National Council on Disability

An independent federal agency making recommendations to the President and Congress 

to enhance the quality of life for all Americans with disabilities and their families.

1331 F Street, NW ■ Suite 850 ■ Washington, DC 20004

202-272-2004 Voice ■ 202-272-2022 Fax ■ www.ncd.gov

National Council on Disability

FY 2016 Freedom of Information Act Annual Report

Section I: Basic Information Regarding Report

1. Provide name, title, address, and telephone number of person to be contacted with 

questions about the Report.

Joan Durocher

Chief FOIA Officer

National Council on Disability

1331 F St. NW., Suite 850

Washington DC 20004

Phone: 202-272-2004

jdurocher@NCD.gov

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

An electronic link to the Report appears on NCD’s website at:

http://www.ncd.gov/FOIA/FOIA-annual-reports.

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

To obtain a paper copy of this Report, please contact the Chief FOIA Officer, contact 

information provided above, or download and print a copy at:

http://www.ncd.gov/FOIA/FOIA-annual-reports.

Section II: Making a FOIA Request

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

components that receive FOIA requests.

FOIA requests should be sent in writing by email or mail.

FOIA Officer

National Council on Disability

1331 F St. NW., Suite 850

Washington DC 20004

email: FOIA@ncd.gov

phone: 202-272-2008
2. 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.

Portions of some requests are withheld for the following reasons:

Exemption 5 has been applied to withhold intra-agency communications which covers 

“predecisional” materials written as part of the decision-making process in federal 

agencies. 

Exemption 6 has been applied to personal information such as Social Security number, 

address, phone number, date of birth, marital status, disability, and/or other information 

that would result in an unwarranted invasion of privacy.

3. Provide a functional electronic link to agency FOIA regulations, including the 

agency’s fee schedule.

A link to the NCD FOIA regulations, 5 CFR 10000, appears on the website at 

http://www.ncd.gov/FOIA/NCD-FOIA-regulation.

III. Section 3: Acronyms, Definitions and Exemptions

1. Definitions of terms used in this Report:

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.

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.

Backlog- the number of requests for 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.

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.

Consultation- the procedure whereby the agency responding to a FOIA request first 

forwards a record to another agency or component within the same 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 or component within the same agency that forwarded it. That agency, in turn, 

will then respond to the FOIA requester.

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.

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-US 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 “system 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.)

Full Grant- an agency decision to disclose all records in full in response to a FOIA 

request.

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.

Median Number- the middle, not average, number. For example, of 3, 7, and 14, the 

median number is 7.

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.

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.

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.
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.

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.

Pending Request or Pending Administrative Appeal- a request or administrative 

appeal for which an agency has not taken final actions in all respects.

Perfected Request- a request for records which reasonably describe such records and 

is made in accordance with published rules stating the time, place, fees (if any) and 

procedures to be followed.

Processed Request or Processed Administrative Appeal-a request for 

administrative appeal for which an agency has taken final action in all respects.

Range in Number of Days- the lowest and highest number of days to process requests 

or administrative appeals.

Time Limits-the time period in the statute for an agency to respond to a FOIA request 

(ordinarily 20 working days from receipt of a perfected FOIA request).

2. Descriptions of the nine FOIA exemptions:

Exemption 1: classified national defense and foreign relations information

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

practices of an agency

Exemption 3: information that is prohibited from disclosure by another federal law

Exemption 4: trade secrets and other confidential business information

Exemption 5: inter-agency or intra-agency communications that are protected by legal 

privileges

Exemption 6: information involving matters of personal privacy

Exemption 7: records or information compiled for law enforcement purposes, to the 

extent that the production of these 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 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

Exemption 8: information relating to the supervision of financial institutions

Exemption 9: geological information on wells

3. Agency Component Abbreviations

Component Abbreviation Component Name
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

N/A N/A N/A NCD00
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

NCD 0 1 1 0

AGENCY 

OVERALL 0 1 1 0
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

Other 

*Explain 

in Chart 

Below

TOTAL

NCD 1 0 0 0 0 0 0 0 0 0 0 0 1

AGENCY 

OVERALL 1 0 0 0 0 0 0 0 0 0 0 0 1
V.B. (2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS 

BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / Component Description of "Other" Reasons for Denials from Chart B (1)

Number of 

Times "Other" 

Reason Was 

Relied Upon

TOTAL

NCD N/A 0 0

AGENCY OVERALL N/A 0 0
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

NCD 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
VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS 

-- RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE 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

NCD 0 0 0 0

AGENCY OVERALL 0 0 0 0
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

NCD 0 0 0 0 0

AGENCY OVERALL 0 0 0 0 0
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

NCD 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
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

Appeal 

Based 

Solely on 

Denial of 

Request 

for 

Expedited 

Processing

Other 

*Explain 

in chart 

below

NCD 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

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

NCD N/A 0 0

AGENCY OVERALL N/A 0 0
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

NCD 0.00 0.00 0.00 0.00

AGENCY 

OVERALL 0.00 0.00 0.00 0.00
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

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

Appeal

NCD

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

Number of Days 

Pending0000000000

AGENCY 

OVERALL

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

Number of Days 

Pending0000000000
VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / 

Component

SIMPLE COMPLEX EXPEDITED PROCESSING

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

Lowest

Number 

of Days

Highest 

Number 

of Days

NCD 10 10 10 10 N/A N/A N/A N/A N/A N/A N/A N/A

AGENCY 

OVERALL 10 10 10 10 N/A N/A N/A N/A N/A N/A N/A N/A
VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS 

IN WHICH INFORMATION WAS GRANTED

Agency / Component

SIMPLE COMPLEX EXPEDITED PROCESSING

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

Lowest 

Number 

of Days

Highest 

Number 

of Days

AGENCY OVERALL 10 10 10 10 N/A N/A N/A N/A N/A N/A N/A N/A

AGENCY OVERALL 10 10 10 10 N/A N/A N/A N/A N/A N/A N/A N/A
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

NCD 1 0 0 0 0 0 0 0 0 0 0 0 0 1

AGENCY 

OVERALL 1 0 0 0 0 0 0 0 0 0 0 0 0 1
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

NCD 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
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

NCD 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
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

NCD 0 N/A N/A 0 N/A N/A 0 N/A N/A

AGENCY OVERALL 0 N/A N/A 0 N/A N/A 0 N/A N/A
VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / 

Component

10th 

Oldest 

Request

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

Request

NCD

Date of Receipt N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL

Date of Receipt N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 0
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

NCD 0 0 N/A N/A 0

AGENCY 

OVERALL 0 0 N/A N/A 0
VIII.B. REQUESTS FOR FEE WAIVER

Agency / 

Component

Number 

Granted

Number 

Denied

Median 

Number of 

Days to 

Adjudicate

Average 

Number of 

Days to 

Adjudicate

NCD 1 0 N/A N/A

AGENCY 

OVERALL 1 0 N/A N/A
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 "Full-Time 

FOIA Staff"

Processing 

Costs

LitigationRelated Costs Total Costs

NCD 0 0.04 0.04 $2,960.00 $0.00 $2,960.00

AGENCY 

OVERALL 0 0.04 0.04 $2,960.00 $0.00 $2,960.00
X. FEES COLLECTED FOR PROCESSING

REQUESTS

Agency / 

Component

Total Amount of 

Fees Collected

Percentage of Total 

Costs

NCD $0.00 0.00%

AGENCY 

OVERALL $0.00 0.00%
XI.A. NUMBER OF TIMES SUBSECTION (C) USED

Agency / Component Number of Times Subsection (C) Used

NCD 0

AGENCY OVERALL 0
XI.B. NUMBER OF SUBSECTION (A)(2) POSTINGS

Agency / 

Component Number of (a)(2) Records Posted by the FOIA Office

Number of 

(a)(2) 

Records 

Posted by 

Program 

Offices

NCD0 34

AGENCY 

OVERALL0 34
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

NCD 0 0

AGENCY 

OVERALL 0 0
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

NCD 0 0 0 0

AGENCY 

OVERALL 0 0 0 0
XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM 

OTHER AGENCIES AND PENDING AT THE AGENCY

Agency / 

Component

10th Oldest 

Consultation9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation

NCD

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

Number of Days 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL

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

Number of Days 0 0 0 0 0 0 0 0 0 0
XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS 

AND CURRENT ANNUAL REPORT -- REQUESTS RECEIVED AND 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

NCD 0 1 0 1

AGENCY 

OVERALL 0 1 0 1
XII.D.(2). COMPARISON OF NUMBERS OF 

REQUESTS FROM PREVIOUS AND 

CURRENT ANNUAL REPORT – BACKLOGGED

REQUESTS

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

NCD 0 0

AGENCY OVERALL 0 0
XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM 

PREVIOUS AND CURRENT ANNUAL REPORT -- APPEALS RECEIVED 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

NCD 0 0 0 0

AGENCY OVERALL 0 0 0 0
XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM 

PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS

Agency / Component

Number of Backlogged 

Appeals as of End of the Fiscal 

Year from Previous Annual 

Report

Number of Backlogged 

Appeals as of End of the Fiscal 

Year from Current Annual 

Report

NCD 0 0