1

Federal Deposit Insurance Corporation

Annual Freedom of Information Act Report

Fiscal Year 2012

(For the period 10/01/2011 through 09/30/2012) 

I. BASIC INFORMATION REGARDING THIS REPORT

1. The FDIC contact person for questions about this Report is Hugo A. Zia, Supervisory 

Counsel, FOIA/Privacy Act Group, FDIC Legal Division, 550 17th St. NW, VS-D8122, 

Washington, DC 20429; Telephone: (703) 562-2671; Fax: (703) 562-2797.

2. This Report is available on the FDIC web site at 

http://www.fdic.gov/about/freedom/reports.html.

3. A paper copy of this Report may be obtained by downloading it from the FDIC web site or 

by requesting a copy from the FDIC Public Information Center, 3501 N. Fairfax Dr., Room

E-1005, Arlington, VA 22226; Telephone: (703) 562-2200, or (877) 275-FDIC (3342); Fax:

(703) 562-2296 or E-mail: publicinfo@FDIC.gov. 

II. MAKING A FOIA REQUEST TO THE FDIC

1. All FOIA requests to the FDIC must be in writing and either (i) directed to the 

FOIA/Privacy Act Group, FDIC Legal Division, 550 17th St. NW, Washington, DC 20429, 

or (ii) submitted electronically through the FDIC’s Electronic FOIA Request form on the 

web site at http://www2.fdic.gov/efoiarequest/index.asp, or by facsimile to (703) 562-2797, 

or by e-mail to EFOIA@FDIC.gov. The FDIC publication entitled “FOIA Guide – Gaining 

Access to FDIC Information” explains in detail how to submit a FOIA request to the FDIC. 

The FOIA Guide is available on the FDIC web site at

http://www.fdic.gov/about/freedom/Guide.html.

2. Some FOIA requests are denied in whole or in part because the information requested is 

exempted from disclosure by the FOIA (5 U.S.C. § 552 (b)). The exemptions most often 

applicable to information requested from the FDIC include (b)(4), (b)(5), (b)(6) and (b)(8). 

The FDIC receives a great deal of privileged and private financial information concerning 

individuals, businesses, and banking entities by virtue of its roles as a federal financial 

institution regulatory agency as well as the appointed receiver of virtually all failed U.S. 

depository institutions. Therefore, exemptions (b)(4) and (b)(6) are invoked to withhold 

confidential or privileged material. The FDIC is also the primary regulator of most statechartered financial institutions and therefore prepares or receives bank examination reports 

and related material. Such records are exempted from FOIA disclosure in order to promote 

frank communications between financial institutions and the FDIC examination staff and to 

maintain stability in the financial system. Accordingly, the FDIC invokes FOIA exemptions 

(b)(5) and (b)(8) for these purposes. Other exemptions, such as (b)(2), (b)(7)(A), or 

(b)(7)(C) are used occasionally. In some cases, records cannot be located.
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III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 

1. There are no FDIC-specific acronyms or other terms used in this Report.

2. Definition 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. 

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 request 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 

upon which the agency relies 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 “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 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.)
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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.

l. 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.

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.
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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. Concise descriptions of the nine FOIA exemptions:

a. Exemption 1: classified national defense and foreign relations information.

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

 practices of an agency.

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 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.

h. Exemption 8: information relating to the supervision of financial institutions.

i. Exemption 9: geological information on wells.

IV. EXEMPTION 3 STATUTES 

A. Exemption 3 Statutes Relied upon to Withhold Information

Statute Type of Information 

Withheld

Supporting

Case Citation

Total Number of Times 

Relied upon by FDIC

31 U.S.C. § 5319 

(Bank Secrecy Act)

Reports pertaining to 

monetary instruments 

transactions filed 

under subchapter II of 

Hulstein v. DEA, No. 

10-4112, 2011 U.S. 

Dist. LEXIS 25788, at 

*7-8 (N.D. Iowa Mar. 

2
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chapter 53 of title 31 

and records of those 

reports

11, 2011); Berger v. 

IRS, 487 F. Supp. 2d 

482, 496-97 (D.N.J. 

2007), aff'd on other 

grounds, 288 F. App'x 

829 (3d Cir. 2008), 

cert. denied, 129 S. 

Ct. 2789 (U.S. 2009); 

Sciba v. Bd. of 

Governors of the Fed. 

Reserve Sys., No. 04-

1011, 2005 WL 

3201206, at *6 

(D.D.C. Nov. 4, 

2005).

V. FOIA REQUESTS 

A. Received, Processed and Pending FOIA Requests (both perfected and non-perfected)

Number of Requests 

Pending as of the Start of 

the Fiscal Year

Number of Requests 

Received in the 

Fiscal Year

Number of Requests 

Processed in the 

Fiscal Year

Number of Requests 

Pending as of the End of 

the Fiscal Year

48 931 943 36

B. (1) Disposition of FOIA Requests – All Processed Requests 

Full 

Grant

Partial 

Grant/

Partial 

Denial

Full 

Denial 

Based on 

Exemptions

Full 

Denial 

No 

Records

Full 

Denial 

Records 

Referred 

to 

Another 

Agency

Full Denial

Request 

Withdrawn

Full 

Denial

Fee

Related

Full 

Denial

Records 

Not 

Reasonably 

Described

Full 

Denial

Improper 

FOIA 

Request

for Other 

Reason

Full 

Denial

Not 

Agency 

Record

Full 

Denial 

Dup. 

Req.

Full 

Denial 

Other 

see 

B.(2) 

below

FDIC

Total

225 163 50 112 7 37 91 88 35 108 10 17 943
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B. (2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons 

Other than Exemptions” from Section V.B. (1) Chart

Description of “Other” Reasons for Denials from 

Chart B(1) & Number of Times Those Reasons Were 

Relied Upon

Total

Consent by party to whom the requested records

pertain required.

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

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

3 42 2 128 53 146 3 1 5 1 3 0 56 0

VI. APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS 

A. Received, Processed and Pending Administrative Appeals 

Number of Appeals 

Pending as of the Start of 

the Fiscal Year

Number of Appeals 

Received in the 

Fiscal Year

Number of Appeals 

Processed in the 

Fiscal Year

Number of Appeals 

Pending as of the End of 

the Fiscal Year

2 44 40 6

B. Disposition of Administrative Appeals – All Processed Appeals

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

28 6 1 5 40
7

C. (1) Reasons for Denial on Appeal – Number of Times Exemptions Applied

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

0 0 0 1 2 1 0 0 0 0 0 0 3 0

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

No 

Records

Records 

Referred 

at Initial 

Request

Level

Request 

Withdrawn

Fee 

Related 

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 

see 

C.(3) 

below

1 0 2 1 0 0 0 1 0 0 0

C. (3) Reasons for Denial on Appeal – “Other” Reasons from Section VI. C (2) Chart

Description of “Other” Reasons for Denial on Appeal 

from Chart C. (2) & Number of Times Those Reasons 

Were Relied Upon

Total

0 0

C. (4) Response Time for Administrative Appeals

Median Number of Days Average Number of Days Lowest Number of Days Highest Number of Days

20 19.82 <1 50

C. (5) Ten Oldest Pending Administrative Appeals

10th 9

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

Appeal

Date 

Received

N/A N/A N/A N/A 09/27/

2012

09/20/

2012

09/19/

2012

09/14/

2012

09/04/

2012

05/11/

2012
8

Number 

of Days 

Pending

0 0 0 0 1 6 7 10 18 97

VII. RESPONSE TIME FOR PROCESSED AND PENDING FOIA REQUESTS

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

 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

5 8.81 <1 73 1 10.15 <1 56 1 8.13 <1 102

B. Processed Requests – Response Time for Perfected Requests Where Information Granted

 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

10 12.56 <1 73 22 22.32 <1 56 1 11.24 <1 102

C. Processed Requests – Response Time in Day Increments

Simple Requests

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

FDIC 

Total

725 109 8 3 0 0 0 0 0 0 0 0 0 845

Complex Requests

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

FDIC 

Total

46 10 3 0 0 0 0 0 0 0 0 0 0 59
9

Requests Granted Expedited Processing

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

FDIC 

Total

36 1 1 0 0 1 0 0 0 0 0 0 0 39

D. Pending Requests – All Pending Perfected Requests

 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

36 6.5 8 0 N/A N/A 0 N/A N/A

E. Pending Requests – Ten Oldest Pending Perfected Requests

10th 9

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

Request

Date 

Received

09/11/

2012

09/10/

2012

09/10/

2012

09/07/

2012

09/07/

2012

09/06/

2012

09/04/

2012

08/31/

2012

08/27/

2012

08/27/

2012

Number 

of Days 

Pending

13 14 14 15 15 16 18 19 23 23

VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER

A. Requests For Expedited Processing

Number 

Granted

Number 

Denied

Median Number of 

Days to Adjudicate

Average Number of 

Days to Adjudicate

Number 

Adjudicated Within 

Ten Calendar Days

39 102 1 2.25 135
10

B. Requests for Fee Waiver

Number 

Granted

Number 

Denied

Median Number of Days 

to Adjudicate

Average Number of Days 

to Adjudicate

21 60 1 0.33

IX. FOIA PERSONNEL AND COSTS 

 Personnel | Costs 

Number of 

“Full-Time FOIA 

Employees”

Number of 

“Equivalent FullTime FOIA 

Employees”

Total Number of 

“Full-Time FOIA 

Staff”

Processing 

Costs

Litigation 

Related 

Costs

Total Costs

11 6.5 17.5 $2,773,641 0 $2,773,641

X. FEES COLLECTED FOR PROCESSING REQUESTS

Total Amount of Fees Collected Percentage of Total Costs

$27,756 1%

XI. FOIA REGULATIONS AND FEE SCHEDULE

The FDIC FOIA regulations are available at www.fdic.gov/regulations/laws/rules/2000-

3800.html#2000part309. Paper copies of this Report contain the full text of the regulations. The 

FDIC Records Fee Schedule is set forth below and it is also available at 

http://www.fdic.gov/about/freedom/fees.html.

FEDERAL DEPOSIT INSURANCE CORPORATION 

RECORDS FEE SCHEDULE

March 1, 2012

In accordance with 12 C.F.R. § 309.5(f), the Federal Deposit Insurance Corporation hereby sets 

forth the fees to be charged for the production of agency records. These fees will be effective for 

records requests submitted thirty days or more from the above date of issuance. Persons requesting 

records from the FDIC shall be charged for the direct costs of search, review and duplication as set 

forth at 12 C.F.R. § 309.5(f), unless such costs are less than $10.00. The following fees shall be in 

effect until further notice. 
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Hourly labor rates: 

Executive level staff -- $121.00

Professional level staff -- $83.00

Clerical level staff -- $36.00

Duplication:

$0.20 per page

CD/DVD - $5.00

Special products

Certain reports, manuals and other products are offered at set prices by agency components 

which produce them. Prices may be obtained upon request. 

XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS

A. Backlogs of FOIA Requests and Administrative Appeals

Number of Backlogged Requests 

as of the End of the Fiscal Year

Number of Backlogged Appeals 

as of the End of the Fiscal Year

0 1

B. Consultations on FOIA Requests – Received, Processed, and Pending Consultations

Number of Consultations 

Received from Other Agencies 

that Were Pending as of the 

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 During the 

Fiscal Year

Number of Consultations 

Received from Other Agencies 

that Were Pending at the FDIC

as of the End of the Fiscal Year

0 0 0 0

C. Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies 

and Pending 

10th 9

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

Consultation

Date 

Received

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
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Number 

of Days 

Pending

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

 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

1250 931 1409 943

Number of Requests Backlogged

Number of Backlogged Requests 

as of the End of the Fiscal Year from 

Previous Annual Report

Number of Backlogged Requests 

as of the End of the Fiscal Year from 

Current Annual Report

2 0

E. Comparison of Numbers of Appeals from Previous and Current Annual Report – Appeals 

Received, Processed, and Backlogged

 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

39 44 38 40

Number of Appeals Backlogged

Number of Backlogged Appeals 

as of the End of the Fiscal Year from 

Previous Annual Report

Number of Backlogged Appeals 

as of the End of the Fiscal Year from 

Current Annual Report

0 1