FREEDOM OF INFORMATION ACT (FOIA) ANNUAL REPORT FY 2009(October 1, 2008 through September 30, 2009) MILLENNIUM CHALLENGE CORPORATION (MCC)BASIC INFORMATION REGARDING REPORTName, title, address, and telephone number of person(s) to be contacted with questions about the report:John C. Mantini, Chief FOIA OfficerMillennium Challenge Corporation875 Fifteenth Street, NWWashington, DC 20005Telephone:(202) 521-3863E-mail:foia@mcc.gov Electronic address for the report on the World Wide Web:http://www.mcc.gov/mcc/utility/foia/foia-reports/index.shtml How to obtain a copy of the report in paper form:Contact Mr. Mantini at the address or telephone number listed above.MAKING A FOIA REQUESTNames, addresses and telephone numbers of all individual MCC components and offices that receive FOIA requests:John C. Mantini, Chief FOIA OfficerMillennium Challenge Corporation875 Fifteenth Street, NWWashington, DC 20005Telephone:(202) 521-3863E-mail:foia@mcc.gov Brief description of why some requests are not granted:MCC denied part of fourteen (14) information requests in FY 2009 invoking Exemption 4.MCC denied part of one (1) information requests in FY 2009 invoking Exemption 5.MCC denied eight (8) entire information requests and part of one (1) information request in FY 2009 because there were no records responsive to the requests.The majority of FOIA requests that MCC receives are for contract documents for which Exemption 4 is routinely cited.ACRONYMS, DEFINITIONS, AND EXEMPTIONSAgency-specific acronyms or other termsMCC – Millennium Challenge Corporation. The independent executive agency established by Congress in the Millennium Challenge Act of 2003.Basic terms, expressed in common terminologyAdministrative 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.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.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.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).Concise descriptions of the nine FOIA exemptionsExemption 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 privacyExemption 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 individualExemption 8: information relating to the supervision of financial institutionsExemption 9: geological information on wellsEXEMPTION 3 STATUTESList of Exemption 3 statutes relied on by MCC during FY 2009StatueType of Information WithheldCase CitationNumber of Times Relied upon per ComponentTotal Number of Times Relied upon by AgencyN/AN/AN/A00FOIA 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 Fiscal YearAGENCY OVERALL426291(1) Disposition of All Processed FOIA RequestsV.B.1Number of Full GrantsNumber of Partial Grants/ Partial DenialsNumber of Full Denials Based on ExemptionsNumber of Full Denials Based on Reasons Other than ExemptionsTOTALNo RecordsAll Records Referred to Another Component or AgencyRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper FOIA Request of Other ReasonNot Agency RecordDuplicate RequestOtherAGENCY OVERALL516080000000029(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 B91) & Number of Times Those Reasons Were Relied UponTOTALN/AN/A0(3) Disposition of FOIA Requests – Number of Times Exemptions AppliedV.B.3Ex. 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 OVERALL000141000000000ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTSReceived, Processed and Pending Administrative AppealsVI.ANumber 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 Fiscal YearAGENCY OVERALL0000Disposition of Administrative Appeals – All Processed AppealsVI.BNumber of Affirmed on AppealNumber Partially Affirmed & Partially Reversed/Remanded on AppealNumber Completely Reversed/Remanded on AppealNumber of Appeals Closed for Other ReasonsTOTALAGENCY OVERALL00000(1) Reasons for Denial on Appeal – Number of Times Exemptions AppliedVI.C.1Ex. 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 OVERALL00000000000000Reasons 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 ProcessingOther*Explain in chart below00000000000Reasons for Denial on Appeal “Other” Reason from Section VI.C.2 ChartDescription of “Other” Reasons for Denial on Appeal from Chart C(2) & Number of Times Those Reasons Were Relied uponTOTALN/A0Response Time for Administrative AppealsVI.C.4Median Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysAGENCY OVERALL0000Ten Oldest Pending Administrative AppealsVI.C.510th Oldest Appeal9th8th7th6th5th4th3rd2ndOldest AppealDate of Receipt of Ten Oldest AppealsN/AN/AN/AN/AN/AN/AN/AN/AN/AN/ANumber of Days Pending0000000000FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTSProcessed Requests – Response Time for All Processed Perfected RequestsVII.ASIMPLECOMPLEXEXPEDITED 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 OVERALL2757325000000000Processed Requests – Response Time for Perfected Requests in which Information was GrantedVII.BSIMPLECOMPLEXEXPEDITED 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 OVERALL3370325000000000Processed Requests – Response Time in Day IncrementsSIMPLE REQUESTSVII.C1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTALAGENCY OVERALL1183200020120029COMPLEX REQUESTSVII.C1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTALAGENCY OVERALL00000000000000REQUESTS GRANTED EXPEDITED PROCESSINGVII.C1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTOTALAGENCY OVERALL00000000000000Pending Requests – All Pending Perfected RequestsSIMPLECOMPLEXEXPEDITED PROCESSINGVII.DMedian 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 OVERALL25925925925900000000Pending Requests – Ten Oldest Pending Perfected RequestsVII.E10th Oldest Request and Number of Days Pending9th8th7th6th5th4th3rd2ndOldest Request and Number of Days PendingAGENCY OVERALLN/AN/AN/AN/AN/AN/AN/AN/AN/A01/14/2009259REQUESTS FOR EXPEDITED PROCESSING AND REQUEST FOR FEE WAIVERRequests for Expedited ProcessingVIII.ANumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar DaysAGENCY OVERALL00000Requests for Fee WaiverVIII.BNumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateAGENCY OVERALL0000FOIA PERSONNEL AND COSTSPersonnelCostsIX.A&BPERSONNELCOSTSNumber of “Full-Time FOIA Employees”Number of “Equivalent Full-Time FOIA Employees”Total Number of “Full-Time FOIA Staff”Processing Costs(At initial request and appeal levels)Litigation-Related CostsTotal CostsAGENCY OVERALL0.15.15Unknown$0UnknownFEES COLLECTED FOR PROCESSING REQUESTSX.Total amount of Fees CollectedPercentage of Total CostsAGENCY OVERALL$00%FOIA REGULATIONS http://www.mcc.gov/mcc/utility/foia/foia-readingroom/index.shtml XII.BACKLOGS, CONSULTATIONS, AND COMPARISONSBacklogs of FOIA Requests and Administrative AppealsXII.ANumber of Backlogged Requests as of End of Fiscal YearNumber of Backlogged Appeals as of End of Fiscal YearAGENCY OVERALL10B.Consultations on FOIA Requests – Received, Processed and Pending ConsultationsXII.BNumber of Consultations Received from Other Agencies that were Pending at MCC 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 MCC During the Fiscal YearNumber of Consultations Received from Other Agencies that were Pending at MCC as of End of the Fiscal YearAGENCY OVERALL0000C.Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending MCCXII.C10th Oldest Consultation and Number of Days Pending9th8th7th6th5th4th3rd2ndOldest Consultation and Number of Days PendingAGENCY OVERALLN/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 BackloggedXII.D.1NUMBER OF REQUESTS RECEIVEDNUMBER OF REQUESTS 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 ReportAGENCY OVERALL19261729XII.D.2Number 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 ReportAGENCY OVERALL41E.Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeals Received, Processed and BackloggedXII.E.1NUMBER OF APPEALS RECEIVEDNUMBER OF APPEALS 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