Freedom of Information Act Annual Report
 

Fiscal Year 2008
 

I. BASIC INFORMATION REGARDING REPORT 

1.	 Provide name, title, address, and telephone number of person(s) to be 

contacted with questions about the Report. 

Lawrence L. Ca'ivert, Jr., Chief Freedom of Information Act Officer 

Nicole St. Louis, F~eedom of Information Act Publ'ic Liaison 

Candace J. SaUey, Freedom of Information Act IRequester 

Service Center 

Federall EJlection Commission
 

999 IE Street, NIW
 

Washington, DC 20463
 

(202)1694-1650
 

2.	 Pmvide an electronic link for access to the Report on the agency Web site. 

http://www.fec.gov/press/foia.shtml 

3.	 Explain how to obtain a copy of the Report in paper form. 

Contact: FOIA Requester Service Center, ATTN: Candace J. Salley 

Federal Election Commission 

999 E Street, NW 

Washington, DC 20463 

(202) 694-1650 

II. MAKING A FOIA REQUEST 

1.	 Provide names, addresses, and telephone numbers of all individual agency 

components that receive FOIA requests. 

Federal Election Commission 

FOIA Requester Service Center, ATTN: Candace J. Salley 

Room 408 

999 E Street, NW 

Washington, DC 20463 

(202) 694-1650 

(202) 219-1043 (fax number)
 

foia@fec.gov (email address)
 
1.	 Provide a 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 apply. 

Some requests are not granted because there are no responsive 

documents or release of the documents is prohibited under the Federal 

Election Campaign Act. 

In general, FOIA exemptions apply to the following types of agency 

records (non-exhaustive list): 

•	 Internal agency rules and practices 

•	 Information involving matters of personal privacy 

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 

1. Provide any agency-specific acronyms or terms used in this Report. 

FEC - Federal Election Commission
 

FECA - Federal Election Campaign Act
 

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 "thirdparty" 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 nonU.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. 

I.	 Partial GrantlPartial 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. Include the following concise descriptions of the nine FOIA exemptions: 

a.	 Exemption 1: classified national defense and foreign relations 

information 

b.	 Exemption 2: internal agency rules and practices 

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

federal, law 

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

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

protected by legal privileges 

f. Exemption 6: information involving matters of personal privacy 

g.	 Exemption 7: records or infonmation compiled for law enforcement 

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

reasonably be expected to interfere with enforcement prooeedlngs, (8) 

would deprive a person of a right to a fair trial or am Impartial 

adjudication, (C) could reasonabl'y be expected to constitute an 

unwarranted invasion of personal pr,ivacy, (0) cmdd 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 

ihvestigations or prosecutions, Or (F) eQuid reasonably be expected to 

endanger the life 0Ii physical safety of any individual 

h.	 Exemption 8: info,nmation relating to the supervision of financial 

institutions 

I. ExemJpUon 9: geological information on wells 
Statute	 Type of Information 

Withheld 

Case

Citation 

Number of Times 

Relied upon per 

Component 

Total Number of

Times Relied upon 

by Agency 

The Commission is 

prohibited from 

disclosing "any 

notification or 

2 U.S.C. § 437g(a)(12)(A) 

investigation made under 

this section" of "any 

person without the 

written consent of the
 

N/A AGENCY	 

OVERALL1 

2

person receiving such
 

notification or the person
 

with respect to whom
 

such investigation is
 

made."
 

I

IV. EXEMPTION 3 5TATUTE5 

A.	 Exemption 3 Statutes Relied upon to Withhold Information 

1.	 List all Exemption 3 statutes relied upon to withhold information and the 

number of times they were relied upon. For each request, report all 

statutes relied upon; however, count each statute only once per 

request. 

2. Provide a brief description of the types of information withheld under 

each statute. 

3.	 Indicate whether a court has upheld the use of the statute by providing 

a citation to a court decision. 

1 The Federal Election Commission does not have any component offices, therefore all data reported is 

for the agency as a whole. 
v. FOIA REQUESTS 

•	 For charts in Section V, include all "purported" FOIA requests, both perfected 

and non-perfected. Non-perfected requests are further reflected in various 

columns in Chart V, B (1) below. 

A.	 Received, Processed and Pending FOIA Requests 

1. Provide the numbers of received, processed, and pending requests as 

described in Columns 1 through 4. 

2. The number in Column 1 must match the number of "Requests Pending 

as of End of Fiscal Year" from last year's Annual FOIA Report. 

3. The sum of Columns 1 and 2 minus the number in Column 3 must 

equal the number in Column 4. 

Column 1 Column 2 Column 3 Column 4 

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 

AGENCY 

OVERALL 26 64 82 8 
B. (1) Disposition of FOIA Requests - All Processed Requests 

1.	 ProvIde the number of request dispositlions as described in the columns below. Select on

report each request 

2. Report a request in one of the Iilline "Full Deniall Based on Reasons Other than Exemptions

request cannot be counted in one of tne first three columns. 

3. The numbers jn the "Total" Column on the right must match the numbers in Section V, A, C

of Requests Prooessed in Fiscall Year"). 

Number 

of Full 

Grants 

Number of 

Full Denials
 

Based on
 

Exemptions
 

Number of Full Denials Based on Reasons Other than Ex

All Records 

Referred to 

Another 

Component 

or AClencv 

Improper 

FOIA 

Request 

for Other 

Reason 

FeeRelated 

Reason 

Records not 

Reasonably 

Described 

Not 

Agency 

Record 

No 

Records 

Request 

Withdrawn 

AGENCY 

OVERALL 16 29 1 27 1 8 0 0 0 0 

Number 

of 

Partial 

Grantsl 

Partial 

Denials 
B. (2) Disposition of FOIA Requests - "Other" Reasons for "Full Denials 

Based on Reasons Other than Exemptions" from Section V, B (1) 

Chart 

1. If you utilized the "Other" column in Section V, B (1), provide below 

descriptions of the "other" reasons for full denials and the number 

of times each reason was relied upon. (The numbers in the "Total" 

column must match the numbers in the "Other" column from 

Section V, B (1 ).) 

Component 

Description of "Other" 

Reasons for Denials from 

Chart B (1) & Number of Times 

Those Reasons Were Relied 

upon 

Description # 

TOTAL 

AGENCY OVERALL (0) 0 

B. (3) Disposition of FOIA Requests - Number of Times Exemptions Applied 

1. For each request, report all exemptions applied; however, count 

each exemption only once per request. Example: Given a request 

in which Exemption 2 applies to one portion of the request, 

Exemption 5 applies to three portions of the request, and 

Exemption 6 applies to eight portions of the request, count 

Exemptions 2, 5, and 6 once each. Do not count Exemption 5 three 

times and Exemption 6 eight times. 

Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. Ex. 

1 2 3 4 5 6 7(A) 7(8) 7(C) 7(0) 7(E) 7(F) 8 9 

AGENCY 

OVERALL 0 21 2 3 4 16 1 0 3 0 0 0 0 0 
VI.	 ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF 

FOIA REQUESTS 

•	 If more than one component in the agency adjudicates administrative 

appeals, provide information for each appellate component, as well as for the 

agency overall. 

A.	 Received, Processed and Pending Administrative Appeals 

1.	 Provide the number of administrative appeals received, processed, and 

pending as described in Columns 1 through 4. 

2. The sum of Columns 1 and 2 minus the number in Column 3 must equal 

the number in Column 4. 

3.	 Starting with Fiscal Year 2009, the number in Column 1 must match the 

number of "Appeals Pending as of End of Fiscal Year" from the previous 

year's Annual FOIA Report. 

Column 1 Column 2 Column 3 Column 4 

Number of Number of Number of Number of 

Appeals Pending Appeals Appeals Appeals 

as of Start of Received in Processed in Pending as of 

Fiscal Year Fiscal Year Fiscal Year End of Fiscal 

Year 

0	 1 0 1 
B. Disposition of Administrative Appeals - All Processed Appeals 

1. Provide the number of administrative appeal adjudications as described in 

the columns below. (The number in the "Total" column must match the 

number in Section VI, A, Column 3 ("Number of Appeals Processed in 

Fiscal Year"). 

a. In the "Number of Appeals Closed for Other Reasons" column, report 

the number of appeals which neither affirmed nor reversed/remanded 

(either entirely or partially) the FOIA request determination, but rather 

those which the agency closed for other reasons, (e.g., the request 

was in litigation, the appeal was a duplicate appeal, the appeal was 

premature, etc.) 

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 

0 0 0 0 0 

c. (1) Reasons for Denial on Appeal - Number of Times Exemptions Applied 

• Note: If an administrative appeal results in the denial of information 

based on exemptions and also based on a reason or reasons 

presented in Charts C (2) and C (3) below, report that appeal in all 

applicable charts. 

1. For each administrative appeal, report all exemptions applied; 

however, count each exemption only once per appeal. 

Ex. 

1 

Ex. 

2 

Ex. 

3 

Ex. 

4 

Ex. 

5 

Ex. 

6 

Ex. 

7(A) 

Ex. 

7(8) 

Ex. 

7(C) 

Ex. 

7(0) 

Ex. 

7(E) 

Ex. 

7(F) 

Ex. 

8 

Ex. 

9 

0 0 0 0 0 0 0 0 0 0 0 0 0 0 
C. (2) Reasons for Denial on Appeal - Reasons Other than Exemptions 

1. Provide the number of administrative appeals resulting in denial for reasons other than ex

the eleven columns below. 

A

B

Records So

Referred Improper De

at Initial Fee- Records not Request Not Duplicate Req

No Request Request Related Reasonably for Other Agency Request Request in Ex

Records Level Withdrawn Reason Described Reasons Record or Appeal Litigation Pro

0 0 0 0 0 0 0 0 0 

C.	 (3) Reasons for Denial on Appeal- "Other" Reasons from Section VI. C (2) Chart 

1.	 If you uti lized the "Other" col umn in Section VI, C (2), provide below descriptions of the "o

number of times each reason was relied upon. (The numbers in the "Total" column must 

"Other" column from Section VI, C (2).) 

Description of "Other" Reasons for 

Denial on Appeal. from Chart C (2) & 

Number of Times Those Reasons Were TOTAL 

Relied upon 

Description #	 0 
Median Number Average Number Lowest Number Highest Number 

of Days of Days of Days of Days 

0 0 0 0 

10th 

Oldest Old

Aooeal 9th 8th 7th 6th 5th 4th 3rd 2nd Aoo

, , 

Date of Receipt of 

Ten Date 

Oldest 

Appeals 0 0 0 0 0 0 0 0 0 07/2

Number of 

Days # 

Pending 0 0 0 0 0 0 0 0 0 4

C. (4) Response Time for Administrative Appeals 

1. Provide the median, average, and range in number of days to respond to administrative a

C. (5) Ten Oldest Pending Administrative Appeals 

1. Provide the dates of receipt of the ten oldest pending administrative appeals, and the num
VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS
 

•	 For charts in Section VII, include response times for only perfected requests. Begin counting days f

the perfected request. 

•	 If using a multi-track processing system, report response times separately for each track, (as exemp

Section). If not using a multi-track processing system, at a minimum, report separately requests whi

expedited processing. 

•	 Note: Chart A must reflect the response times for all processed perfected requests. Chart B is a sub

reflect the response times only for those perfected requests in which information was granted, eithe

A. Processed Requests - Response Time for All Processed Perfected Requests 

1.	 Provide the median, average and range in number of days to process all perfected requests. 

SIMPLE	 COMPLEX EXPED

Median Average Lowest Highest Median Average Lowest Highest Median A

Number Number Number Number Number Number Number Number Number N

of Days of Days of Days of Days of Days of Days of Days of Days of Days o

AGENCY 

OVERALL 41 62.1 3 399 0 0 0 0 212 
B. Processed Requests - Response Time for Perfected Requests in Which Information Was Granted 

1. Provide the median, average and range in number of days to process all perfected requests in w

granted. ("Granted" refers to full grants and partial grants.) 

SlMPLE COMPLEX EXPED

Median Average Lowest Highest Median Average Lowest Highest Median A

Number Number Number Number Number Number Number Number Number N

of Days of Days of Days of Days of Days of Days of Days of Days of Days o

AGENCY 

OVERALL 43.5 68.9 3 399 a a a a 212 
C.	 Processed Requests - Response Time in Day Increments 

1.	 Provide the number of perfected requests processed in each of the thirteen designated time inc

number of requests processed within 20 days in the first column, the number processed within 

column, etc.) 

a.	 If using a multi-track system, create separate charts as presented below to report the informa

using a multi-track system, at a minimum create a separate chart for requests which have beprocessing. 

b.	 Insert the sum of the thirteen columns in the ''Total'' column to reflect the total number of requ

the tracks. 

Simple Requests 

1-20 21-40 41-60 61-80 81-100 101-120 121-140 141-160 161-180 181-200 201-30

Days Days Days Days Days Days Days Days Days Days Days 

AGENCY 

OVERALL 25 13 9 12 5 11 5 1 1 a 3 
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 

201-30

Days 

AGENCY 

OVERALL 0 1 1 0 0 0 0 0 0 0 2 

Requests Granted Expedited Processing 
D. Pending Requests - All Pending Perfected Requests 

1. Provide the number of perfected requests pending as of the end of the 

fiscal year, and the median and average number of days those requests 

had been pending. If an agency is unable to determine whether all of its 

pending requests are perfected, the agency must include all pending 

requests and include a footnote that it has d.one so. 

Number 

Pending 

SIMPLE 

Median 

Number 

of Day:s 

Average 

Number 

of Days 

Number 

Pending 

COMPLEX 

Median 

Number 

of Days 

Average 

Number 

of Days 

EXPEDITED 

PROCESSING 

Median 

Number 

of Davs 

Average 

Number 

of Days 

Number 

Pending 

AGENCY 

OVERALL 7 210 175.8 1 17 17 0 0 0 
E.	 Pending Requests - Ten Oldest Pending Perfected Requests 

1.	 Provide the dates of receipt of tne ten oldest perfected requests pending 

as of the end of the fiscal year, and the number of days those requests 

had been pend'ing. 

10m 

Oldest	 

Request	 

and 

Number	 

of Days	 

Pending	 

Oldest 

Request 

and 

Number 

of Days 

Pending 

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

Date 

0 0 9/15/08 915/08 8/27/08 5/28/08 11128107 9/19/07 9110/07 3129/07 

Agency 

Overall 

Number 

of Days 

0 0 11 17 23 87 210 257 264 379 
VIII.	 REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE 

WAIVER 

•	 Section VIII now reflects new mandatory reporting requirements and is no 

longer an optional Section. 

•	 Provide information for adjudicated requests for expedited processing or 

adjudicated requests for a fee waiver, i.e., requests for expedited processing 

or requests for a fee waiver which were granted or denied. Do not include 

requests for expedited processing or requests for a fee waiver which became 

moot for various reasons and, as a result, were neither granted nor denied. 

A.	 Requests for Expedited Processing 

1. Include requests for expedited processing made both at the initial request 

level and, when applicable, at the administrative appeal level. 

2.	 Calculating days: Count calendar days starting from the day you receive 

the request for expedited processing through the day you provide notice to 

the requester of your determination to grant or deny the request for 

expedited processing. 

3.	 Note: The response time portion of this new reporting requirement captures 

the time taken to decide whether to grant or deny a request for expedited 

processing. This does not cover the FOIA requests which have already 

been granted expedited status, placed in the "expedited processing" track, 

and reported elsewhere in this Report. Rather, this new requirement 

reflects the time taken to make a determination (i.e., adjudicate) whether a 

request for expedited processing should be granted or denied. The FOIA 

requires agencies to determine within ten calendar days whether a 

request satisfies the standards for expedited processing. 

Number 

Median Average Adjudicated 

Number Number Number of Number of Within Ten 

Granted Denied Days to Days to Calendar 

Adjudicate Adjudicate Days 

AGENCY 

OVERALL 5 1 8 14.3 5 
B. Requests for Fee Waiver 

1. Include requests for a waiver of fees made both at the initial request level 

and, when applicable, at the administrative appeal level. 

2.	 Calculating days: Unlike requests for expedited processing, the period of 

time to adjudicate a fee waiver request does not necessarily begin with 

receipt of the fee waiver request itself, nor does it necessarily conclude 

with a separate letter sent to the requester. As a result, count each 

working day spent considering whether to grant or deny the request for a 

fee waiver. Do not include additional days that may precede consideration 

of the fee waiver request, e.g., days the request waits in a processing 

queue, processing time which precedes commencement of the 

adjudication of the fee waiver request, etc., or any days that succeed the 

adjudication, such as days spent processing the request after the 

adjudication is made, etc. (Accordingly, establish a tracking procedure that 

captures the distinct number of days taken to adjudicate a fee waiver 

request.) 

Median Average 

Number Number Number of Number of 

Granted Denied Days to Days to 

Adjudicate Adjudicate 

AGENCY 

OVERALL 0 0 0 0 
IX. FOIA PERSONNEL AND COSTS 

•	 Provide the number of "Full-Time FOIA Staff" by adding the number of "FullTime FOIA EmplQyees" and the number of "EquiiValent Full-Time FOIA 

Employees," as described below. Also provide costs expended by the agency 

both for processing and litiga,ting FOIA requests., 

A.	 Personnel 

1. A "full-time FOIA emp~oyee" is a full-time employee who performs FOIA 

duties 100% of the time. The number of such employees should be 

reported in Column 1 of the chart below. 

2.	 An "equivalent full-time FOJA employee" is created by adding together the 

percentages of time dedicated ta FOIA duties by employees performing 

less than fulHime FOIA duties. Each time 100% is reached, the time 

expended is counted as one "equivalent full-time FOIA employee." The 

number of such "equivalent" employees should be reported in Column 2 of 

the chart below. 

3.	 Employees performing tess than full-time fOIA duties are either a) parttime empfoyees who perform FOIA duties all, or part, of the time, or b) fulltime employees who perform FOIA duties I,ess than 100% of the time. 

4. The following examples illustrate how to calculate the number of 

"equivalent full-time F01A employees." 

a.	 Example #1: Assume three full~time employees with part-time or 

occasional FOIA duties. If 'Employee #1 performs FOIA duties 50% of 

the time, and Employees #2 and #3 each perform FOIA duties 25% of 

the time, together they perform 100% (50+25+25) FOIA duties. 

Therefore, the FOIA duties of these three employees are the 

equiivalent of 1 "full-time FOIA employee," because a "full-time FOIA 

employee" is equal to 100%. This component would rreport "1" in 

Column 2 of the chart below. 

b.	 Example #2: Assume six full-time employees with part-time or 

occasiornal FOIA duties. If Employees #1, #2, #3 and #4 each perform 

FOIA duties 50% of tine time, Employee #5 performs FOIA duties 75% 

of the time, and Employee #6 perfiorms IFOIA duties 10% of the time, 

together they perform 285% (50x4 of 75+10) FOtA duties. Because a 

"fuJI-time FOIA employee" is equal to 1'00%, the FOIA duties of these 

six employees are the equivalent of 2.8,5 "full-time FOIA employees." 

This component would report "2.85" in Column 2 of the chart below. 
c.	 Example #3: Assume Employee #1 is a part-time employee who works 

twenty hours/week and performs FOIA duties half of his time. As a 

part-time employee who works twenty hours/week, the most FOIA 

work Employee #1 could perform is 50%. Because Employee #1 

performs FOIA duties only half of his already part-time schedule, he 

performs 25% FOIA duties (i.e., half of the 50% maximum). Assume 

Employee #2 is a part-time employee who works thirty-two hours/week 

and performs FOIA duties all of her time. As a part-time employee who 

works thirty-two hourslweek, the most FOIA work Employee #2 could 

perform is 80%. Because Employee #2 performs FOIA duties all of her 

time, she performs 80% FOIA duties. Together, the two employees 

perform 105% (25+80) FOIA duties. Therefore, their combined FOIA 

duties are the equivalent of 1.05 "full-time FOIA employees," and this 

component would report "1.05" in Column 2 of the chart below. 

B.	 Costs 

1. Processing Costs: Add together all costs expended by the agency for 

processing FOIA requests at the initial request and administrative appeal 

levels. Include salaries of FOIA personnel, overhead, and any other 

FOIA-related expenses. (An agency's bUdget will often be a useful 

resource for this information.) 

2.	 Litigation Costs: Add together all costs expended by the agency in litigating 

FOIA requests. Include salaries of personnel involved in FOIA litigation, 

litigation overhead, and any other FOIA litigation-related expenses. (As 

with Processing Costs, an agency's budget will often be a useful resource 

for this information.) 

Column 1 Column 2 

PERSONNEL	 COSTS 

Total 

Number of 

"Full-Time 

FOIA Staff" 

(The sum of 

Columns 

1 &2) 

Processing 

Costs 

(At initial 

request and 

appeal 

levels) 

Number of 

"Equivalent 

Full-Time 

FOIA 

Employees" 

Number of 

"Full-Time 

FOIA 

Employees" 

LitigationRelated 

Costs 

Total 

Costs 

AGENCY 

OVERALL 0 1 1 $81,870 0 $81,870 
X. FEES COLLECTED FOR PROCESSING REQUESTS
 

•	 Report the dollar amount of fees collected frr;om fOIA requesters for 

processing their requests. Also report the percentage of total processing 

costs (from the "Processing Costs" column in the Section IX chart) that those 

fees represent. In calculating the amount of fees collected, include fees 

received from a FOIA requester for search, review, document duplication, and 

any other direct costs permitted by agency regulations. 

Total Amount of Fees Percentage of Total Costs 

Collected 

AGENCY OVERALL 0 0 

XI. FOIA REGULATIONS 

•	 Agencies must provide an electronic link to their FOIA regulations, including 

their fee schedule. 

PUBLIC RECORDS AND THE FREEDOM OF INFORMATION ACT
 

11 CFR 4.1 Definitions.
 

11 CFR 4.2 Policy on disclosure of records.
 

11 CFR 4.3 Scope. 

11 CFR 4.4 Availability of records.
 

11 CFR 4.5 Categories of exemptions.
 

11 CFR 4.6 Discretionary release of exempt records.
 

11 CFR 4.7 Requests for records.
 

11 CFR 4.8 Appeal of deniaL
 

11 CFR 4.9 Fees. 
XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS 

A.	 Backlogs of FOIA Requests and Administrative Appeals 

1.	 Provide below the number of FOIA requests and administrative appeals 

that were pending beyond the statutory time period as of the end of the 

fiscal year. (Such requests and appeals are considered "backlogged .") 

2.	 Note: The statutory time period is ordinarily twenty working days from 

receipt of a perfected request, see 5 U.S.C. § 552(a)(6)(A)(i), but may be 

extended up to ten additional working days when "unusual circumstances" 

are present, see id. § 552(a)(6)(B)(i). 

Number of Backlogged Number of Backlogged
 

Requests as of End of Appeals as of End of
 

Fiscal Year Fiscal Year
 

AGENCY OVERALL 6	 1 

3.	 Discuss/explain the backlog here (optional). 
B.	 Consultations on FOIA Requests - Received, Processed, and Pending 

Consultations 

•	 The consultation portions of the Annual Report require information about 

consultations received from other agencies, not sent to other agencies. 

1.	 Provide the number of consultations received from other agencies, those 

processed, and those pending as described in Columns 1 through 4. 

2. The number in Column 1 must match the number of "Consultations 

Received from Other Agencies That Were Pending at Your Agency as of 

End of the Fiscal Year" from last year's Annual Report. 

3. The sum of Columns 1 and 2 minus the number in Column 3 must equal 

number in Column 4. 

Column 1 Column 2 Column 3 Column 4 

I Number of 

Number of Consultations Number of 

Consultations Received from Consultations 

Received from Other Received from 

Other Agencies Number of Agencies that Other 

that Were Consultation Were Agencies that 

Pending at Your Received from Processed by Were Pending 

Agency as of Other Agencies Your Agency at Your Agency 

Start of the During the During the as of End of 

Fiscal Year Fiscal Year Fiscal Year the Fiscal Year 

AGENCY 

OVERALL 0 I 0 0 0
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. 

10m Oldest Oldest 

ConsuItation Consultation 

and Number and Number 

of Days of Days 

Pendina 9th 8th 7th 6th 5th 4th 3rd 2nd Pending 

Date 

0 

Agency 

Overall Number of 

Days 

0 0 0 0 0 0 0 0 0 0 
D. Comparison of Numbers of Requests from Previous and Current Annual 

Report - Requests Received, Processed, and Backlogged 

1.	 Provide the number of requests received and the number of requests 

processed during the fiscal year from fast year's Annual Report and the 

number of those received and processed during the fiscal year from the 

current Annual Report. 

2. The numbers in Columns 1 and 2 must match the "Number of Requests 

Received in Fiscal Year" from Section V, A of the Annual Report from last 

year and from this year respectively. The numbers in Columns 3 and 4 

must match the "Number of Requests Processed in Fiscal Year" from 

Section V, A of the Annual Report from last year and from this year 

respectiveIy. 

Column 1 Column 2 Column 3 Column 4 

I 

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 

Yea.r's Annual 

Report 

Number 

Processed 

During Fiscal 

Year from 

Current Annual 

Report 

AGENCY 

OVERALL 85 64 63 82 
3.	 Starting with the Annual Report for Fiscal Year 2009, provide the number of 

backlogged requests as of the end of the fiscal year from the previous 

Annual Report and the number of backlogged requests as of the end of 

the fiscal year from the current Annual Report. 

a.	 The numbers in Columns 1 and 2 must match the "Number of 

Backlogged Requests as of End of Fiscal Year" from Section XII, A of 

the previous Annual Report and of the current Annual Report 

respectively. 

Column 1 Column 2
 

Number of Backlogged I Number of Backlogged
 

Requests as of End of the Requests as of End of the
 

Fiscal Year from Previous Fiscal Year from Current
 

Annual Report Annual Report
 

AGENCY OVERALL 10	 6 
Column 1 Column 2 Column 3 Column 4 

NUMBER OF APPEALS NUMBER OF APPEALS 

RECEIVED PROCESSED 

Number Number Number Number
 

Received Received Processed Processed
 

During Fiscal During Fiscal During Fiscal During Fiscal
 

Year from Last Year from Year from Last Year from 

Year's Annual Current Annual Year's Annual Current Annual 

Report Report Report Report 

AGENCY 

OVERALL 1 1 1 0 

E.	 Comparison of Numbers of Administrative Appeals from Previous and Current 

Annual Report - Appeals Received, Processed, and Backlogged 

1. Provide the number of administrative appeals received and the number of 

administrative appeals pliOcessed during the fiscal year from last year's 

Annual Report and the number of those received and processed during 

the fiscall year from the current Annual Report. 

2. The numbers in Columns 1 and 2 must match the "Number of 

Administrative Appeals Received in Fiscal Year" from Section VI, A of the 

Annual Report from last year and from this year respectively. The 

IiH..lmbers ill Columns 3 and 4 must match the "Number of Administrative 

Appeals Processed in Fi,scal Year" from Section VI, A of tine Annual 

Report from last year and from this year respectively. 
3. Starting with the Annual Report for Fiscal Year 2009, provide the number 

of backlogged administrative appeals as of the end of the fiscal year from 

the previous Annual Report and the number of backlogged administrative 

appeals as of the end of the fiscal year from the current Annual Report. 

a. The numbers in Columns 1 and 2 must match the "Number of 

Backlogged Appeals as of End of Fiscal Year" from Section XII, A of 

the previous Annual Report and of the current Annual Report 

respectively. 

Column 1 Column 2 

Number of Backlogged Number of Backlogged 

Appeals as of End of the Appeals as of End of the 

Fiscal Year from Previous . Fiscall Year from Current 

Annual Report Annual Report 

AGENCY OVERALL 0 1 

F. Discussion of Other FOIA Activities (Optional) 

1. Provide here any further information about the agency's efforts to improve 

FOIA administration.