Federal Mediation and Conciliation Service 

FY 2017 Freedom of Information Act Annual Report

Section I: Basic Information Regarding Report 

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

about the Report.

Michael J. Bartlett

Chief FOIA Officer

Federal Mediation and Conciliation Service

250 E Street, SW, 7th Floor

Washington, DC 20427

Phone: (202) 606-5444

mbartlett@fmcs.gov

2. Provide an electronic link for access to the Report on the Agency web site.

An electronic link to the Report appears on the web site at www.fmcs.gov/foia.

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 at the address above 

or download a copy from the Internet site noted above. 

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, mail or fax. 

foia@fmcs.gov

Federal Mediation and Conciliation Service

Attn: FOIA Officer

250 E Street, SW, 7th Floor

Washington, DC 20427 

Phone: (202) 606-5444 

Fax: (202) 606-5345 

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 4 has been applied to withhold confidential business information. 

Exemption 5 has been applied to withhold intra-agency communications that are protected by 

legal privileges, such as attorney-client privilege. 
Exemption 6 has been applied to personal information such as a person’s social security 

number, address, phone number, age, date of birth, race, ethnicity, marital status, disability, 

education level, photographs, 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 FMCS FOIA regulations, 29 CFR 1401.20-1401.36, appears on the web site at 

www.fmcs.gov/foia.

Section III: 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 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. 

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-U.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 firstparty 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.) 

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.

a. 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. 

b. 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.

c. 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 action in all respects. 

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. 

Processed Request or Processed Administrative Appeal – a request or 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 

twenty 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 those 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 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 

Exemption 8: information relating to the supervision of financial institutions 

Exemption 9: geological information on wells

3. Agency Component Abbreviations

Component Abbreviation Component Name
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

0
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

FMCS 2 80 56 26

0

AGENCY OVERALL 2 80 56 26
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

FMCS 18 12 1 20 1 1 0 0 0 3 0 0 56

0

AGENCY 

OVERALL 18 12 1 20 1 1 0 0 0 3 0 0 56
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

FMCS N/A 0

0

AGENCY 

OVERALL 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

FMCS 0 0 0 1 1 10 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 1 1 10 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

FMCS 0 2 2 0

0

AGENCY OVERALL 0 2 2 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

FMCS 2 0 0 0 2

0

AGENCY OVERALL 2 0 0 0 2
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

FMCS 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

FMCS 2 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 2 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

FMCS N/A 0

0

AGENCY 

OVERALL 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

AGENCY OVERALL 18.00 18.00 16.00 19.00
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

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

Appeal

Date of Appeal

Number of Days 

Pending

AGENCY 

OVERALL

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A2017-06-162017-04-10

Number of Days 

Pending 0 0 0 0 0 0 0 0 16 19
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

AGENCY 

OVERALL 15 32 <1 214 157 145 101 157 6 6 4 9
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 25 42 <1 214 157 145 101 157 6 6 4 9
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

FMCS 26 9 8 2 0 0 0 0 2 0 1 0 0 48

0

AGENCY 

OVERALL 26 9 8 2 0 0 0 0 2 0 1 0 0 48
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

FMCS 0 0 0 0 0 1 0 5 0 0 0 0 0 6

0

AGENCY 

OVERALL 0 0 0 0 0 1 0 5 0 0 0 0 0 6
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

FMCS 2 0 0 0 0 0 0 0 0 0 0 0 0 2

0

AGENCY 

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

AGENCY OVERALL 22 21 21 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

Date of Receipt

Number of Days 

Pending

AGENCY 

OVERALL

Date of Receipt 2017-05-162017-04-212017-04-092017-04-062017-03-132017-02-282017-01-232017-01-132016-11-012016-10-14

Number of Days 

Pending 193 210 219 221 239 248 273 278 327 339
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

AGENCY 

OVERALL 2 0 7 7 2
VIII.B. REQUESTS FOR FEE WAIVER

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

AGENCY 

OVERALL 0 0 N/A N/A
IX. FOIA PERSONNEL AND COSTS

Agency / 

Component

PERSONNEL COSTS

Number of "FullTime FOIA 

Employees"

Number of 

"Equivalent FullTime FOIA 

Employees"

Total Number of 

"Full-Time FOIA 

Staff"

Processing Costs Litigation-Related 

Costs Total Costs

FMCS 1 0 1 $75,000.00 $0.00 $75,000.00

0 $0.00

AGENCY 

OVERALL 1 0 1 $75,000.00 $0.00 $75,000.00
X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / Component Total Amount of Fees 

Collected

Percentage of Total 

Costs

FMCS $0.00 0.00%

AGENCY OVERALL $0.00 0.00%
XI.A. NUMBER OF TIMES SUBSECTION USED

Agency / Component Number of Times Subsection Used

FMCS 0

AGENCY OVERALL 0
XI.B. NUMBER OF SUBSECTION POSTINGS

Agency / Component

Number of Records 

Posted by the FOIA 

Office

Number of Records 

Posted by Program 

Offices

FMCS 0 11,240

AGENCY OVERALL 0 11,240
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

FMCS 22 0

AGENCY OVERALL 22 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

FMCS 0 1 1 0

0

AGENCY OVERALL 0 1 1 0
XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES 

AND PENDING AT THE AGENCY

Agency / 

Component

10th Oldest 

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

Date

Number of Days

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

FMCS 58 80 62 56

AGENCY OVERALL 58 80 62 56
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

FMCS 2 22

AGENCY OVERALL 2 22
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

FMCS 0 2 0 2

AGENCY OVERALL 0 2 0 2
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

FMCS 0 0

AGENCY OVERALL 0 0