National Credit Union AdministrationAnnual Freedom of Information Act ReportforFiscal Year 2009The following Annual Freedom of Information Act report covers the Period 10/01/2008 through 09/30/2009, except as indicated below for Part XII of the report, as required by 5 U.S.C. 552. The URL for this report is: http://www.ncua.gov/GenInfo/FOIA/Reports.aspx. I. Basic Information Regarding ReportIf you have any questions regarding this report, you may contact Linda Dent, Staff Attorney, 1775 Duke Street, Alexandria, Virginia 22314, (703) 518-6540.The report is available on-line at http://www.ncua.gov/GenInfo/FOIA/Reports.aspx. You can click on any underlined term to link directly to the corresponding document on the NCUA website.To obtain a copy of this report in paper form, you may come to the NCUA reading room located in room 6076B, at 1775 Duke Street, Alexandria, Virginia 22314-3428, from 8 a.m. to 5:00 p.m. Monday through Friday, or call (703) 518-6540 to request that a copy be sent to you.II. making a FOIA RequestYou can consult the publication entitled, “A Handbook for Obtaining Information from NCUA” for information on making a FOIA request. The Handbook is available on the Internet at http://www.ncua.gov/GenInfo/FOIA/Files/FOIAhandbook04.pdf, or you can request a copy from the Office of Public and Congressional Affairs by calling (703) 518-6330.FOIA requests may be submitted to one of two NCUA offices, both of which are located at 1775 Duke Street, Alexandria, Virginia 22314-3428. For records maintained by the Office of Inspector General (OIG) direct your request to the OIG at the above address. You may also send a request to the OIG by facsimile at (703)518-6349, or by e-mail to OIGmail@ncua.gov. For all other requests, submit your request to the Freedom of Information Act Officer at the above address. You may also send such requests by facsimile to (703) 518-6569 or by e-mail to FOIA@ncua.gov.Brief Description of why some requests are not granted:Generally, exempt information includes credit union examination reports; records which if released, would cause an unwarranted invasion of personal privacy; confidential proprietary business information; internal communications regarding proposed NCUA policies; and law enforcement investigative records.III. Definitions of Terms and Acronyms Used in the ReportNo agency-specific acronyms or terms are used in this Report.The following are definitions of terms used in this report: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.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.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.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.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.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.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.)Full Grant – an agency decision to disclose all records in full in response to a FOIA request.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.Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7.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.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.Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects.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.Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals.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). The following are concise descriptions of the nine FOIA examptions:Exemption 1: classified national defense and foreign relations informationExemption 2: internal agency rules and practicesExemption 3: information that is prohibited from disclosure by another federal lawExemption 4: trade secrets and other confidential business informationExemption 5: inter-agency or intra-agency communications that are protected by legal privilegesExemption 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 individual.Exemption 8: information relating to the supervision of financial institutionsExemption 9: geological information on wellsIV. Exemption 3 StatutesStatuteType of Information WithheldCase CitationNumber of Times Relied UponTotal Number of Times Relied Upon31 U.S.C. § 5319Suspicious Activity Report(s) (SAR)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).11V. FOIA RequestsReceived, 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 Overall519318414B.(1) Disposition of FOIA Requests – All Processed RequestsNumber of Full GrantsNumber of Partial Grants/Partial DenialsNumber of Full Denials Based on ExemptionsNumber of Full Denials Based on Reasons Other than ExemptionsNo RecordsAll Records Referred to Another Component or AgencyRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper FOIA Request for Other ReasonNot Agency RecordDuplicate RequestOtherTotalAgency Overall608171808112330184B.(2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B(1) ChartComponentDescription of “Other” Reasons for Denials from Chart B(1) & Number of Times Those Reasons Were Relied UponTOTALAgency OverallThere were no “other” reasons for full denials at the close of the fiscal year.0B.(3) Disposition of FOIA Requests – Number of Times Exemptions AppliedEx. 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 Overall081342460202000390VI. Administrative Appeals of Initial Determinations of FOIA RequestsReceived, 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 Year012102B. Disposition of Administrative Appeals – All Processed AppealsNumber Affirmed on AppealNumber Partially Affirmed & Partially Reversed on AppealNumber Completely Reversed on AppealNumber of Appeals Closed for Other ReasonsTOTAL820010C.(1) Reasons for Denial on Appeal – Number of Times Exemptions AppliedEx. 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. 902075800000070C.(2) Reasons for Denial on Appeal – Reasons Other than ExemptionsNo 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 ProcessingOther00000000000C.(3) Reasons for Denial on Appeal – “Other” Reasons from Section VI, C(2) ChartDescription of “Other” Reasons for Denial on Appeal from Chart C(2) & Number of Times Those Reasons Were Relied UponTOTALThere were no “other” reasons for denying an appeal at the close of the fiscal year.0C.(4) Response Time for Administrative AppealsMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days21.530.716110C.(5) Ten Oldest Pending Administrative AppealsThere were two administrative appeals pending at the close of the fiscal year.10th Oldest OldestAppeal 9th 8th 7th 6th 5th 4th 3rd2nd AppealDate of Receipt of Ten Oldest Appeals 9/29/099/10/09Number of Days Pending00000000114VII. FOIA Requests: Response Time for Processed and Pending RequestsProcessed 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 Overall911.4<147222707642422262B. Processed Requests – Response Time for Perfected Requests in Which Information Was GrantedSIMPLECOMPLEXEXPEDITED 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 Overall11.512.8<1472429.417642422262C. 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+ DaysTOTALAgency Overall1021020000000000114Complex 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+ DaysTOTALAgency Overall28218500000000062Requests 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+ DaysTOTALAgency Overall01010000000002 D. Pending Requests – All 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 Overall946.2455.5111E. Pending Requests – Ten Oldest Pending Perfected RequestsAgency OverallDate:No. of Days10th Oldest Request and Number of Days Pending9th8th7th6th5th4th3rd2ndOldest Request and Number of Days Pending9/29/0919/25/0939/25/0939/24/0949/21/0979/21/0979/21/0979/15/09119/10/09149/2/0919VIII. Requests For Expedited Processing And Requests For Fee WaiverA. Requests for Expedited ProcessingNumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber of Adjudicated Within 10 Calendar DaysAgency Overall2211.254B. Requests for Fee WaiverNumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateAgency Overall33.51.7IX. FOIA Personnel and CostsPersonnelCostsNumber of Full-Time FOIA EmployeesNumber of Equivalent Full-Time FOIA EmployeesTotal Number of Full-Time FOIA StaffProcessing CostsLitigation-Related CostsTotal CostsAgency Overall01.391.39$117,4501,986.48$119,436.48X. Fees Collected For Processing RequestsTotal Amount of Fees CollectedPercentage of Total CostsAgency Overall$3,275.452.7%XI. FOIA RegulationsNational Credit Union Administration Regulations May 2008From “Bookmarks” near the left margin, scroll down to find “Part 792” for section on FOIA Regulations.XII. Backlogs, Consultations and ComparisonsA. 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 Overall00B. Consultations on FOIA Requests – Received, Processed and Pending ConsultationsNumber of Consultations Received from Other Agencies that Were Pending at NCUA as of Start of Fiscal YearNumber of Consultations Received from Other Agencies During the Fiscal YearNumber of Consultations Received from Other Agencies that Were Processed by NCUA During Fiscal YearNumber of Consultations Received from Other Agencies that Were Pending at NCUA as of end of Fiscal YearAgency Overall0000C. Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending at NCUAAGENCY OVERALL10th Oldest Request and Number of Days Pending9th8th7th6th5th4th3rd2ndOldest Request and Number of Days PendingN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AD. Comparison of Number of Requests from Previous and Current Annual Report – Requests Received, Processed and BackloggedNumber of Requests ReceivedNumber of Requests ProcessedNumber Received During FY from Last Year’s Annual ReportNumber Received During FY from Current Annual ReportNumber Processed During FY from Last Year’s Annual ReportNumber Processed During FY from Current Annual ReportAgency Overall149193153184Number of Backlogged Requests as of End of the FY from Previous Annual ReportNumber of Backlogged Requests as of End of FY from Current Annual ReportAgency Overall00E. Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeal Received, Processed and BackloggedNumber of Appeals ReceivedNumber of Appeals ProcessedNumber Received During FY from Last Year’s Annual ReportNumber Received During FY from Current Annual ReportNumber Processed During FY from Last Year’s Annual ReportNumber Processed During FY from Current Annual ReportAgency Overall312310Number of Backlogged Appeals as of End of the FY from Previous Annual ReportNumber of Backlogged Appeals as of End of FY from Current Annual ReportAgency Overall00PAGE 14PAGE National Credit Union AdministrationOCIOLinda K Dent72009-12-29T17:10:00Z2009-12-31T01:06:00Z2010-01-20T21:12:00Z10114287416386Microsoft Office Word013638falseTitle1National Credit Union AdministrationNCUAfalse19222false4194402905http://www.ncua.gov/RegulationsOpinionsLaws/rules_and_regs/NCUA_RR_Complete_2.pdf6488188605http://www.ncua.gov/FOIA/feesched.html4063262305mailto:FOIA@ncua.gov4194374005http://www.ncua.gov/FOIA/Reports/2007FOIAAnnualReportfalse12.0000