OIP Guidance May 2008212010-01-20T15:09:00Z2010-02-01T18:48:00Z2010-02-01T18:48:00Z131831610714647711851911.0000FREEDOM OF INFORMATION ACT (FOIA) ANNUAL REPORT AMERICAN BATTLE MONUMENTS COMMISSION Fiscal Year 2009 I. Basic Information Regarding Report A. Name, title, address, and telephone number of person(s) to contact with questions about the report. Martha Sell American Battle Monuments Commission 2300 Clarendon Blvd, Suite 500 Arlington, Virginia 22201 Telephone: 703-696-6897 Michael G. Conley American Battle Monuments Commission 2300 Clarendon Blvd, Suite 500 Arlington, Virginia 22201 Telephone: 703-696-6778 B. Electronic address for report on the World Wide Web: www.abmc.gov C. How to obtain a copy of the report in paper form. Contact Ms. Sell or Mr. Conley at the address or telephone numbers listed above. II. How to Make a FOIA Request A. Names, addresses, telephone numbers of all individual agency components and offices that receive FOIA requests. Martha R. Sell American Battle Monuments Commission 2300 Clarendon Blvd, Suite 500 Telephone: 703-696-6897 Michael G. Conley American Battle Monuments Commission 2300 Clarendon Blvd, Suite 500 Arlington, VA 22201 Telephone: 703-696-6778 B. The following agency records may be subject to FOIA exemptions: Most ABMC documents, records, and publications are accessible through FOIA. However, the FOIA contains nine types of records which the agency may routinely exempt from disclosure. See 5 U.S.C. Sections 552 (b)(1) though (b)(9). As to ABMC records, potentially applicable exemptions are most likely to be limited to: Internal personnel rules and agency practices, 5 U.S.C. & 552(b)(2).Information specifically exempted from disclosure by another statue, 5 U.S.C. & 552(b)(3).Trade secrets and commercial or financial information obtained from a person and privileged or confidential, 5 U.S.C. & 552(b)(4).Inter- or intra-agency memoranda or letters which would not be available to a party in litigation with the agency, 5 U.S.C. & 552(b)(5).Personnel, medical and similar files, disclosure of which would constitute a clearly unwarranted invasion of personal privacy, 5 U.S.C. & 552(b)(6).Even if a record falls within one of these FOIA exemptions, ABMC may, in some circumstances, release the records, depending upon the exemption at issue and the circumstances of the FOIA request.III. ACRONYMS, Definitions, AND EXEMPTIONS 1. Agency-specific acronyms or terms used in this Report: ABMC – American Battle Monuments Commission2. Glossary 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 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. 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. The Nine FOIA Exemptions: a. Exemption 1: classified national defense and foreign relations informationb. Exemption 2: internal agency rules and practicesc. Exemption 3: information that is prohibited from disclosure by another federal lawd. Exemption 4: trade secrets and other confidential business informatione. Exemption 5: inter-agency or intra-agency communications that are protected by legal privilegesf. Exemption 6: information involving matters of personal privacyg. 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 individualh. Exemption 8: information relating to the supervision of financial institutionsi. Exemption 9: geological information on wells IV.Exemption 3 Statutes A.Exemption 3 Statutes Relied upon to Withhold InformationStatuteType of Information WithheldCase CitationNumber of Times Relied upon per ComponentTotal Number of Times Relied upon by Agencyn/an/an/an/a0n/an/an/an/a0V.FOIA Requests A.Received, Processed and Pending FOIA RequestsNumber of Requests Pending as of Start of Fiscal YearNumber of Requests Received in Fiscal YearNumber of Requests Processed in Fiscal YearNumber of Requests Pending as of End of Fiscal YearAGENCY OVERALL013121PAGE 1PAGE 20B. (1)Disposition of FOIA Requests – All Processed Requests Number of Full GrantsNumber of Partial Grants/ Partial Denials Number of Full Denials Based on ExemptionsNumber of Full Denials Based on Reasons Other than Exemptions No RecordsAll Records Referred to Another Component or AgencyRequest Withdrawn Fee-Related ReasonRecords not Reasonably DescribedImproper FOIA Request for Other Reason Not Agency RecordDuplicate Request Other*Explain in chart belowTOTALAGENCY OVERALL33020100030012B. (2)Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) Chart ComponentDescription of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied uponTOTALAgency Overalln/a 0B. (3)Disposition of FOIA Requests – Number of Times Exemptions Applied Ex.1Ex.2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex.8Ex.9AGENCY OVERALL00000400000000VI.ADMINISTRATIVE Appeals of Initial DETERMINATIONS of FOIA Requests A.Received, Processed and Pending Administrative AppealsNumber of Appeals Pending as of Start of Fiscal YearNumber of Appeals Received in Fiscal YearNumber of Appeals Processed in Fiscal YearNumber of Appeals Pending as of End of Fiscal Year0000Disposition of Administrative Appeals – All Processed AppealsNumber Affirmed on AppealNumber Partially Affirmed & Partially Reversed/Remanded on AppealNumber Completely Reversed/Remanded on AppealNumber of Appeals Closed for Other ReasonsTOTAL00000C. (1)Reasons for Denial on Appeal – Number of Times Exemptions Applied Ex.1Ex.2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex.8Ex.900000000000000C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions No RecordsRecords Referred at Initial Request LevelRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper Request for Other ReasonsNot Agency RecordDuplicate Request or AppealRequest in LitigationAppeal Based Solely on Denial of Request for Expedited ProcessingOther*Explain in chart below00000000000C. (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 uponTOTALn/a 0C. (4)Response Time for Administrative AppealsMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Daysn/an/an/an/aC. (5)Ten Oldest Pending Administrative Appeals Date of Receipt of Ten Oldest Appealsn/an/an/an/an/an/an/an/an/an/aNumber of Days Pendingn/an/an/an/an/an/an/an/an/an/a10th Oldest Appeal9th8th7th6th5th4th3rd2ndOldest AppealVII.FOIA REQUESTS: RESPONSE TIME FOR PROCESSED and Pending Requests Processed Requests – Response Time for All Processed Perfected RequestsSimpleComplexExpedited processingMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysAGENCY OVERALL171711900000000SimpleComplexExpedited PROCESSINGMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysAGENCY OVERALL131211900000000Processed Requests – Response Time for Perfected Requests in Which Information Was Granted Processed Requests – Response Time in Day IncrementsSimple Requests1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTAL AGENCY OVERALL1200000000000012Complex Requests1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTAL AGENCY OVERALL00000000000000Requests Granted Expedited Processing1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTAL AGENCY OVERALL00000000000000Pending Requests – All Pending Perfected RequestsPending Requests – Ten Oldest Pending Perfected RequestsSimpleComplexExpedited PROCESSINGNumber PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of DaysAGENCY OVERALL1770n/an/a0n/an/a10th Oldest Request and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request and Number of Days PendingAgency Overalln/an/an/an/an/an/an/an/an/a9/21/097VIII.REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER A.Requests for Expedited Processing Number Granted Number DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar DaysAGENCY OVERALL00n/an/an/aB.Requests for Fee Waiver Number Granted Number DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateAGENCY OVERALL00n/an/aIX.FOIA PERSONNEL AND COSTS PERSONNELCosts Number of Full-Time FOIA EmployeesNumber of Equivalent Full-Time FOIA EmployeesTotal Number of Full-Time FOIA Staff(The sum of Columns 1 & 2)Processing Costs(At initial request and appeal levels)Litigation-Related CostsTotal CostsAGENCY OVERALL0.02.02$2,500.000$2,500.00X.FEES COLLECTED FOR PROCESSING REQUESTSTotal Amount of Fees CollectedPercentage of Total CostsAGENCY OVERALL$ 0n/aXI.FOIA REGULATIONS Electronic link to FOIA regulations, including fee schedule: www.abmc.gov XII.BACKLOGS, CONSULTATIONS, AND COMPARISONS SEQ CHAPTER \h \r 1A. Backlogs of FOIA Requests and Administrative AppealsNumber of Backlogged Requests as of End of Fiscal YearNumber of Backlogged Appeals as of End of Fiscal YearAGENCY OVERALL00Consultations on FOIA Requests – Received, Processed, and Pending Consultations Number of Consultations Received from Other Agencies that Were Pending at Your Agency as of Start of the Fiscal YearNumber of Consultations Received from Other Agencies During the Fiscal YearNumber of Consultations Received from Other Agencies that Were Processed by Your Agency During the Fiscal YearNumber of Consultations Received from Other Agencies that Were Pending at Your Agency as of End of the Fiscal Year AGENCY OVERALL0000C.Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency Agency Overall10th Oldest Consultation and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation and Number of Days Pendingn/an/an/an/an/an/an/an/an/an/aD.Comparison of Numbers of Requests from Previous and Current Annual Report – Requests Received, Processed, and BackloggedNUMBER OF REQUESTS RECEIVEDNUMBER OF REQUESTS PROCESSED Number Received During Fiscal Year from Last Year’s Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year’s Annual ReportNumber Processed During Fiscal Year from Current Annual ReportAGENCY OVERALL20132112Number of Backlogged Requests as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Requests as of End of the Fiscal Year from Current Annual ReportAGENCYOVERALL00E.Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeals Received, Processed, and BackloggedNUMBER OF APPEALS RECEIVEDNUMBER OF APPEALS PROCESSEDNumber Received During Fiscal Year from Last Year’s Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year’s Annual ReportNumber Processed During Fiscal Year from Current Annual ReportAGENCYOVERALL0000Number of Backlogged Appeals as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Appeals as of End of the Fiscal Year from Current Annual ReportAGENCYOVERALL00