FEDERAL EMERGENCY MANAGEMENT AGENCY

FREEDOM OF INFORMATION ACT

CY 1996 ANNUAL REPORT TO CONGRESS DUE MARCH l, 1997, PURSUANT TO 5
U.S.C. 552(d):

1\. (a) Total number of FOIA requests received ‑ **314\***

Total number of appeals received ‑ **7\*\***

Total number of court appeals received ‑ **1 (withdrawn)**

\(b\) Total number of initial determinations not to comply with a
request for records made under subsection 552(a) = **87\*\*\***

2\. Authority relied upon for each such determination:

\(a\) Exemptions in 552(b) and the number of times invoked:

(b)(1) ‑ **3**

(b)(2) ‑ **0**

(b)(3) ‑ **2**

(b)(4) ‑ **35**

(b)(5) ‑ **14**

(b)(6) ‑ **21**

(b)(7) ‑ **3**

(b)(8) ‑ **0**

(b)(9) ‑ **0**

\(b\) Statutes invoked pursuant to Exemption 3: **One, 41 U.S.C.
253b(3), as amended**

\(c\) Other Authority:

[Reason]{.underline} [Number of times invoked]{.underline}

\--Refusal to pay reasonable fees **3** \--No records responses **50**

\--Requester withdrew request **10**

\--Referred to another Agency **8**

**\***This figure includes **20** requests which are still pending.

**\*\***This figure includes 4 pending appeals.

**\*\*\***Documents in response to **69** requests were disclosed in
part, and **18** requests were denied in their entirety.

3\. Names and titles or positions of each person who was responsible for
the initial denial of records requested and the number of instances of
participation of each:

[Name and Title]{.underline} [Number of Times Invoked]{.underline}

Ronald P. Face, Jr., Assistant Administrator **3**

Management Operations and Student Support

U.S. Fire Administration

D.G. Bathurst, Deputy Administrator **1**

U.S. Fire Administration

Spence W. Perry, Executive Administrator **4**

Federal Insurance Administration

Richard W. Krimm, Executive Associate Director **1**

Mitigation Directorate

Frederick Sharrocks **1**

Mitigation Directorate

Michael K. Buckley , Chief

Hazard Identification Branch **1**

Mitigation Directorate

Kay Goss, Executive Associate Director **2**

Preparedness, Training & Exercises Directorate

James Taylor **2**

Deputy Chief Financial Officer

Robert R. Boyer, Senior Procurement Executive **15**

Office of Financial Management

J.E. Botsford, Acting Senior Procurement Executive **11**

Office of Financial Management

Christine Makris, Acting Sr, Procurement Executive **22**

Office of Financial Management

George J. Opfer **3**

Inspector General

Marjorie Tibery, Special Assistant to the **2**

Director of Human Resources Management

Linda Trujillo **3**

Personnel Management Specialist

Office of Human Resources Management

Sandra Jackson **1**

FOIA/Privacy Specialist

Office of General Counsel

Louis A. Elisa, Regional Director **1**

Region I

Kenneth D. Hutchison, Regional Director **1**

Region IV

John A. Miller, Regional Director **5**

Region V

Shirley Mattingly, Regional Director **1**

Region IX

Leland Wilson, Federal Coordinating Officer **5**

4\. Total number of intra‑agency appeals from adverse initial decisions
made pursuant to subsection (a)(6) = **7**

\(a\) Number of appeals of which, upon review, request for information
was granted in full = **0**

\(b\) Number of appeals of which, upon review, request for information
was granted in part = **1 (COST PROCESSING ESTIMATE NOT ACCEPTED)**

\(c\) Number of appeals of which, upon review, request for information
was denied in full = **2**

5\. Authority relied upon for total or partial denials on appeal:

\(a\) Exemptions in 552(b) and the number of times invoked:

(b)(1) ‑ **0**

(b)(2) ‑ **0**

(b)(3) ‑ **2**

(b)(4) ‑ **0**

(b)(5) ‑ **1**

(b)(6) ‑ **0**

(b)(7) ‑ **1**

(b)(8) ‑ **0**

(b)(9) ‑ **0**

\(b\) Statutes invoked pursuant to Exemption 3: **One, 41 U.S.C.
253b(3), as amended**

\(c\) Other Authority: **None**

6\. List of names and titles or positions of each person who on appeal
was responsible for the denial in whole or in part of records requested
and the number of instances of each participation:

[Name and Title]{.underline} [Number of times invoked]{.underline}

John P. Carey **1**

General Counsel

Michael B. Hirsch^/f/^John P. Carey **1**

7\. A copy of each court opinion or order giving rise to a proceeding
under subsection (a)(4)(F); a copy of Merit Systems Protection Board
findings and recommendations on each such proceeding and a report of the
disciplinary action taken against the officer or employee who was
responsible for improperly withholding records or an explanation of why
disciplinary action was not taken. Number of documents attached:
**None**

8\. Up‑to‑date copies of all rules or regulations issued pursuant to or
in implementation of the Freedom of Information Act (5 U.S.C. 552).
Number of documents attached: **One, (44 C.F.R. Part 5)**

9\. A copy of the fee schedule adopted and the total dollar amount
collected for making records available.

FEMA is operating under the fee schedule codified at **44 C.F.R.
5.40‑5.47**. The total amount of monies collected during this reporting
year is **\$ 3,982.28**.

10\. Pursuant to subparagraph (d)(7), the following information is
furnished:

\(a\) [Availability of Records]{.underline}: List of all new categories
or segregable portions of records now being released upon request.
**None**

1\. Copies of statements of policy and interpretations which have been
adopted by FEMA and are not published in the

[Federal Register]{.underline}. **None**

2\. Administrative staff manuals and instructions to staff that affect a
member of the public, unless such materials are published and copies are
offered for sale.

**FEMA Manual 5100.2, Index of Internal and External Directives,
(currently being revised). The publication of this index fulfills the
indexing requirements of FEMA Instruction 1350.1, Production or
Disclosure of Information.**

[Costs]{.underline}. A statement of incremental costs incurred in
administering the 1974 amendments to the Act.

The best estimate for direct and indirect costs is **\$ 71,005.04**.
This total cost represents both personnel resources and administrative
costs, i.e., time spent searching for records, reviewing records,
attending meetings or telephone conversations

regarding FOIA, drafting and typing responses, photocopying documents
for FOIA requests, deleting documents for release under FOIA, attending
or presenting FOIA training sessions, and preparing reports relating to
FOIA.

\(c\) [Compliance with the time limitations for agency
determinations]{.underline}.

Subparagraph (a)(6)(A) provides for an initial determination to be made
on any request for records within 10 working days (usually 2 weeks) of
its receipt. In case of an appeal from an initial denial, a
determination on the appeal is to be made by the agency within 20
working days (usually 4 weeks) after receipt of the appeal. The
amendments contain two provisions for extension of the foregoing time
limits: (1) an additional 10 days in three types of unusual
circumstances, and (2) where authorized by a court.

\(I\) The total number of instances in which it was necessary to seek a
10‑day extension of time **26**; times, broken down as follows:

\(a\) The need to search for and collect the requested records from
field facilities or other establishments

that are separate from the office processing the request ‑ **12**

\(b\) The need to search for, collect, and appropriately examine a
voluminous amount of separate and distinct records which are demanded in
a single request ‑ **2**

\(c\) The need for consultation, which was conducted with all
practicable speed, with another agency or

FEMA components having a substantial subject matter interest therein ‑
**12**

\(II\) The total number of instances where court appeals were taken on
the basis of exhaustion of administrative procedures because the agency
was unable to comply with the request within the applicable time limits:
**0**

\(III\) The total number of instances in which a court allowed
additional time upon showing exceptional circumstances together with a
copy of each court opinion or order containing such an extension of
time: **NA**

\(d\) [Internal Memoranda]{.underline}. A copy of all unpublished
internal memoranda or instructions setting forth procedures to be
allowed by agency personnel in administering the Act or defining its
coverage together with a statement indicating whether the memoranda or
instructions are publicly available or, if not, the legal basis for
non‑disclosure of any such documents. Number of documents attached:
**NONE**