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Federal Deposit Insurance Corporation
Annual Freedom of Information Act
Report
Fiscal Year 2009 (For the period 10/01/2008 through 09/30/2009)


I. Basic Information Regarding this Report
 
  1. The FDIC contact person for questions about this report is Fredrick Lee Fisch, Supervisory Counsel, FOIA/Privacy Act Group, FDIC Legal Division, 550 17th St. NW, MB-2098, Washington, DC 20429; Telephone: (202) 898-6901; fax: (202) 898-6910.
     
  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 directed to the FOIA/Privacy Act Group, FDIC Legal Division, 550 17th St. NW, Washington, DC 20429.  Requests may also be submitted electronically through the FDIC’s Electronic FOIA Office on the web site at www2.fdic.gov/efoiarequest/index.asp. 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 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.

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:
  1. 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.

  2. 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. 

  3. 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.

  4. 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.

  5. 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 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.

  6. 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. 

  7. 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.)\

  8. Full Grant – an agency decision to disclose all records in full in response to a FOIA request. 

  9. 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. 

  10. Median Number – the middle, not average, number.  For example, of 3, 7, and 14, the median number is 7. 

  11. 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.

  1. 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.

  2. 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.

  3. 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.

  1. 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.
  2. Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects.
  3. 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.
  4. Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.
  5. Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals.
  6. 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).
  1. Concise descriptions of the nine FOIA exemptions:

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

  2. Exemption 2:  internal agency rules and practices.

  3. Exemption 3:  information that is prohibited from disclosure by another federal law.

  4. Exemption 4:  trade secrets and other confidential business information.

  5. Exemption 5:  inter-agency or intra-agency communications that are protected by legal privileges.

  6. Exemption 6:  information involving matters of personal privacy.

  7. 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.

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

  9. Exemption 9:  geological information on wells.

IV. Exemption 3 Statutes

  1. Exemption 3 Statutes Relied upon to Withhold Information 

Statute

Type of Information Withheld

Supporting
Case Citation

Total Number of Times Relied upon by FDIC

-0-

-0-

-0-

0


V. FOIA Requests
  1. 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

62

2207

2045

224

 

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

Full Grant

Partial Grant
Partial Denial

Full
Denial Based on Exemption

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

 

Full Denial
Not Agency Record

Full Denial Dup. Req.

Full Denial Other see B.(2) below

FDIC
Total

1507

153

95

130

1

78

23

45

-0-

4

7

2

2045

  1. (2)  Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section VB(1) Chart

Description of “Other” Reasons for Denials from Chart B(1) & Number of Times Those Reasons Were Relied Upon

 

Total

Government in the Sunshine Act, 5 U.S.C. 552b

2

  1. (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

-0-

17

-0-

144

81

93

-0-

-0-

4

-0-

1

1

73

-0-

 

VI. Appeals of Initial Determinations of FOIA Requests

  1. 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

51

49

4

 

  1. Disposition of Administrative Appeals – All Processed Appeals

 

Number
Affirmed
on Appeal

Number Partially Affirmed & Partially Reversed or Remanded

Number Completely Reversed or Remanded
on Appeal

Number of Appeals Closed for Other Reasons


TOTAL

7

34

4

4

49

  1. (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-

1

-0-

13

5

7

-0-

-0-

-0-

-0-

-0-

-0-

8

-0-

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

No Records

Records Referred at Initial Request

Request Withdrawn

Fee Related Reason

Records not Reasonably Described

Improper Request for Other Reasons

Not Agency Record

Duplicate Request or Appeal

Request in Litigation

Denial of Request for Expedited Processing

Other see
C.(3) below

2

0

2

-0-

-0-

-0-

-0-

-0-

-0-

-0-

2

  1. (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

Government in the Sunshine Act, 5 U.S.C. 552b

2

  1. (4)  Response Time for Administrative Appeals

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

20

19

9

40

  1. (5)  Ten Oldest Pending Administrative Appeals

 

10th

9th

8th

7th

6th

5th

4th

3rd

2nd

Oldest Appeal

Date Received

-0-

-0-

-0-

-0-

-0-

-0-

09-24-09

09-08-09

07-31-09

05-12-09

Number of Days Pending


-0-


-0-


-0-


-0-


-0-


-0-


4


16


42

98


VII. Response Time for Processed and Pending FOIA Requests

  1. 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

<1

2

<1

68

<1

4

<1

128

17

19

3

46

  1. 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

<1

2

<1

68

<1

4

<1

128

18

20

3

46

  1. 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

1235

37

1

2

-0-

-0-

-0-

-0-

-0-

-0-

-0-

-0-

-0-

1275

 

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

698

29

17

9

2

-0-

1

-0-

-0-

-0-

-0-

-0-

-0-

756

 

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

10

3

1

-0-

-0-

-0-

-0-

-0-

-0-

-0-

-0-

-0-

-0-

14

  1. 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

152

65

45

68

40

33

4

58

62

  1. Pending Requests – Ten Oldest Pending Perfected Requests

 

10th

9th

8th

7th

6th

5th

4th

3rd

2nd

Oldest Request

Date Received

06-08-09

06-05-09

06-01-09

05-28-09

05-18-09

05-12-09

04-23-09

02-24-09

11-17-08

11-10-08

Number of Days Pending

80

81

85

87

94

98

111

153

219

223

 

VIII. Requests for Expedited Processing and Requests for Fee Waiver

  1. 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

14

2

1

1

16

  1. Requests for Fee Waiver

Number
Granted

Number
Denied

Median Number of Days to Adjudicate

Average Number of Days to Adjudicate

12

1

1

1

IX. FOIA Personnel and Costs

                               Personnel                                              |                                   Costs                             

Number of 
“Full-Time FOIA Employees”

Number of “Equivalent Full-Time FOIA Employees”

Total Number of “Full-Time FOIA Staff”

Processing
Costs

Litigation
Related
Costs

Total Costs

6

6

12

$2,288,000.00

$27,078.00

$2,315,078.00

X.  Fees Collected for Processing Requests

Total Amount of Fees Collected

Percentage of Total Costs

$27,055.14

1.17

XI. FOIA Regulations and Fee Schedule

The FDIC FOIA regulations are available at http://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#schedule

Federal Deposit Insurance Corporation
Records Fee Schedule
February 1, 2009

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 no less than thirty days 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 -- $109.00
Professional level staff -- $71.00
Clerical level staff -- $33.00

Duplication:

$0.25 per page

Computer charges:

Personal computer rate -- $1.84 per hour of use (in addition to hourly labor rates)
CD -- $1.00 (plus data/labor costs)
Mainframe computer data costs: (plus hourly labor rates, if applicable)
CPU processing -- $0.18 per second
Disk I/O -- $0.35 per 1000 transactions
Tape I/O -- $0.20 per 1000 transactions
Printing -- $0.88 per 1000 lines

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

  1. 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

170

2

  1. 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 Your Agency as of the End of the Fiscal Year

-0-

4

3

1

  1. Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending

 

10th

9th

8th

7th

6th

5th

4th

3rd

2nd

Oldest Consultation

Date Received

-0-

-0-

-0-

-0-

-0-

-0-

-0-

-0-

-0-

09-25-09

Number of Days Pending


-0-


-0-


-0-


-0-


-0-


-0-


-0-


-0-


-0-


3

 

  1. 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

807

2207

780

2045

Number of Requests Backlogged

Number of Backlogged Requests
as of the End of the Fiscal Year from the
Previous Annual Report

Number of Backlogged Requests
as of the End of the Fiscal Year from the
Current Annual Report

10

170

  1. 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

3

51

1

49

Number of Backlogged Appeals
as of the End of the Fiscal Year from the
Previous Annual Report

Number of Backlogged Appeals
as of the End of the Fiscal Year from the
Current Annual Report

-0-

2



Last Updated 01/23/2013 efoia@fdic.gov