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FOIA Annual Report

2013 FOIA Annual Report

For fiscal year 2013, October 1, 2012 through September 30, 2013

April 8, 2014

For fiscal year 2013, October 1, 2012 through September 30, 2013

  1. Basic Information Regarding Report

    1. Name, title, address, and telephone number of person(s) to be contacted with questions about the report:

      John C. Mantini, Chief FOIA Officer
      Millennium Challenge Corporation
      875 Fifteenth Street, NW
      Washington, DC  20005
      Telephone: (202) 521-3863
      E-mail: foia@mcc.gov

    2. Electronic address for the report on the World Wide Web:

      http://www.mcc.gov/pages/foia

    3. How to obtain a copy of the report in paper form:

      Contact Mr. Mantini at the address or telephone number listed above.

  2. Making A FOIA Request

    1. Names, addresses and telephone numbers of all individual MCC components and offices that receive FOIA requests:

      John C. Mantini, Chief FOIA Officer
      Millennium Challenge Corporation
      875 Fifteenth Street, NW
      Washington, DC  20005
      Telephone: (202) 521-3863
      E-mail: foia@mcc.gov

    2. Brief description of why some requests are not granted:

      • MCC denied one (1) information request in FY 2013 invoking Exemption 1.
      • MCC denied one (1) information request in FY 2013 invoking Exemption 5.
      • MCC denied three (3) information requests in FY 2013 invoking Exemption 6.
      • MCC denied one (1) information request in FY2013 because there were no records responsive to the requests.
      • MCC denied part of two (2) information requests in FY2013 invoking Exemption 4.
      • MCC denied part of one (1) information request in FY2013 invoking Exemption 5.
      • MCC denied part of seven (7) information requests in FY2013 invoking Exemption 6.

  3. Acronyms, Definitions, and Exemptions

    1. Agency-specific acronyms or other terms

      MCC
      Millennium Challenge Corporation.  The independent executive agency established by Congress in the Millennium Challenge Act of 2003.

    2. Basic terms, expressed in common terminology

      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.
      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).

    3. Concise descriptions of the nine FOIA exemptions

      Exemption 1
      classified national defense and foreign relations information
      Exemption 2
      information that is related solely to the internal personnel rules and practices of an agency.
      Exemption 3
      information that is prohibited from disclosure by another federal law
      Exemption 4
      trade secrets and other confidential business information
      Exemption 5
      inter-agency or intra-agency communications that are protected by legal privileges
      Exemption 6
      information involving matters of personal privacy
      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 institutions
      Exemption 9
      geological information on wells

  4. Exemption 3 Statutes

    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
    N/A N/A N/A MCC 0 0

  5. FOIA Requests

    1. Received, Processed and Pending 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
      MCC 0 25 21 4
      AGENCY OVERALL 0 25 21 4

    2. Disposition of FOIA Requests

      1. Disposition of FOIA Requests—All Processed Requests

        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 Fee-Related Reason Records not Reasonably Described Improper FOIA Request for Other Reason Not Agency Record Duplicate Request Other *Explain in Chart Below TOTAL
        MCC 4 11 5 1 0 0 0 0 0 0 0 0 21
        AGENCY OVERALL 4 11 5 1 0 0 0 0 0 0 0 0 21

      2. Disposition of FOIA Requests—"Other" Reasons for "Full Denials Based on Reasons Other Than Exemptions"

        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

        MCC

        		 N/A 0 0
        AGENCY OVERALL N/A 0 0

      3. Disposition of FOIA Requests—Number of Times Exemptions Applied

        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

        MCC

        		 1 0 0 2 2 10 0 0 0 0 0 0 0 0
        AGENCY OVERALL 1 0 0 2 2 10 0 0 0 0 0 0 0 0

  6. Administrative Appeals of Initial Determinations of FOIA Requests

    1. Received, Processed and Pending Administrative Appeals

      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 Processed in Fiscal Year      		 Number of Appeals Pending as of End of Fiscal Year

      MCC

      		 0 2 1 1

      AGENCY OVERALL

      		 0 2 1 1

    2. Disposition of Administrative Appeals—All Processed Appeals

      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

      MCC

      		 0 1 0 0 1
      AGENCY OVERALL 0 1 0 0 1

    3. Reasons for Denial on Appeals

      1. Reasons for Denial on Appeals—Number of Times Exemptions Applied

        Reasons for Denial on Appeals—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

        MCC

        		 0 0 0 0 1 0 0 0 0 0 0 0 0 0

        AGENCY OVERALL

        		 0 0 0 0 1 0 0 0 0 0 0 0 0 0

      2. Reasons for Denial on Appeals—Reasons Other Than Exemptions

        Reasons for Denial on Appeals—Reasons Other Than Exemptions
        Agency / Component No Records Records Referred at Initial Request Level Request Withdrawn Fee-Related 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
        MCC 0 0 0 0 0 0 0 0 0 0 0
        AGENCY OVERALL 0 0 0 0 0 0 0 0 0 0 0

      3. Reasons for Denial on Appeals—"Other" Reasons

        Reasons for Denial on Appeals—"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

        MCC

        		 N/A 0 0

        AGENCY OVERALL

        		 N/A 0 0

      4. Response Time for Administrative Appeals

        Response Time for Administrative Appeals
        Agency / Component Median Number of Days Average Number of Days Lowest Number of Days Highest Number of Days
        AGENCY OVERALL 19.00 19.00 19.00 19.00

      5. Ten Oldest Pending Administrative Appeals

        Ten Oldest Pending Administrative Appeals
        Agency / Component   10th Oldest Appeal 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Appeal
        AGENCY OVERALL Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A 2013-09-27
        Number of Days Pending 0 0 0 0 0 0 0 0 0 1

  7. FOIA Requests—Response Time for All Processed and Pending Requests

    1. FOIA Requests—Response Time for All Processed Perfected Requests

      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
      AGENCY OVERALL 18 17 <1 55 N/A N/A N/A N/A N/A N/A N/A N/A

    2. Process Requests—Response Time for Perfected Requests in Which Information Was Granted

      Process 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
      AGENCY OVERALL 19 19 2 55 N/A N/A N/A N/A N/A N/A N/A N/A

    3. Processed Requests—Response Time in Day Increments

      1. 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

        MCC

        		 16 3 2 0 0 0 0 0 0 0 0 0 0 21
        AGENCY OVERALL 16 3 2 0 0 0 0 0 0 0 0 0 0 21

      2. 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

        MCC

        		 0 0 0 0 0 0 0 0 0 0 0 0 0 0

        AGENCY OVERALL

        		 0 0 0 0 0 0 0 0 0 0 0 0 0 0

      3. 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

        MCC

        		 0 0 0 0 0 0 0 0 0 0 0 0 0 0

        AGENCY OVERALL

        		 0 0 0 0 0 0 0 0 0 0 0 0 0 0

    4. 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
      AGENCY OVERALL 4 3 7 0 N/A N/A 0 N/A N/A

    5. Pending Requests—Ten Oldest Pending Perfected Requests

      Agency / Component   10th Oldest Request 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request
      AGENCY OVERALL Date of Receipt N/A N/A N/A N/A N/A N/A 2013-09-30 2013-09-27 2013-09-25 2013-09-02
      Number of Days Pending 0 0 0 0 0 0 0 1 3 19

  8. Requests for Expedited Processing and Request for Fee Waiver

    1. Requests for Expedited Processing

      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
      AGENCY OVERALL 0 0 N/A N/A N/A

    2. Requests for Fee Waiver

      Requests for Fee Waiver
      Agency / Component Number Granted Number Denied Median Number of Days to Adjudicate Average Number of Days to Adjudicate
      AGENCY OVERALL 0 0 N/A N/A

  9. FOIA Personnel and Costs

    FOIA Personnel and Costs
    Agency / Component 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
    MCC 0 0.15 0.15 $15,000.00 $0.00 $15,000.00
    AGENCY OVERALL 0 0.15 0.15 $15,000.00 $0.00 $15,000.00

  10. Fees Collected for Processing Requests

    Fees Collected for Processing Requests
    Agency / Component Total Amount of Fees Collected Percentage of Total Costs
    MCC $0.00 0.00%
    AGENCY OVERALL $0.00 0.00%

  11. Backlogs, Consultations and Comparisons

    1. Backlogs of FOIA Requests and Administrative Appeals

      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
      MCC 0 0
      AGENCY OVERALL 0 0

    2. 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

      MCC

      		 0 0 0 0
      AGENCY OVERALL 0 0 0 0

    3. 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
      AGENCY OVERALL Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

    4. Comparison of Numbers of Requests from Previous and Current Annual Report—Requests Received, Processed and Backlogged

      1. Comparison of Numbers of Requests from Previous and Current Annual Report—Requests Received and Processed

        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
        MCC 29 25 29 21
        AGENCY OVERALL 29 25 29 21

      2. Comparison of Numbers of Requests from Previous and Current Annual Report—Backlogged Requests

        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

        MCC

        		 0 0
        AGENCY OVERALL 0 0

    5. Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report—Appeals Received, Processed and Backlogged

      1. Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report—Appeals Received and Processed

        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
        MCC 1 2 1 1
        AGENCY OVERALL 1 2 1 1

      2. Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report—Backlogged Appeals

        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
        MCC 0 0
        AGENCY OVERALL 0 0