2021 Chief FOIA Officer Report

Federal Deposit Insurance Corporation

Nicholas Podsiadly, General Counsel and Chief FOIA Officer

March 2020 - March 2021

Section 1: Steps Taken to Apply the Presumption of Openness

The guiding principle underlying DOJ’s FOIA Guidelines is the presumption of openness.

Please answer the following questions in order to describe the steps your agency has taken to 

ensure that the presumption of openness is being applied to all decisions involving the 

FOIA. You may also include any additional information that illustrates how your agency is 

working to apply the presumption of openness.

A. FOIA Leadership

1. The FOIA requires each agency to designate a Chief FOIA Officer who is a senior 

official at the Assistant Secretary or equivalent level. See 5 U.S.C. § 552(j)(1) (2018). Is 

your agency’s Chief FOIA Officer at this level? 

Answer: Yes

2. Please provide the name and title of your agency’s Chief FOIA Officer.

Answer: Nicholas Podsiadly, General Counsel

B. FOIA Training

3. The FOIA directs agency Chief FOIA Officers to ensure that FOIA training is offered to 

agency personnel. See 5 U.S.C. § 552(a)(j)(2)(F). Please describe the efforts your agency has 

undertaken to ensure proper FOIA training is made available and used by agency 

personnel. (New Question)

Answer: The FDIC provides and promotes three different substantive FOIA trainings to agency 

personnel on the FDIC intranet (FDICLearn). These are Department of Justice’s Office of 

Information Policy (OIP) e-Learning modules “FOIA Training for All Employees,” “FOIA 

Training for Professionals,” and a videotape of the FDIC’s most recent FOIA Training which 

was conducted by attorneys from OIP. 

4. Did your FOIA professionals or the personnel at your agency who have FOIA responsibilities 

attend substantive FOIA training during the reporting period such as that provided by the 

Department of Justice?

Answer: Yes
5. If yes, please provide a brief description of the type of training attended or conducted and the 

topics covered.

Answer: In February 2020, the FDIC FOIA/PA Group sponsored a FOIA Training facilitated 

by OIP attorneys Christina Troiani and Timothy Ziese. We invited the staff of other banking 

agency FOIA Offices to participate in this training, as well as all of the FDIC’s Division FOIA 

Coordinators. This training focused on Exemption 4 and new OIP guidance based on the 

American Immigration Lawyers Association (“AILA”) case. It was a very successful training

with about 50 attendees, including staff from the Federal Reserve, Comptroller of the Currency, 

National Credit Union Administration, and Consumer Financial Protection Bureau.

Due to the Covid-19 national emergency, other FOIA training taken by FDIC staff consisted of 

virtual training provided by both OIP and private entities and included the following topics: 

FOIA-Privacy Considerations, FOIA Litigation, Exemption 4, and Exemptions 6 & 7C. 

6. Please provide an estimate of the percentage of your FOIA professionals and staff with FOIA 

responsibilities who attended substantive FOIA training during this reporting period.

Answer: 100%

7. OIP has directed agencies to “take steps to ensure that all of their FOIA professionals attend 

substantive FOIA training at least once throughout the year.” If your response to the previous 

question is that less than 80% of your FOIA professionals attended training, please explain your 

agency’s plan to ensure that all FOIA professionals receive or attend substantive FOIA training 

during the next reporting year.

Answer: N/A

C. Outreach

8. Did your FOIA professionals engage in any outreach or dialogue with the requester 

community or open government groups regarding your administration of the FOIA? Please 

describe any such outreach or dialogue, and, if applicable, any specific examples of how this 

dialogue has led to improvements in your agency’s FOIA administration.

Answer: The FDIC FOIA/PA Group did not engage in any specific outreach or dialogue with 

the requester community or open government groups this past year. However, all of the 

FOIA/PA Group staff frequently communicate with requesters, as needed, concerning particular 

FOIA requests, to ensure that the FDIC is processing its FOIA requests as accurately, 

thoroughly, and timely as reasonably possible. 

D. Other Initiatives

9. Describe any efforts your agency has undertaken to inform non-FOIA professionals of their 

obligations under the FOIA. In particular, please describe how often and in what formats your 

agency provides FOIA training or briefings to non-FOIA staff. (New Part of Question)
Answer: In February 2020, staff from the FDIC FOIA/PA Group participated in the first ever 

Legal Division Podcast, which was available to all FDIC Legal Division personnel. This Podcast 

included information concerning recent FOIA case law affecting the responsiveness and 

processing of agency records (the Argus and AILA decisions). In addition, in August 2020,

counsel in the FDIC FOIA/PA Group gave a virtual presentation to the FDIC intern class on 

FOIA basics and their role in the FOIA process. Additionally, the FOIA/PA Group provides 

informal briefings on the FOIA throughout the year to all agency divisions and offices and the 

Department of Justice’s e-Learning module, FOIA Training for All Employees, is available 

online to all employees through the FDIC’s Corporate University. 

10. Optional -- If there are any other initiatives undertaken by your agency to ensure that the 

presumption of openness is being applied, please describe them here.

Answer: In compliance with NARA’s 2016-18 FOIA Advisory Committee’s “Final Report and 

Recommendations,” the FDIC FOIA Staff are disclosing the Chairman’s Calendars monthly and 

the FOIA Logs quarterly. 

Section II: Steps Taken to Ensure that Your Agency Has an Effective System in Place for 

Responding to Requests

DOJ’s FOIA Guidelines emphasize that “[a]pplication of the proper disclosure standard is only 

one part of ensuring transparency. Open government requires not just a presumption of 

disclosure, but also an effective system for responding to FOIA requests.” It is essential that 

agencies effectively manage their FOIA program.

Please answer the following questions to describe the steps your agency has taken to ensure that 

the management of your FOIA program is effective and efficient. You should also include any 

additional information that that describes your agency's efforts in this area.

1. For Fiscal Year 2020, what was the average number of days your agency reported for 

adjudicating requests for expedited processing? Please see Section VIII.A. of your agency's 

Fiscal Year 2020 Annual FOIA Report.

Answer: The FDIC’s average number of days for adjudicating requests for expedited processing 

was 5.32 days for Fiscal Year 2020. 

2. If your agency's average number of days to adjudicate requests for expedited processing was 

above ten calendar days, according to Section VIII.A. of your agency's Fiscal Year 2020 Annual 

FOIA Report, please describe the steps your agency will take to ensure that requests for 

expedited processing are adjudicated within ten calendar days or less.

Answer: N/A 

3. During the reporting period, did your agency conduct a self-assessment of its FOIA 

program? If so, please describe the methods used, such as reviewing Annual Report or raw 
(new) data, using active workflows and track management, reviewing and updating processing 

procedures, etc.

Note: In September 2017, OIP released a FOIA Self-Assessment Toolkit as a resource for 

agencies conducting a self-assessment of their FOIA program. The Toolkit is available on OIP’s 

website for all agencies to use.

Answer: The FDIC FOIA/PA Group conducted a self-assessment of our program’s interface 

with the public, focusing on our public web site. For example, we continued our on-going 

review of our FOIA Reading Room to identify best practices or improvements that could be 

made. We identified various website links that were no longer operational and worked with the 

FDIC’s Division of Information Technology staff to correct such issues in order to maintain 

optimum functioning of the Reading Room.

4. Standard Operating Procedures (SOPs): Having SOPs can improve the consistency and 

quality of an agency’s FOIA process. In addition, describing an agency’s standard practices for 

handling FOIA requests on agency FOIA websites can help requesters better understand how 

their request will be handled. (New Question)

a) Does your agency have SOPs that outline general processes for handling FOIA requests and 

appeals?

Answer: The FDIC has SOPs in the form of an agency-wide FOIA Directive and accompanying 

documents on a FOIA Workflow diagram as well as FOIAXPress Job Aids for FOIA/PA staff 

and Division Coordinators. These accompanying documents set forth the steps for overall FOIA 

request processing, including the operation of our FOIAXpress system.

b) If not, does your agency have plans to create FOIA SOPs?

Answer: N/A

c) If yes, how often are they reviewed/updated to account for changes in law, best practices, and 

technology?

Answer: The FDIC’s FOIA SOPs are reviewed whenever there are changes to FOIA law or 

when there are internal agency reviews. Recently, there was an agency-wide initiative to review 

all FDIC directives. The FDIC FOIA Directive was analyzed and updated during this review 

process.

d) In addition to having SOPs, does your agency post or otherwise describe your standard 

processes for handling requests on your website?

Answer: The FDIC FOIA pages provide a detailed explanation of how the FDIC processes both 

FOIA requests and FOIA appeals at https://www.fdic.gov/foia/index.html and 

https://efoiarequest.fdic.gov/
5. The FOIA Improvement Act of 2016 requires additional notification to requesters about the 

services provided by the agency’s FOIA Public Liaison. Please provide an estimate of the 

number of times requesters sought assistance from your agency’s FOIA Public Liaison during 

FY 2020 (please provide a total number or an estimate of the number).

Answer: Requesters sought assistance from the FDIC’s FOIA Public Liaison 6 times during FY 

2020.

6. Does your agency frequently receive common categories of first-party requests? If so, please 

describe the types of requests and if your agency has explored establishing alternative means of 

access to these records outside of the FOIA process? (New Question)

Answer: Yes, the FDIC does receive frequent common categories of first-party requests. We 

receive many FOIA requests from customers of both active and inactive banks. These type of 

requests are usually processed under both the FOIA and the Privacy Act. Less frequently, we 

receive first-party requests for Office of Inspector General and personnel files. Because these 

frequently requested records are protected under the Privacy Act, the FDIC cannot use 

alternative means of access outside of the FOIA/Privacy Act process for these records. 

7. The FOIA Improvement Act of 2016 required all agencies to update their FOIA regulations 

within 180 days. Has your agency updated its FOIA regulations in accordance with the FOIA 

Improvement Act of 2016? If not, what is your agency's plan to update your regulations? (New 

Question)

Answer: Yes, the FDIC fully complied with the FOIA Improvement Act of 2016 by having our 

revised regulations, in the form of an Interim Final Rule (“IFR”), published in the Federal 

Register on November 22, 2016 at 81 FR 83643. The IFR became final when the 60-day 

comment period ended on January 22. 2017, without a single comment being filed.

8. Please explain how your agency worked to mitigate the impact of the COVID-19 pandemic 

on FOIA processing. Examples could include, but are not limited to: altering workflows, 

implementing new technology, providing notices and instructions or otherwise communicating 

directly with requesters. (New Question)

Answer: The FDIC FOIA/PA Group already had a comprehensive FOIA software system in 

place that enabled us to process most FOIA cases from start to finish electronically. This largely 

made the transition to mandatory telework a seamless process. Additionally, the FOIA/PA 

Group utilizes Microsoft Teams to have staff meetings, discuss FOIA issues with our Divisional 

FOIA Coordinators, and share and edit documents in real time. The main issue that we have had 

is our inability to search for paper records that are not available in electronic format, thereby 

requiring an in-office search. These processing delays will mitigate once staff in the FDIC 

divisions and offices that maintain responsive paper records return to the office. 
The FDIC has also posted notices and instructions about the COVID-19 national emergency on 

our website and has provided detailed information about delays and next steps directly to 

requesters both through informal and formal correspondence.

9. Optional -- Please describe:

Best practices used to ensure that your FOIA system operates efficiently and effectively

Any challenges your agency faces in this area

Answer: In order to ensure efficiency, the FDIC FOIA/PA Group produces regular reports to 

monitor the processing of requests and to conduct quality assurance on our requests, including 

timeliness. In addition, the FOIA/PA Group routinely reviews its automated FOIA system 

(FOIAXpress) to ensure the proper processing of requests. Among other things, all FOIA 

correspondence and responsive records are maintained within the FOIAXpress database to 

improve efficiency. The FDIC’s Division of Information Technology staff provides support to 

resolve any network glitches that may occur with the FOIAXpress software. 

Section III: Steps Taken to Increase Proactive Disclosures

The Department of Justice has long focused on the need for agencies to work proactively to post 

information online without waiting for individual requests to be received.

Please answer the following questions to describe the steps your agency has taken to increase the 

amount of material that is available on your agency websites. In addition to the questions below, 

you should also describe any additional steps taken by your agency to make and improve 

proactive disclosures of information.

1. Provide examples of any material that your agency has proactively disclosed during the past 

reporting year, including records that have been requested and released three or more times in 

accordance with 5 U.S.C. § 552(a)(2)(D). Please include links to these materials as well.

Answer: 

Information posted on the FDIC’s website during the reporting period includes:

Quarterly Banking Profiles:

Third Quarter 2019 – https://www.fdic.gov/bank/analytical/quarterly/2019-vol13-4/fdicv13n4-3q2019.pdf 

Fourth Quarter 2019 – https://www.fdic.gov/bank/analytical/quarterly/2020-vol14-1/fdicv14n1-4q2019.pdf 

First Quarter 2020 - https://www.fdic.gov/bank/analytical/quarterly/2020-vol14-2/fdicv14n2-1q2020.pdf

Second Quarter 2020 – https://www.fdic.gov/bank/analytical/quarterly/2020-vol14-

3/fdic-v14n3-2q2020.pdf 

FDIC Consumer News: 

December 2019 - https://www.fdic.gov/consumers/consumer/news/december2019.html 
January 2020 - https://www.fdic.gov/consumers/consumer/news/january2020.html 

February 2020 – https://www.fdic.gov/consumers/consumer/news/february2020.html 

March 2020 – https://www.fdic.gov/consumers/consumer/news/march2020.html 

April 2020 – https://www.fdic.gov/consumers/consumer/news/april2020.html 

May 2020 - https://www.fdic.gov/consumers/consumer/news/may2020.html 

June 2020 - https://www.fdic.gov/consumers/consumer/news/june2020.html 

July 2020 – https://www.fdic.gov/consumers/consumer/news/july2020.html 

August 2020 – https://www.fdic.gov/consumers/consumer/news/august2020.html 

September 2020- https://www.fdic.gov/resources/consumers/consumer-news/2020-

09.html 

October 2020 - https://www.fdic.gov/resources/consumers/consumer-news/2020-10.html

November 2020 – https://www.fdic.gov/resources/consumers/consumer-news/2020-

11.html 

December 2020 - https://www.fdic.gov/resources/consumers/consumer-news/2020-

12.html 

Chief Financial Officer's (CFO) Reports to the Board:

Fourth Quarter 2019 – https://www.fdic.gov/about/financial-reports/corporate/cfo-report-4thqtr19/index.html 

First Quarter 2020 – https://www.fdic.gov/about/financial-reports/corporate/cfo-report-1stqtr20/index.html

Second Quarter 2020 – https://www.fdic.gov/about/financial-reports/corporate/cfo-report-2ndqtr20/index.html

Third Quarter 2020 - https://www.fdic.gov/about/financial-reports/corporate/cfo-report-3rdqtr20/index.html 

Documents considered at FDIC Board of Director’s open meetings:

https://www.fdic.gov/news/board/

FDIC Chairman’s Calendars:

Monthly October 2019 through October 2020 - 

https://www.fdic.gov/foia/chairmanschedule.html 

FDIC FOIA Log:

Fiscal Year Quarter 4 and Fiscal Year 2020 Quarters 1 through 4 -

https://www.fdic.gov/foia/readingroom.html 

2. Beyond posting new material, is your agency taking steps to make the posted information 

more useful to the public, especially to the community of individuals who regularly access your 

agency’s website?

Answer: Yes, the FDIC has taken steps to make information posted on its website more useful 

to the public.
3. If yes, please provide examples of such improvements. In particular, please describe steps 

your agency is taking to post information in open, machine-readable, and machine-actionable 

formats, to the extent feasible. If not posting in open formats, please explain why and note any 

challenges. (New Part of Question)

Answer: During 2020, the FDIC’s FOIA web pages, including its Reading Room, were redesigned by FDIC web specialists in order to simplify overall design and content so as to make 

them more easily navigable. The FDIC does have several open, machine-readable databases on 

its website that are very useful to the public. Examples of these are BankFind (the searchable 

FDIC Institution Directory) and Deposit Market Share Reports. These can be found at 

https://www.fdic.gov/resources/data-tools/. 

4. Optional -- Please describe:

Best practices used to improve proactive disclosures

Any challenges your agency faces in this area

Answer: In accordance with the FDIC Chairman’s “Trust through Transparency” initiative, the 

FDIC is actively striving to become even more transparent. We are not aware of any challenges 

to this effort. 

Section IV: Steps Taken to Greater Utilize Technology

A key component of FOIA administration is using technology to make information more 

accessible. In addition to using the internet to make proactive disclosures, agencies should also 

be exploring ways to utilize technology in responding to requests.

Please answer the following questions to describe how your agency is utilizing technology to 

improve its FOIA administration and the public's access to information. You should also include 

any additional information that describes your agency's efforts in this area.

1. Please briefly describe the types of technology your agency uses to support your FOIA 

program. In addition, please highlight if your agency is leveraging or exploring any new 

technology that you have not previously reported. If so, please describe the type of technology. 

Answer: The FDIC continues to use the latest version of a FOIA database system and is 

exploring new FOIA database systems that leverage e-discovery and artificial intelligence 

capabilities in the processing of agency records. 

2. OIP issued guidance in 2017 encouraging agencies to regularly review their FOIA websites to 

ensure that they contain essential resources, and are informative and user-friendly. Has your 

agency reviewed its FOIA website(s) during the reporting period to ensure it addresses the 

elements noted in the guidance?
Answer: Yes, the FOIA staff performed an extensive review of the FDIC Reading Room, the 

reading rooms of sister banking agencies, and the relevant best practices set forth in the NARA 

2016-18 FOIA Advisory Committee’s “Final Report and Recommendations.” 

3. Did your agency successfully post all four quarterly reports for Fiscal Year 2020?

Answer: Yes, all four of the FDIC’s quarterly FOIA reports for Fiscal Year 2020 were 

successfully posted online.

4. If your agency did not successfully post all quarterly reports, with information appearing on 

FOIA.gov, please explain why and provide your agency’s plan for ensuring that such reporting is 

successful in Fiscal Year 2021.

Answer: N/A

5. The FOIA Improvement Act of 2016 requires all agencies to post the raw statistical data used 

to compile their Annual FOIA Reports. Please provide the link to this posting for your agency’s 

Fiscal Year 2019 Annual FOIA Report and, if available, for your agency’s Fiscal Year 2020 

Annual FOIA Report. 

Answer: https://www.fdic.gov/foia/reports.html

6. Optional -- Please describe:

Best practices used in greater utilizing technology

Any challenges your agency faces in this area

Answer: The FDIC FOIA/PA Group successfully deployed the version 10.3 of FOIAXpress 

software on the FDIC’s network in July. We expect to have their latest version, 10.5, deployed 

in March 2021. We also successfully integrated FOIAXpress with the National FOIA Portal in 

October and have been receiving FOIA requests originating from the Portal.

Section V: Steps Taken to Improve Timeliness in Responding to Requests and Reducing 

Backlogs

The Department of Justice has emphasized the importance of improving timeliness in responding 

to requests. This section of your Chief FOIA Officer Report addresses both time limits and 

backlog reduction. Backlog reduction is measured both in terms of numbers of backlogged 

requests or appeals and by looking at whether agencies closed their ten oldest requests, appeals, 

and consultations.

For the figures required in this Section, please use the numbers contained in the specified 

sections of your agency’s FY 2019 and 2020 Annual FOIA Reports.

A. Simple Track
Section VII.A of your agency’s Annual FOIA Report, entitled "FOIA Requests – Response Time 

for All Processed Requests," includes figures that show your agency's average response times for 

processed requests. For agencies utilizing a multi-track system to process requests, there is a 

category for "simple" requests, which are those requests that are placed in the agency’s fastest 

(non-expedited) track, based on the low volume and/or simplicity of the records requested.

1. Does your agency utilize a separate track for simple requests? 

Answer: Yes

2. If your agency uses a separate track for simple requests, according to Annual FOIA Report 

section VII.A, was the agency overall average number of days to process simple requests twenty 

working days or fewer in Fiscal Year 2020?

Answer: Yes, the average number of days to process simple requests in Fiscal Year 2020 was 

8.06 days.

3. Please provide the percentage of requests processed by your agency in Fiscal Year 2020 that 

were placed in your simple track. Please use the following calculation based on the data from 

your Annual FOIA Report: (processed simple requests from Section

VII.C.1) divided by (requests processed from Section V.A.) x 100.

Answer: 49.4% of requests processed by the FDIC in Fiscal Year 2020 were placed in the 

simple track (178 out of 360).

4. If your agency does not track simple requests separately, was the average number of days to 

process all non-expedited requests twenty working days or fewer?

Answer: N/A

B. Backlogs

Section XII.A of your agency’s Annual FOIA Report, entitled "Backlogs of FOIA Requests and 

Administrative Appeals" shows the numbers of any backlogged requests or appeals from the 

fiscal year. You should refer to these numbers from your Annual FOIA Reports for both Fiscal 

Year 2019 and Fiscal Year 2020 when completing this section of your Chief FOIA Officer 

Report.

BACKLOGGED REQUESTS

5. If your agency had a backlog of requests at the close of Fiscal Year 2020, according to Annual 

FOIA Report Section XII.A, did that backlog decrease as compared with the backlog reported at 

the end of Fiscal Year 2019?

Answer: No, the FDIC’s Fiscal Year 2020 backlog (11) increased compared with our backlog 

reported at the end of Fiscal Year 2019 (1).
6. If not, according to Annual FOIA Report Section V.A, did your agency process more requests 

during Fiscal Year 2020 than it did during Fiscal Year 2019?

Answer: Yes, the FDIC processed 360 requests during Fiscal Year 2020, compared to 341 

requests processed for Fiscal Year 2019.

7. If your agency’s request backlog increased during Fiscal Year 2020, please explain why and 

describe the causes that contributed to your agency not being able to reduce its backlog. When 

doing so, please also indicate if any of the following were contributing factors:

An increase in the number of incoming requests.

A loss of staff.

An increase in the complexity of the requests received. If possible, please provide examples or 

briefly describe the types of complex requests contributing to your backlog increase.

Any other reasons – please briefly describe or provide examples when possible.

Answer: The FDIC’s backlog increased during Fiscal Year 2020, due to the COVID-19 national 

emergency. As of March 14, 2020, all FDIC employees were required to telework with no 

access to agency records stored only in paper form and that were determined to be potentially 

responsive to certain requests. Accordingly, for those certain requests, we have been unable to 

timely complete our standard processing for the search and review of responsive paper records. 

However, we have generally processed and provided the electronic records for these particular 

requests.

8. If you had a request backlog please report the percentage of requests that make up the backlog 

out of the total number of requests received by your agency in Fiscal Year 2020. Please use the 

following calculation based on data from your Annual FOIA Report: (backlogged requests from 

Section XII.A) divided by (requests received from Section V.A) x 100. If your agency has no 

request backlog, please answer with “N/A.”

Answer: The percentage of requests that make up the backlog reported at the end of Fiscal Year 

2020 is 2.96% (11 out of 371). 

BACKLOGGED APPEALS

9. If your agency had a backlog of appeals at the close of Fiscal Year 2020, according to Section 

XII.A of the Annual FOIA Report, did that backlog decrease as compared with the backlog 

reported at the end of Fiscal Year 2019?

Answer: The FDIC reported no backlogged appeals at the end of either Fiscal Year 2019 or 

Fiscal Year 2020.

10. If not, according to section VI.A of the Annual FOIA Report, did your agency process more 

appeals during Fiscal Year 2020 than it did during Fiscal Year 2019?
Answer: N/A

11. If your agency’s appeal backlog increased during Fiscal Year 2020, please explain why and 

describe the causes that contributed to your agency not being able to reduce its backlog. When 

doing so, please also indicate if any of the following were contributing factors:

An increase in the number of incoming appeals.

A loss of staff.

An increase in the complexity of the requests received. If possible, please provide examples or 

briefly describe the types of complex requests contributing to your backlog increase.

Any other reasons – please briefly describe or provide examples when possible.

Answer: N/A

12. If you had an appeal backlog please report the percentage of appeals that make up the 

backlog out of the total number of appeals received by your agency in Fiscal Year 2020. Please 

use the following calculation based on data from your Annual FOIA Report: (backlogged 

appeals from Section XII.A) divided by (appeals received from Section VI.A) x 100. If your 

agency did not receive any appeals in Fiscal Year 2020 and/or has no appeal backlog, please 

answer with "N/A."

Answer: N/A

C. Backlog Reduction Plans

13. In the 2020 guidelines for Chief FOIA Officer Reports, any agency with a backlog of over 

1000 requests in Fiscal Year 2019 was asked to provide a plan for achieving backlog reduction in 

the year ahead. Did your agency implement a backlog reduction plan last year? If so, describe 

your agency’s efforts in implementing this plan and note if your agency was able to achieve 

backlog reduction in Fiscal Year 2020?

Answer: N/A

14. If your agency had a backlog of more than 1,000 requests in Fiscal Year 2020, please explain 

your agency’s plan to reduce this backlog during Fiscal Year 2021.

Answer: N/A

D. Status of Oldest Requests, Appeals, and Consultations

Section VII.E, entitled "Pending Requests – Ten Oldest Pending Requests," Section VI.C.(5), 

entitled "Ten Oldest Pending Administrative Appeals," and Section XII.C., entitled 

"Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies 

and Pending at Your Agency," show the ten oldest pending requests, appeals, and 

consultations. You should refer to these numbers from your Annual FOIA Reports for both 

Fiscal Year 2019 and Fiscal Year 2020 when completing this section of your Chief FOIA Officer 

Report.
OLDEST REQUESTS

15. In Fiscal Year 2020, did your agency close the ten oldest pending perfected requests that 

were reported in Section VII.E. of your Fiscal Year 2019 Annual FOIA Report?

Answer: No

16. If no, please provide the number of these requests your agency was able to close by the end 

of the fiscal year, as listed in Section VII.E of your Fiscal Year 2019 Annual FOIA Report. If 

you had fewer than ten total oldest requests to close, please indicate that.

Answer: Nine

17. Beyond work on the ten oldest requests, please describe any steps your agency took to 

reduce the overall age of your pending requests.

Answer: The FOIA Group worked diligently to close out unperfected requests in order to 

reduce the overall age of the pending requests.

TEN OLDEST APPEALS

18. In Fiscal Year 2020, did your agency close the ten oldest appeals that were reported pending 

in Section VII.C.5. of your Fiscal Year 2019 Annual FOIA Report?

Answer: There were not any appeals pending in the FY 2019 Annual FOIA Report. 

19. If no, please provide the number of these appeals your agency was able to close by the end of 

the fiscal year, as listed in Section VII.C.(5) of your Fiscal Year 2019 Annual FOIA Report. If 

you had fewer than ten total oldest appeals to close, please indicate that.

Answer: N/A

20. Beyond work on the ten oldest appeals, please describe any steps your agency took to reduce 

the overall age of your pending appeals.

Answer: N/A

TEN OLDEST CONSULTATIONS

21. In Fiscal Year 2020, did your agency close the ten oldest consultations that were reported 

pending in Section XII.C. of your Fiscal Year 2019 Annual FOIA Report?

Answer: Yes, in Fiscal Year 2020, the FDIC closed our one pending consultation that was 

reported in our Fiscal Year 2019 Annual FOIA Report.
22. If no, please provide the number of these consultations your agency was able to close by the 

end of the fiscal year, as listed in Section XII.C. of your Fiscal Year 2019 Annual FOIA 

Report. If you had fewer than ten total oldest consultations to close, please indicate that.

Answer: N/A

E. Additional Information on Ten Oldest Requests, Appeals, and Consultations & Plans

23. Briefly explain any obstacles your agency faced in closing its ten oldest requests, appeals, 

and consultations from Fiscal Year 2019.

Answer: As noted above, with the exception of one request that involves voluminous records, 

we are unable to close the ten oldest requests because we do not have access to paper records 

because of mandatory telework for all FDIC personnel. 

24. If your agency was unable to close any of its ten oldest requests because you were waiting to 

hear back from other agencies on consultations you sent, please provide the date the request was 

initially received by your agency, the date when your agency sent the consultation, and the date 

when you last contacted the agency where the consultation was pending.

Answer: N/A

25. If your agency did not close its ten oldest pending requests, appeals, or consultations, please 

provide a plan describing how your agency intends to close those “ten oldest” requests, appeals, 

and consultations during Fiscal Year 2021.

Answer: We fully expect to close out all requests involving the search of paper records once the 

necessary FDIC agency personnel in the affected divisions and offices can physically return to 

their duty stations.

F. Success Stories

Out of all the activities undertaken by your agency since March 2020 to increase transparency 

and improve FOIA administration, please briefly describe here at least one success story that you 

would like to highlight as emblematic of your agency’s efforts. The success story can come 

from any one of the five key areas, but should not be something that you have reported in a prior 

year. As noted above, OIP will highlight these agency success stories during Sunshine 

Week. To facilitate this process, all agencies should use bullets to describe their success story 

and limit their text to a half page. The success story is designed to be a quick summary of key 

achievements. A complete description of all your efforts will be contained in the body of your 

Chief FOIA Officer Report.

Answer: In the face of the unprecedented challenges of the COVID-19 national emergency, the 

FDIC FOIA/PA Group has not only maintained effective operations without stoppages, but has 

also taken steps to increase transparency. 
In 2020, our Group continued to provide advice and training on the FOIA to all FDIC divisions 

and offices, including sponsoring the OIP training and participating in the Podcast detailed 

above. We also maintained timely and meaningful communications with the FOIA requester 

community on all matters, including those matters affected by the national emergency. 

In our efforts to further increase transparency, the FDIC has regularly posted the Chairman’s 

calendars monthly and our FOIA logs quarterly. Additionally, in an effort to make the FDIC’s 

deposit insurance decision process more transparent, the FDIC’s Division of Risk Management 

and Supervision began proactively post its orders approving de novo bank applications almost 

immediately after each approval. The public can easily find these approval orders in our FOIA 

Reading Room by clicking on the “Decisions on Bank Applications” link at 

https://www.fdic.gov/foia/readingroom.html.