**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.

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

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

**FOIA REQUESTS**

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

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

**BASED ON REASONS OTHER THAN EXEMPTIONS"**

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

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

**-- RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS**

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

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

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

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

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

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

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

**VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS**

**IN WHICH INFORMATION WAS GRANTED**

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

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

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

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

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

**VIII.A. REQUESTS FOR EXPEDITED PROCESSING**

**VIII.B. REQUESTS FOR FEE WAIVER**

**XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED,**

**AND PENDING CONSULTATIONS**

**XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PENDING AT THE AGENCY**

**XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS**

**AND CURRENT ANNUAL REPORT -- REQUESTS RECEIVED AND PROCESSED**

**XII.D.(2). COMPARISON OF NUMBERS OF**

**REQUESTS FROM PREVIOUS AND**

**CURRENT ANNUAL REPORT – BACKLOGGED**

**REQUESTS**

**XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM**

**PREVIOUS AND CURRENT ANNUAL REPORT -- APPEALS RECEIVED AND PROCESSED**

**XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM**

**PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS**

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

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