fiscal Year 2006

The following Annual Freedom of Information Act report covers the Period
10/01/2005 through 09/30/2006, except as indicated below for Part XII of
the report, as required by 5 U.S.C. 552. The URL for this report is:
[www.ncua.gov/FOIA/Reports/2006FOIAAnnualReport](http://www.ncua.gov/FOIA/Reports/2006FOIAAnnualReport).

I. Basic Information Regarding Report

A. If you have any questions regarding this report, you may contact
Linda Dent, Staff Attorney, 1775 Duke Street, Alexandria, Virginia
22314, (703) 518-6540.

B. The report is available on-line at http://www.ncua.gov. You can click
on any underlined term to link directly to the corresponding document on
the NCUA website.

C. To obtain a copy of this report in paper form you may come to the
NCUA reading room located in room 6076B, at 1775 Duke Street,
Alexandria, Virginia 22314-3428 from 8 a.m. to 5:00 p.m. Monday through
Friday, or call

\(703\) 518-6540 to request that a copy be sent to you.

II\. How to make a FOIA Request

You can consult the publication entitled, "A Handbook for Obtaining
Information from NCUA" for information on making a FOIA request. The
Handbook is available on the Internet at http://www.ncua.gov, or you can
request a copy from the Office of Public and Congressional Affairs by
calling (703) 518-6330.

A. FOIA requests may be submitted to one of two NCUA offices, both of
which are located at 1775 Duke Street, Alexandria, Virginia 22314-3428.
For records maintained by the Office of Inspector General (OIG) direct
your request to the OIG at the above address. You may also send a
request to the OIG by facsimile at (703)518-6349, or by e-mail to
OIGmail@ncua.gov. For all other requests, submit your request to the
Freedom of Information Act Officer at the above address. You may also
send such requests by facsimile to (703) 518-6569 or by e-mail to
<FOIA@ncua.gov>.

B. Brief Description of NCUA response-time ranges:

Usually we respond within 20 business days. During this fiscal year we
had a median processing time of 11 days for simple requests and 23 days
for complex requests.

C. Brief Description of why some requests are not granted:

Generally, exempt information includes credit union examination reports;
records which if released, would cause an unwarranted invasion of
personal privacy; confidential proprietary business information;
internal communications regarding proposed NCUA policies; and law
enforcement investigative records.

III\. Definitions of Terms and Acronyms Used in the Report

Basic terms, expressed in common terminology.

1\. FOIA/PA request - Freedom of Information Act/Privacy Act request. A
FOIA request is generally a request for access to records concerning a
third party, an organization, or a particular topic of interest. A
Privacy Act request is a request for records concerning oneself; such
requests are also treated as FOIA requests. (All requests for access to
records, regardless of which law is cited by the requester, are included
in this report.)

2\. Initial request - a request to a federal agency for access to
records under the Freedom of Information Act.

3\. Appeal - a request to a federal agency asking that it review at a
higher administrative level a full denial or partial denial of access to
records under Freedom of Information Act, or any other FOIA
determination such as a matter pertaining to fees.

4\. Processed Request or Appeal - a request or appeal for which an
agency has taken a final action on the request or the appeal in all
respects.

5\. 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 in each track are processed on a first-in/first-out basis. A
requester who has an urgent need for records may request expedited
processing (see below).

6\. Expedited processing - an agency will process a FOIA request on an
expedited basis when a requester has shown an exceptional need or
urgency for the records which warrants prioritization of his or her
request over other requests that were made earlier.

7\. Simple request - a FOIA request that an agency using multi-track
processing places in its fastest (non-expedited) track based on the
volume and/or simplicity of records requested.

8\. Complex request - a FOIA request that an agency using multi-track
processing places in a slower track based on the volume and/or
complexity of records requested.

9\. Grant - an agency decision to disclose all records in full response
to a FOIA request.

10\. Partial grant - an agency decision to disclose a record in part in
response to a FOIA request, deleting information determined to be exempt
under one or more of the FOIA\'s exemptions; or a decision to disclose
some records in their entireties, but to withhold others in whole or in
part.

11\. Denial - an agency decision not to release any part of a record or
records in response to a FOIA request because all the information in the
requested records is determined by the agency to be exempt under one or
more of the FOIA\'s exemptions, or for some procedural reason (such as
because no record is located in response to a FOIA request).

12\. Time limits - the time period in the Freedom of Information Act for
an agency to respond to a FOIA request (ordinarily 20 working days from
proper receipt of a Perfected FOIA request).

13\. Perfected request - a FOIA request for records that adequately
describes the records sought, which has been received by the FOIA office
of each agency or agency component in possession of the records, and for
which there is no remaining question about the payment of applicable
fees.

14\. Exemption 3 statute - a separate federal statute prohibiting the
disclosure of a certain type of information and authorizing its
withholding under FOIA subsection (b) (3).

15\. Median number - the middle, not average number. For example, of 3,
7, and 14, the median number is 7.

16\. 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.

IV\. Exemption 3 Statutes

A. NCUA relied on no Exemption 3 statutes during the current fiscal
year.

V. Initial FOIA Requests

A. Number of Initial Requests

1\. Requests pending as of end of preceding year: 3

2\. Requests received during current FY: 193

3\. Requests processed during current FY: 177

4\. Requests pending as of end of current FY: 19

B. Disposition of Initial Requests

1\. Number of total grants: 90

2\. Number of partial grants: 62

3\. Number of denials: 6

> (a). Number of times each FOIA exemption used:
>
> (b)(1): 0
>
> (b)(2): 4
>
> (b)(3): 0
>
> (b)(4): 20
>
> (b)(5): 23
>
> (b)(6): 54
>
> (b)(7)(A): 0
>
> (b)(7)(B): 0
>
> (b)(7)(C): 0
>
> (b)(7)(D): 0
>
> (b)(7)(E): 0
>
> (b)(7)(F): 0
>
> (b)(8): 31
>
> (b)(9): 0

4\. Other reasons for nondisclosure: 19

> \(a\) No records: 3
>
> \(b\) Referrals: 0
>
> \(c\) Request withdrawn: 11
>
> \(d\) Fee-related reason: 0
>
> \(e\) Records not reasonably described: 1
>
> \(f\) Not a proper FOIA request for some other reason: 2
>
> \(g\) Not an agency record: 2
>
> \(h\) Duplicate request: 0

VI\. Appeals of Initial Denials of FOIA Requests

A. Number of Appeals

1\. Number of appeals received during FY: 7

2\. Number of appeals processed during FY: 7

B. Disposition of Appeals

1\. Number completely upheld: 3

2\. Number partially reversed: 4

3\. Number completely reversed: 0

> \(a\) Number of times each FOIA exemption used:
>
> (b)(1): 0
>
> (b)(2): 0
>
> (b)(3): 0
>
> (b)(4): 4
>
> (b)(5): 4
>
> (b)(6): 1
>
> (b)(7)(A): 0
>
> (b)(7)(B): 0
>
> (b)(7)(C): 0
>
> (b)(7)(D): 0
>
> (b)(7)(E): 0
>
> (b)(7)(F): 0
>
> (b)(8): 5
>
> (b)(9): 0

4\. Other reasons for nondisclosure: 0

> \(a\) No records: 0
>
> \(b\) Referrals: 0
>
> \(c\) Request withdrawn: 0
>
> \(d\) Fee-related reason: 0
>
> \(e\) Records not reasonably described: 0
>
> \(f\) Not a proper FOIA request for some other reason: 0
>
> \(g\) Not an agency record: 0
>
> \(h\) Duplicate request: 0

VII\. Compliance with Time Limits/Status of Pending Requests

A. Median Processing Time for Requests Processed during the Year

1\. Simple Requests

a\. Number of requests processed: 94

b\. Median number of days to process: 11

2\. Complex Requests

a\. Number of requests processed: 81

b\. Median number of days to process: 23

3\. Requests accorded expedited processing

a\. Number of requests processed: 2

b\. Median number of days to process: 17

B. Status of Pending Requests

1\. Number of requests pending as of the end of FY: 19

2\. Median number of days that such requests were pending as of that
date: 16

VIII\. Comparisons with Previous Fiscal (FY) Year

A. Comparison of number of requests received:

193 in FY06 vs. 205 in FY05, a 5.85% decrease

B. Requests for expedited processing:

Received -- 2 in FY06 vs. 0 in FY05, a 100% increase

Granted -- 0 in both FY06 and FY05

IX\. Costs/FOIA Staffing

A. Staffing levels

1\. Number of full-time FOIA personnel: 0

2\. Number of personnel with part-time or occasional FOIA duties (in
total work-years): 1.33

3\. Total number of personnel in (work-years): 1.33

B. Total costs (including staff and all resources)

1\. FOIA processing (including appeals): \$103,980

2\. Litigation-related activities (estimated): \$0.00

3\. Total costs: \$103,980

X. Fees

A. Total amount of fees collected by agency for processing requests:
\$1,843.15.

B. Percentage of total costs: 1.77%

XI\. FOIA Regulations (Including Fee Schedule)

Copies are attached. The link for the fee schedule is:
[www.ncua.gov/FOIA/feesched.html](http://www.ncua.gov/FOIA/feesched.html)
The link for the regulation is:
[www.ncua.gov/RegulationsOpinionsLaws/rules_and_regs/NCUA_RR_Complete_2.pdf](http://www.ncua.gov/RegulationsOpinionsLaws/rules_and_regs/NCUA_RR_Complete_2.pdf)

XII\. Report on Executive Order 13,392 Implementation

This section of the annual FOIA report contains a description of the
NCUA's progress in implementing the goals and objectives of its FOIA
improvement plan. The reporting period for this section covers the
period from June 14, 2006 through January 31, 2007.

A. Description of supplementation/modification of agency improvement
plan (if applicable)

Although NCUA's FOIA improvement plan, as published on the agency's
website, has not been formally amended, as noted below, there is one
step identified in the improvement plan, distribution of the agency
Handbook with acknowledgement letters, that FOIA staff have determined
would not further the goals of Executive Order 13,392 and will not be
implemented.

B. Report on agency implementation of its plan, including its
performance in meeting milestones, with respect to each improvement area

The NCUA focused its improvement efforts on three areas: improved
communications with requesters, increased affirmative disclosure of
information to the public, and reduction or elimination of any backlog
of unanswered FOIA requests. The agency made significant progress in
meeting its objectives and milestones.

As part of its communications improvement effort, FOIA staff created
specialized acknowledgement templates for types of requests typically
requiring a longer processing period and revised and reissued its
"Handbook for Obtaining Information," available in print and on the
agency's web site. Staff also reviewed the FOIA requests log to identify
additional frequently requested records appropriate for posting on the
web site, and reviewed the site's links to other publicly available data
in connection with the NCUA's efforts to improve its affirmative
disclosures. Finally, the agency provided additional training on the
features and capabilities of its FOIA software, revised processing
procedures, and distributed a revised intra-agency FOIA instruction in
its ongoing efforts to reduce the time for processing FOIA requests.

Specifically, FOIA staff consistently now issues acknowledgement letters
to requesters and this met the 7/31/2006 milestone; has updated the
*Handbook* although this was completed about a month later than
projected; has determined that FOIA staff will identify records as
frequently requested if the agency receives four or more substantially
identical requests and will scan and request the NCUA webmaster post if
resources permit; has determined that FOIA page links adequately link
users to other publicly available information on NCUA's site; has
received training regarding requests for electronic records and
specialized training from the vendor providing the agency's processing
system; has delegated authority to the regulatory specialist to process
routing requests enhancing processing times; and updated and re-issued
the agency's internal FOIA Instruction.

C. Identification and discussion of any deficiency in meeting plan
milestones (if applicable)

While FOIA staff did not prepare a written memorandum regarding
reorganization options for consideration by the Chief FOIA Officer by
the end of 2006, staff has met and discussed options with the Chief FOIA
Officer on several occasions. FOIA staff anticipates that a memorandum
to document options and the Chief FOIA Officer's determination will be
completed in early 2007. FOIA staff completed updates to the Handbook
for Obtaining Information about a month later than projected due to
staffing limitations. Staff determined that one step identified in the
improvement plan, distribution of the agency Handbook with
acknowledgement letters, would not be helpful to requesters and,
therefore, would not further the goals of Executive Order 13,392. The
Handbook provides information about how to make a request and very basic
information about processing of requests. Staff concluded that an actual
requester will already have access to this information as evidenced by
having submitted a request and providing the Handbook would be wasteful.
The acknowledgement letter provides sufficient contact information for
requesters and therefore, this step, will not be implemented. The
updated Handbook, completed about a month later than projected

D. Additional narrative statements regarding other executive
order-related activities (optional)

Not applicable.

E. Concise descriptions of FOIA exemptions

The nine exemptions to the FOIA authorizes federal agencies to withhold
information covering: (1) classified national security; (2) internal
agency rules and practices; (3) information prohibited from disclosure
by another federal law; (4) trade secrets and other confidential
business information; (5) inter-agency or intra-agency communications
protected by legal privileges; (6) matters of personal privacy; (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 individual; (8) the supervision of financial institutions;
and (9) geological information on wells.

F. Additional Statistics:

1\. Time range of requests pending, by date of request (or, where
applicable, by date of referral from another agency).

12/22/2006 -- 1/30/2007

2\. Time range of consultations pending with other agencies at this
time.

Not applicable

G. Attachment: Agency improvement plan:

The FOIA Improvement Plan for the NCUA is attached.