Federal Deposit Insurance Corporation

Annual Freedom of Information Act Report

Fiscal Year 2013

(For the period 10/01/2012 through 09/30/2013)

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 Street NW, VSD8122, 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 Street NW, Washington, DC 

20429, or (ii) submitted electronically through the FDIC’s Electronic FOIA Request form 

on the web site at https://efoiarequest.fdic.gov/palMain.aspx, 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 state- chartered 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. 

3. The FDIC’s Freedom of Information Act regulations are available on the FDIC web site 

at http://www.fdic.gov/regulations/laws/rules/2000-3800.html#2000part309. 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 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. 

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.

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. 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.

e. 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.

f. 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.

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.)

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.

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

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

31 U.S.C. §5319 

(Bank Secrecy Act)

Reports 

pertaining to 

monetary 

instruments 

transactions filed 

under subchapter 

II of chapter 53 

of title 31 and 

records of those 

reports

Hulstein v. DEA, No.

10-4112, 2011 U.S. 

Dist. LEXIS 25788, at

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

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).

FDIC 3 3

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

FDIC 36 732 744 24
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

FDIC 201 130 53 85 1 48 32 55 36 85 6 12 744

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

FDIC Consent by party to whom the requested records pertain required 12 12

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

FDIC 0 9 3 105 43 141 1 1 3 2 0 0 57 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

Pending as of End

of Fiscal Year

FDIC 6 29 1
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

FDIC 23 8 1 2 34

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

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

FDIC 0 0 1 0 0 1 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

FDIC N/A 0 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

FDIC 20.00 21.06 8.00 77.00

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

Agency / 

Component

10th 

Oldest 

Appeal

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

Appeal

FDIC

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A 2013-09-26

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 2

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

FDIC 7 9.89 <1 51 12 12.96 <1 34 3 4.31 <1 13

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

FDIC 10 12.6 <1 50 12.5 13.5 3 34 1.5 3.5 <1 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

FDIC 613 81 6 0 0 0 0 0 0 0 0 0 0 700

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

FDIC 24 4 0 0 0 0 0 0 0 0 0 0 0 28

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

FDIC 16 0 0 0 0 0 0 0 0 0 0 0 0 16

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

FDIC 22 5.5 6 2 28 28 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

FDIC

Date of 

Receipt

2013-09-192013-09-182013-09-162013-09-162013-09-122013-09-112013-09-102013-09-102013-09-092013-09-05

Number 

of Days 

Pending

7 8 10 10 12 13 14 14 15 17

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

FDIC 16 98 1 2.32 107

VIII.B. REQUESTS FOR FEE WAIVER

Agency / Component Number Granted Number Denied Median Number of 

Days to Adjudicate

Average Number of 

Days to Adjudicate

FDIC 15 29 1 0.5

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

FDIC 9 6.3 15.3 $3,461,658.00 $5,976.00 $3,467,634.00
X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / Component Total Amount of Fees 

Collected Percentage of Total Costs

FDIC $20,902.00 0.60%

XI. (RESERVED)

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

FDIC 0 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

FDIC 0 4 3 1

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

FDIC

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A 2013-08-19

Number of Days 0 0 0 0 0 0 0 0 0 29
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

FDIC 931 732 943 744

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

FDIC 0 0

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

FDIC 44 29 40 34

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

FDIC 1 0