The Pension Benefit Guaranty 

Corporation’s Freedom of 

Information Act Report 

Fiscal Year 2023 

Office of the General Counsel 

Disclosure Division 

Report to the 

Attorney General of the United States 

For the Period of 

October 1, 2022 – September 30, 2023 
 

PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

I. BASIC INFORMATION REGARDING REPORT 

1. Name, title, address, and telephone number of person(s) to be contacted with 

questions about the report: 

Whitney Frazier-Jenkins, Disclosure Officer 

Pension Benefit Guaranty Corporation 

445 12th Street, S.W. 

Washington, D.C. 20024-2101 

Phone (202) 229-4040 

2. Electronic address for report on the World Wide Web: 

https://www.pbgc.gov/sites/default/files/documents/fy23-foia-annual-report.pdf 

3. How to obtain a copy of the report in paper form: 

A paper copy of the report can be obtained by writing the Office of the General 

Counsel, Disclosure Division, PBGC at the address in I.1 above, or by printing 

a copy at the Web address listed in I.2 above. 

II. MAKING A FOIA REQUEST 

1. Names, addresses, and telephone numbers of PBGC FOIA Officers and FOIA 

Liaisons. FOIA requests should be submitted directly to the Disclosure Division 

Attention: Whitney Frazier-Jenkins, Disclosure Officer 

Pension Benefit Guaranty Corporation 

445 12th Street, S.W. 

Washington, DC 20024-2101 

Phone (202) 229-4040 

Chief FOIA and Privacy Act Officer 

Paul Chalmers, Deputy General Counsel 

FOIA Public Liaisons 

Robyne Griffin 

Davida Haynes 

A FOIA request should include a description of the requested records, an 

assurance that the requester is willing to pay the fees, if any, associated with 

processing the request, and the complete address of the requester. In addition, it 

is helpful to provide a phone number where the requester can be reached during 

business hours so that any questions regarding the scope of the request can be 

resolved quickly. If the requester is unsure of how to describe the records they 

desire or have specific questions relating to processing of a request, they should 

call the FOIA staff for advice at (202) 229-4040 prior to filing their request. 

2 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

2. Brief description of why some requests are not granted and an overview of 

certain general categories of the agency’s records to which the FOIA 

exemptions applies 

Records subject to disclosure and application of FOIA exemptions include, in 

part; records submitted to PBGC and created by PBGC in connection with 

processing distress plan terminations, or standard termination filing, 

comments on proposed regulations and documents outlining PBGC policies 

and procedures, as well as documents underlying PBGC policies and 

procedures. 

Some requests are not granted because one or more of the exemptions from 

FOIA’s disclosure requirement applies to the records requested. The primary 

exemptions used by PBGC are (b) (3), (4), (5), (6) and (7)(c). 

PBGC denies access to records which have been submitted to the agency under 

Title 29 USC 4010 and 29 USC 4043 pursuant to exemption (b)(3). 

In addition, companies often submit confidential financial and/or 

commercial information to PBGC in the course of doing business. This 

information is withheld under exemption (b)(4). 

In some instances, PBGC did not possess any of the records that were 

requested. 

Exemption (b) (5) in part, allows for the protection of records that reflect the 

deliberative process within the agency. It can be used to protect portions of 

records that contain pre-decisional opinions, recommendations, and advice 

when the disclosure of that information may have a chilling effect on the 

decision-making process. Exemption (b) (5) also protects attorney work 

product and attorney client communications. 

In the vast majority of cases, denial of access to records involves requests 

by third parties for personal information about individuals contained in the 

individual’s Privacy Act record or other record, where the subject 

individual has not authorized release of their personal information, a 

Privacy Act routine use does not apply, or the FOIA does not require the 

PBGC to otherwise release the personal information. These records or 

information are withheld under exemption (b)(6). 

3. FOIA Regulations (including Fee Schedule) 

PBGC FOIA regulations are available online at: 

eCFR :: 29 CFR Part 4901 -- Disclosure and Public Inspection of Pension Benefit 

Guaranty Corporation Records 

3 
 

 

PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 

1. Agency-specific acronyms or other terms: 

None 

2. 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. 

NOTE: PBGC is centralized and therefore does not have multiple 

components. 

e. Consultation – the procedure whereby the agency responding to a FOIA 

request first forwards a record to another agency for its review because that 

agency has an interest in the record. 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 

4 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

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.) 

NOTE: PBGC processed all requests for access to records, regardless of 

which law was cited by the requester, under both the FOIA and PA, as 

appropriate. 

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 for some 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 multitrack 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 or the records and to withhold other portions 

5 
 

 

PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

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 description of the nine FOIA exemptions: 

An agency may withhold information from disclosure if the 

information requested is the kind described in any of the nine 

exemptions listed in the FOIA. 

1. Exemption 1: classified national defense and foreign relations 

information. 

2. Exemption 2: information that is related solely to the internal personnel 

rules and practices of an agency. 

3. Exemption 3: information that is prohibited from disclosure by another 

federal law. 

4. Exemption 4: trade secrets and other confidential business information. 

5. Exemption 5: inter-agency or intra-agency communications that are 

protected by legal privileges. 

6. Exemption 6: information which, if released, would constitute a clearly 

unwarranted invasion of personal privacy. 

7. Exemption 7: records or information compiled for law enforcement 

purposes, to the extent that the production of those records (A) could 

6 
 

PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

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. Exemption 8: Information relating to the supervision of financial 

institutions. 

9. Exemption 9: Geological information on wells. 

7 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

4. Agency Component Abbreviations 

Component 

Abbreviation Component Name 

PBGC Pension Benefit Guaranty Corporation 

8 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

IV. Exemption 3 Statutes 

Statute Type of Information Withheld Case Citation Agency / Component 

Number of 

Times 

Relied 

upon 

by Agency / 

Component 

Total 

Number 

of 

Times 

Relied 

upon 

by 

Agency 

Overall 

29 U.S.C. §1310(c) 

Any information or documentary material submitted to the [agency] pursuant to . . .section [1310 of title 29 of the United States Code] 

N/A PBGC 

3 3 

29 U.S.C. § 1343(f) 

Any information or documentary material submitted to the [agency] pursuant to . . . section [1343 of title 29 of the United States Code] 

N/A PBGC 

1 1 

41 U.S.C. § 4702 (formerly at 

Contractor proposals that are in the possession or control of an executive agency ad that have 

Sinkfield v. HUD, No. 10-885, 2012 U.S. Dist. LEXIS 35233, at *13-15 (S.D. Ohio Mar. 15, 2012); Margolin v. NASA, No. 09- 00421, 2011 WL 1303221, 

PBGC 

2 2 

9 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

41 U.S.C. § not been set forth or at *6 (D. Nev. Mar. 31, 2011); 

253b(m)(1)) incorporated by

reference into contracts 

Hornbostel v. U.S. Dep’t of the Interior, 305 F. Supp. 2d 21, 30 (D.D.C. 2003), summaryaffirmance granted, No. 03-5257, 2004 WL 1900562 (D.C. Cir. Aug. 25, 2004). 

39 U.S.C. § Commercial Wickwire Gavin, P.C. v. USPS, PBGC 410(c)(2) information which 

would not be 

356 F.3d 588, 589, 597 (4th Cir. 2004); Am. Postal Workers 

disclosed under good business practice. 

Union, AFL-CIO v. USPS, 742 F. Supp. 2d 76, 81-83 (D.D.C. 2010); Reid v. USPS, No. 05-294, 2006 WL 1876682, at *5-9 (S.D. Ill. July 5, 2006). 

2 2 

10 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS 

Agency / Component 

Number of 

Requests 

Pending as of 

Start 

of Fiscal Year 

Number of 

Requests 

Received 

in Fiscal Year 

Number of 

Requests 

Processed 

in Fiscal Year 

Number of 

Requests 

Pending as of 

End 

of Fiscal Year 

PBGC 73 2682 2643 112 

AGENCY OVERALL 73 2682 2643 112 

As part of PBGC's migration into the FOIAXpress processing platform, there may be some inconsistencies in the migrated data which may impact the agency overall data. 

11 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS 

Agency / 

Component 

Number 

of Full 

Grants 

Number 

of 

Partial 

Grants / 

Partial 

Denials 

Number of 

Full Denials 

Based on 

Exemptions 

Number of Full Denials Based on Reasons Other than Exemptions 

No 

Records 

All Records 

Referred to 

Another 

Component 

or Agency 

Request 

Withdrawn 

FeeRelated 

Reason 

Records not 

Reasonably

Described 

Improper 

FOIA 

Request

for Other 

Reason 

Not 

Agency

Record 

Duplicate 

Request 

*

i

PBGC 1835 320 89 247 1 57 2 11 21 9 51 

AGENCY 

OVERALL 1835 320 89 247 1 57 2 11 21 9 51 

12 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN E

Agency / 

Component 

Description of "Other" Reasons for Denials from 

Chart B(1) 

Number 

of Times 

"Other" 

Reason 

Was 

Relied 

Upon 

TOTAL 

PBGC N/A 0 0 

AGENCY 

OVERALL 0 

13 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED 

Agency / 

Component 

Ex. 

1 

Ex. 

2 

Ex. 

3 

Ex. 

4 

Ex. 

5 Ex. 6 Ex. 7(A) Ex. 7(B) Ex. 7(C) Ex. 7(D) Ex. 7(E) Ex. 7(F) Ex. 8 Ex. 9 

PBGC 0 0 7 13 7 370 0 0 7 0 2 0 0 0 

AGENCY 

OVERALL 0 0 7 13 7 370 0 0 7 0 2 0 0 0 

14 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS -- RECEIVED, PROCESSED, AND PEND

APPEALS 

Agency / 

Component 

Number of 

Appeals 

Pending as of 

Start 

of Fiscal Year 

Number of 

Appeals

Received 

in Fiscal Year 

Number of 

Appeals

Processed 

in Fiscal Year 

Number of 

Appeals 

Pending as of 

End 

of Fiscal Year 

PBGC 0 8 8 0 

AGENCY 

OVERALL 0 8 8 0 

15 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS 

Agency / 

Component 

Number 

Affirmed on 

Appeal 

Number Partially 

Affirmed & Partially 

Reversed/Remanded 

on Appeal 

Number Completely 

Reversed/Remanded 

on Appeal 

Number of 

Appeals 

Closed for 

Other 

Reasons 

TOTAL 

PBGC 2 0 0 6 8 

AGENCY 

OVERALL 2 0 0 6 8 

16 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED 

Agency / 

Component 

Ex. 

1 

Ex. 

2 

Ex. 

3 

Ex. 

4 

Ex. 

5 

Ex. 

6 

Ex. 

7(A) 

Ex. 

7(B) 

Ex. 

7(C) 

Ex. 

7(D) 

Ex. 

7(E) 

Ex. 

7(F) 

Ex. 

8 

Ex. 

9 

PBGC 0 0 0 0 2 2 0 0 0 0 0 0 0 0 

AGENCY 

OVERALL 0 0 0 0 2 2 0 0 0 0 0 0 0 0 

17 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS 

Agency / 

Component 

No 

Records 

Records 

Referred 

at Initial 

Request 

Level 

Request 

Withdrawn 

FeeRelated 

Reason 

Records 

not 

Reasonably 

Described 

Improper 

Request 

for Other 

Reasons 

Not 

Agency 

Record 

Duplicate 

Request 

or 

Appeal 

Request 

in 

Litigation 

PBGC 0 0 0 0 0 5 0 0 0 

AGENCY 

OVERALL 0 0 0 0 0 5 0 0 0 

18 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS 

Agency / 

Component 

Description of "Other" Reasons for Denial on 

Appeal from Chart C(2) 

Number of 

Times 

"Other" 

Reason 

Was Relied 

Upon 

TOTAL 

PBGC Moot 1 1 

AGENCY 

OVERALL 1 

19 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS 

Agency / 

Component 

Median Number 

of Days 

Average 

Number of Days 

Lowest Number 

of Days 

Highest Number 

of Days 

PBGC 18 13.75 2 20 

AGENCY 

OVERALL 18 13.75 2 20 

20 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS 

Agency / 

Component 

10th 

Oldest 

Appeal 

9th 8th 7th 6th 5th 4th 3rd 2nd Olde

Appe

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N

PBGC 

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 

AGENCY 

OVERALL 

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 

21 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS 

Agency / 

Component 

SIMPLE COMPLEX EXPEDITED 

Median 

Number 

of Days 

Average 

Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

Average 

Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

Average 

Number 

of Days 

PBGC 16 14.59 1 26 14 13.21 1 68 N/A N/A 

AGENCY 

OVERALL 16 14.59 1 26 14 13.21 1 68 N/A N/A 

22 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS GRANTED 

Agency / 

Component 

SIMPLE COMPLEX EXPEDITED 

Median 

Number 

of Days 

Average 

Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

Average 

Number 

of Days 

Lowest 

Number 

of Days 

Highest 

Number 

of Days 

Median 

Number 

of Days 

Average 

Number 

of Days 

PBGC 16 14.58 1 26 14 13.34 1 68 N/A N/A 

AGENCY 

OVERALL 16 14.58 1 26 14 13.34 1 68 N/A N/A 

23 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS 

Agency / 

Component 

<1-

20 

Days 

21-

40 

Days 

41-

60 

Days 

61-

80 

Days 

81-

100 

Days 

101-

120 

Days 

121-

140 

Days 

141-

160 

Days 

161-

180 

Days 

181-

200 

Days 

201-

300 

Days 

301-

400 

Days 

401+ 

Days TOTAL 

PBGC 1005 10 0 0 0 0 0 0 0 0 0 0 0 1015 

AGENCY 

OVERALL 1005 10 0 0 0 0 0 0 0 0 0 0 0 1015 

24 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS 

Agency / 

Component 

<1-

20 

Days 

21-

40 

Days 

41-

60 

Days 

61-

80 

Days 

81-

100 

Days 

101-

120 

Days 

121-

140 

Days 

141-

160 

Days 

161-

180 

Days 

181-

200 

Days 

201-

300 

Days 

301-

400 

Days 

401+ 

Days TOTAL 

PBGC 1487 139 1 1 0 0 0 0 0 0 0 0 0 1628 

AGENCY 

OVERALL 1487 139 1 1 0 0 0 0 0 0 0 0 0 1628 

25 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS 

Agency / 

Component 

<1-

20 

Days 

21-

40 

Days 

41-

60 

Days 

61-

80 

Days 

81-

100 

Days 

101-

120 

Days 

121-

140 

Days 

141-

160 

Days 

161-

180 

Days 

181-

200 

Days 

201-

300 

Days 

301-

400 

Days 

401+ 

Days TOTAL 

PBGC 0 0 0 0 0 0 0 0 0 0 0 0 0 0 

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 

26 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS 

Agency / 

Component 

SIMPLE COMPLEX EXPEDITED PROCESSING 

Number 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

Number 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

Number 

Pending 

Median 

Number 

of Days 

Average 

Number 

of Days 

PBGC 45 7 6.53 67 8 7.044 0 N/A N/A 

AGENCY 

OVERALL 45 7 6.53 67 8 7.044 0 N/A N/A 

27 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS 

Agency / 

Component 

10th 

Oldest 

Request 

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request 

Date of 

Receipt 

2023-09-11 

2023-09-11 

2023-09-11 

2023-09-11 

2023-09-11 

2023-09-08 

2023-09-08 

2023-09-08 

2023-09-07 

2023-09-07 

PBGC 

Number 

of Days 

Pending 14 14 14 14 14 15 15 15 16 16 

AGENCY 

Date of 

Receipt 

2023-09-11 

2023-09-11 

2023-09-11 

2023-09-11 

2023-09-11 

2023-09-08 

2023-09-08 

2023-09-08 

2023-09-07 

2023-09-07 

OVERALL Number 

of Days 

Pending 14 14 14 14 14 15 15 15 16 16 

28 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VIII.A. REQUESTS FOR EXPEDITED PROCESSING 

Agency / 

Component 

Number Granted 

Number 

Denied 

Median 

Number of 

Days to 

Adjudicate 

Average

Number of 

Days to 

Adjudicate 

Number 

Adjudicated 

Within Ten 

Calendar 

Days 

PBGC 0 86 6 8.93 66 

AGENCY 

OVERALL 0 86 6 8.93 66 

29 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

VIII.B. Requests for Fee Waiver 

Agency / 

Component 

Number Granted Number Denied 

Median Number 

of Days to 

Adjudicate 

Average 

Number of Days 

to Adjudicate 

PBGC 10 49 4 7 

AGENCY 

OVERALL 10 49 4 7 

30 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

IX. FOIA Personnel and Costs 

Agency / 

Component 

PERSONNEL COSTS 

Number of 

"Full-Time 

FOIA 

Employees" 

Number of 

"Equivalent 

Full-Time 

FOIA 

Employees" 

Total 

Number 

of "FullTime FOIA 

Staff" 

Processing 

Costs 

LitigationRelated 

Costs 

Total Costs 

PBGC 14 14.00 28.00 1718097.00 0.00 1718097.00 

AGENCY 

OVERALL 14 14.00 28.00 1718097.00 0.00 1718097.00 

31 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

X. Fees Collected for Processing Requests 

Agency / 

Component 

Total Amount 

of Fees 

Collected 

Percentage of 

Total Costs 

PBGC 3078.00 0.1800 

AGENCY 

OVERALL 3078.00 0.1800 

32 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

XI.A. Number of Times Subsection (C) Used 

Agency / 

Component Number of Times Subsection Used 

PBGC 0 

AGENCY OVERALL 0 

33 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

XI.B. Number of Subsection (A)(2) Postings 

Number of Number of 

Agency / 

Component 

Records Posted 

by the FOIA 

Office 

Records Posted 

by Program 

Offices 

PBGC 0 58 

AGENCY 

OVERALL 0 58 

PBGC is limited in proactively and/or discretionarily releasing frequently requested records because many responsive records are initially retrieved as the result of a Privacy Act request. 

34 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

XII.A. Backlogs of FOIA Requests and Administrative Appeals 

Agency / 

Component 

Number of 

Backlogged 

Requests as of 

End of Fiscal 

Year 

Number of 

Backlogged 

Appeals as of 

End of Fiscal 

Year 

PBGC 0 0 

AGENCY 

OVERALL 0 0 

35 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING CONSULTATIONS 

Agency / 

Component 

Number of 

Consultations 

Received from 

Other Agencies 

that were 

Pending at the 

Agency as of 

Start 

of the Fiscal 

Year 

Number of 

Consultations 

Received from 

Other Agencies 

During the Fiscal 

Year 

Number of 

Consultations 

Received from 

Other Agencies 

that were 

Processed by 

the Agency 

During the Fiscal 

Year 

Number of 

Consultations 

Received from 

Other Agencies 

that were 

Pending at the 

Agency as of 

End 

of the Fiscal 

Year 

PBGC 0 5 5 0 

AGENCY 

OVERALL 0 5 5 0 

36 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PEN

Agency / 

Component 

10th Oldest 

Consultation 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation 

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 

PBGC 

Number 

of Days 0 0 0 0 0 0 0 0 0 0 

AGENCY 

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 

OVERALL Number 

of Days 0 0 0 0 0 0 0 0 0 0 

37 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- REQUESTS REC

PROCESSED 

Agency / 

Component 

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED 

Number 

Received During 

Fiscal Year from 

Last Year's 

Annual Report 

Number 

Received During 

Fiscal Year from 

Current Annual 

Report 

Number 

Processed 

During Fiscal 

Year from Last 

Year's Annual 

Report 

Number 

Processed 

During Fiscal 

Year from 

Current Annual 

Report 

PBGC 3727 2682 3877 2643 

AGENCY 

OVERALL 3727 2682 3877 2643 

38 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED 

Agency / 

Component 

Number of 

Backlogged 

Requests as of 

End of the Fiscal 

Year from 

Previous Annual 

Report 

Number of 

Backlogged 

Requests as of 

End of the Fiscal 

Year from Current 

Annual Report 

PBGC 0 0 

AGENCY 

OVERALL 0 0 

39 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT AND PROCESSED 

Agency / 

Component 

NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED 

Number 

Received During 

Fiscal Year from 

Last Year's 

Annual Report 

Number 

Received During 

Fiscal Year from 

Current Annual 

Report 

Number 

Processed 

During Fiscal 

Year from Last 

Year's Annual 

Report 

Number 

Processed 

During Fiscal 

Year from 

Current Annual 

Report 

PBGC 10 8 10 8 

AGENCY 

OVERALL 10 8 10 8 

40 
PENSION BENEFIT GUARANTY CORPORATION FY 2023 FOIA ANNUAL REPORT – 

XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT APPEALS 

Number of Number of 

Agency / 

Component 

Backlogged 

Appeals as of End 

of the Fiscal Year 

from Previous 

Backlogged 

Appeals as of End 

of the Fiscal Year 

from Current 

Annual Report Annual Report 

PBGC 0 0 AGENCY OVERALL 0 0 

41