Vil.c. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / <1-20 | 21-40 | 41-60 | 61-80 | 81-100 |101-120]121-140] 141-160] 161-180] 181-200|201-300/301-400] 4071+ TOTAL
Component Days Days | Days | Days | Days | Days | Days | Days | Days Days | Days | Days | Days
FMCS 26 g 8 2 0 0 0 oq 2 0 1 0 48)
0
AGENCY
OVERALL 26) 9 8 2 O 0 i? 0 2 q 1 oO 48)



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

AGENCY OVERALL



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

Appeal
Based
Records
Records | Improper Solelyon | Other
Agency / No Referred a Request Phas d not Request An Me vplicale Request in Denial of |*Explain in
Component Records Request Withdrawn Reason [Reasonably for Other _ if A ai Litigation | Request chart
tel s Described | Reasons on Pst for below
Expedited
Processing
FMCS 2 0 0 0 oO} 0 ie) 0} 0 0 oO
AGENCY
OVERALL 2 0} 0} 0} 0} 0} 0 0} 0 ie) Qj



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

Agency / 10th Oldest Oldest
Component Request 9th 8th 7th 6th 5th 4th 3rd 2nd Request
Date of Receipt
Number of Days
Pending
AGENCY Date of Receipt /2017-05-16/2017-04-21|2017-04-09|2017-04-062017-03-132017-02-282017-01-231201 7-01-13/2016-11-01/2016-10-14|
OVERALL Number of Days
Pending 193) 210) 219) 221| 239) 248 273) 278 327| 339}



3. Agency Component Abbreviations

Component Abbreviation

Component Name



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

Number of Backlogged | 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

IFFMCS 2 22)

Agency / Component

AGENCY OVERALL 2 22)



Vil.c. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency /

<1-20

21-40 | 41-60 | 61-80 | 81-100 ]101-120]121-140] 141-160] 161-180] 181-200|201-300]301-400| 401+ TOTAL
Component Days | Days | Days | Days | Days | Days | Days | Days Days | Days | Days | Days | Days
FMCS 0 0 0} 0 0 4 0 5 0 0 0 0} 6
0
AGENCY
OVERALL i?) 0 ie) 0 ie} 1 ie) 5 ie) i? 0 te) §



IX. FOIA PERSONNEL AND COSTS

PERSONNEL COSTS
Agency / Number of "Full- "E Meet OL Total Number of
Component Time FOIA pte FOIA "Full-Time FOIA | Processing Costs Total Costs
Employees Employees" Staff
FMCS 4 0 4 $75,000.00, $0.00 $75,000.00)
0 $0.00)
AGENCY
OVERALL 1 ie | $75,000.00) $0.00} $75,000.00



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

SIMPLE COMPLEX EXPEDITED PROCESSING
Agency / Component Median Average Median Average Median Average
ale pauper Number of | Number of Number Number of | Number of Sumber Number of | Number of
9 Days Days 9 Days Days 9 Days Days
AGENCY OVERALL 2 21 21 N/A\ N/A NIA N/AI



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

IFMCS

2

2

AGENCY OVERALL



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

SIMPLE COMPLEX EXPEDITED PROCESSING
Agency / Median | Average | Lowest | Highest | Median | Average | Lowest Highest | Median | Average | Lowest | Highest
Component | Number | Number | Number | Number | Number | Number | Number Number | Number | Number | Number | Number
of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days
AGENCY
OVERALL 15 32) <1 214 157| 14 101, 157 6 g 4 9g



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

Agency /

Component | EX 1 | EX2 | Ex.3 | Ex4 | Ex.S | Ex.6 |Ex. 7(A)/Ex. 7(B)|Ex. 7(C)|Ex. 7(D)] Ex. 7(E)|Ex. 7(F)| Ex.8 | Ex.9
IFMCS 10 9 0 0} oO 0 0)

AGENCY

OVERALL 10) q 0 ie) fe ie 0



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

Sonmaten! Goneutaton oth 8th my Sth Sih ath ord end \Coneatntion
Date
Number of Days
AGENCY Date N/IA\ 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



XI.B. NUMBER OF SUBSECTION POSTINGS

Number of Records Number of Records
Agency / Component | Posted by the FOIA Posted by Program
Office Offices
FMCS 11,240)
AGENCY OVERALL 11,240)



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

Number of - Number of Number of Number of
Requests Requests Requests Requests
Agency / Component tne of Received Processed Pending as of End|

of Fiscal Year in Fiscal Year in Fiscal Year of Fiscal Year

FMCS 2 80) 56 26)

0
AGENCY OVERALL 2 80) 56} 26



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



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

SIMPLE COMPLEX EXPEDITED PROCESSING

Agency / Median | Average | Lowest | Highest | Median | Average | Lowest | Highest | Median Average | Lowest | Highest
Component | Number | Number | Number | Number | Number | Number | Number | Number | Number | Number Number | Number
of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days | of Days

AGENCY
OVERALL 25) 42) <1 214 157 145) 101 157 § 6 4 9



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

BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / Number of Times
gency Description of "Other" Reasons for Denials from Chart B(1) "Other" Reason TOTAL
Component
Was Relied Upon
FMCS IN/A 0
AGENCY

OVERALL



Vill.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / Median Number off Average Number Rune d
Number Granted | Number Denied Days to of Days to Fess
Component Adjudicate Adjudicate within Ten
Calendar Days
AGENCY
OVERALL 2 0 7| 7



Federal Mediation and Conciliation Service
FY 2016 Freedom of Information Act Annual Report

Section |: 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, 7 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
https://www.fmcs.gov/resources/documents-and-data/.

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 Il: 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, 7 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.


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

Number Part Number Completely Number of Appeals
Agency / Component Number Affirmed on Amimed Sra [Reversed/Remanded on} _Closed for Other TOTAL
Appeal IReversed/Remanded on| ‘Appeal Reasons
Appeal PP
FMCS 0} 0
AGENCY OVERALL 0o 0}



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

Number of Appeals Number of Number of Number of Appeals
Agency / Component Pending as of Start Appeals Received Appeals Processed Pending as of End
of Fiscal Year in Fiscal Year in Fiscal Year of Fiscal Year
IFMCS

AGENCY OVERALL



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

IFFMCS

AGENCY OVERALL



XIl.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS

Number of Backlogged | Number of Backlogged
Agency / Component | Requests as of End of | Appeals as of End of
Fiscal Year Fiscal Year
FMCS 22) 0}
AGENCY OVERALL 22) 0}



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

Number of Full Denials Based on Reasons Other than Exemptions
Number Number of All Record: 1
Number /of Partial i ecords| Mproper
Agency / Full | Grants / Pull Denials Referred to Fee- | Records | Eoia | Not | Other
Component | FU ra Based on | No Request not Duplicate] *Explain
Pp Grants | Partial Another |... Related Request | Agency A TOTAL
Exemptions| Records ithdrawn| Reasonably Request | in Chart
Denials P jComponent Reason - for Other} Record
Described Below
or Agency Reason
FMCS 18) 12) 4 20) 1 4 0} 0} 0 3 10) oO 56)
0
AGENCY
OVERALL 18) 12 41 20) 1 1 ie) oO 0 3 ie 0 56)



Vil.c. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

<1-20

Agency / 21-40 | 41-60 | 61-80 | 81-100 |101-120]121-140] 141-160] 161-180] 181-200|201-300|301-400| 401+ TOTAL
Component Days | Days | Days | Days | Days | Days Days Days | Days Days | Days | Days | Days
FMCS 2 0 0} 0 0 ie) 0 0 oO 0 0 0} ie) 2
0
AGENCY
OVERALL 2 0 0} ie 0 0 0 0 0} 0 0 0} 0 2



X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / Component

Total Amount of Fees
Collected

Percentage of Total
Costs

IFFMCS

$0.00)

0.00%

AGENCY OVERALL

$0.00}

0.00%!



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


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

ney Number of Times
oat ony t Description of "Other" Reasons for Denial on Appeal from Chart C(2) | "Other" Reason TOTAL
‘omponeni . Was Relied Upon
FMCS IN/A (0
AGENCY

OVERALL



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

10th
Agency / Oldest
Oldest 9th 8th 7th 6th Sth 4th 3rd 2nd
Component Appeal Appeal
Date of Appeal
Number of Days
Pending
Date of Appeal N/A N/A N/AI N/A\ N/AI N/A\ N/A| N/A2017-06-16)2017-04-10|
AGENCY
OVERALL Number of Days
Pending 0 0 0} oO 0 q ie) ie) 16) 19)



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
Vy

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


VIII.B. REQUESTS FOR FEE WAIVER

[Median Number of, Average Number

cuenta Number Granted | Number Denied Days to of Days to

P Adjudicate Adjudicate
AGENCY
OVERALL 0d wal WA



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
https://www.fmes.gov/wp-content/uploads/2015/07/29 CFR 1401.pdf.

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 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


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

REQUESTS RECEIVED AND PROCESSED

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED
Number Received A Number Processed
Agency / Component During Fiscal Year from Number Received During Fiscal Year from Number Processed
Last Year's Annual During Fiscal Year from Last Year's Annual During real Year from
Report Current Annual Report Report Current Annual Report
IFMCS 58} 80) 62) 56
AGENCY OVERALL 58) 80) 62) 56)



XI.A. NUMBER OF TIMES SUBSECTION USED

Agency / Component

Number of Times Subsection Used

FMCS

AGENCY OVERALL



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}

AGENCY
OVERALL



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)