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FOIA Annual Report

2012 FOIA Annual Report

For fiscal year 2012, October 1, 2011 through September 30, 2012

February 21, 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 requests in FY 2012 invoking Exemption 4.
      • MCC denied part of one (1) information request in FY2012 invoking Exemption 4.
      • MCC denied part of one (1) information request in FY2012 invoking Exemption 5.
      • MCC denied part of eight (8) information requests in FY2012 invoking Exemption 6.
      • MCC denied four (4) entire information requests in FY2012 because there were no records responsive to the requests.
      • MCC denied one (1) entire information requests in FY2012 because they were not a MCC record.

  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

    1. List of Exemption 3 statutes relied on by MCC during FY 2012

      List of Exemption 3 statutes relied on by MCC during FY 2012
      Statute Type of Information Withheld Case Citation Number of Times Relied upon per Component Total Number of Times Relied upon by Agency
      N/A N/A N/A 0 0

  5. FOIA Requests

    1. Received, Processed and Pending FOIA Requests

      Received, Processed and Pending FOIA Requests
      V.A 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 Fiscal Year
      Agency Overall 0 29 29 0

    2. Disposition of FOIA Requests

      1. Disposition of FOIA Requests—All Processed FOIA Requests
        Disposition of FOIA Requests—All Processed FOIA Requests
        V.B.1 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 Total
                No Records All Records Referred to Another Component or Agency Request Withdrawn Fee-Related Reason Records not Reasonably Described Improper FOIA Request of Other Reason Not Agency Record Duplicate Request Other  
        Agency Overall 9 10 1 4 2 0 0 1 1 1 0 0 29
      2. Disposition of FOIA Requests—“Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V.B.1 Chart
        Disposition of FOIA Requests—“Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V.B.1 Chart
        V.B.2 Description of “Other” Reasons for Denials from Chart B(1) & Number of Times Those Reasons Were Relied Upon Number of Times “Other” Reason Was Relied Upon Total
        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
        V.B.3 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
        Agency Overall 0 0 0 2 1 8 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

      VI.A

      		 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 Fiscal Year
      Agency Overall 0 1 1 0

    2. Disposition of Administrative Appeals—All Processed Appeals

      Disposition of Administrative Appeals—All Processed Appeals
      VI.B Number of 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
      Agency Overall 1 0 0 0 1

    3. Reasons for Denial on Appeal

      1. Reasons for Denial on Appeal—Number of Times Exemptions Applied
        Reasons for Denial on Appeal—Number of Times Exemptions Applied
        VI.C.1 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
        Agency Overall 0 0 0 0 0 0 0 0 0 0 0 0 0 0
      2. Reasons for Denial on Appeal—Reasons Other than Exemptions
        Reasons for Denial on Appeal—Reasons Other than Exemptions
        VI.C.2 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)
        Agency Overall 1 0 0 0 0 0 0 0 0 0 0
      3. Reasons for Denial on Appeal—“Other” Reason from Section VI.C.2 Chart
        Reasons for Denial on Appeal—“Other” Reason from Section VI.C.2 Chart
        VI.C.3 Description of “Other” Reasons for Denial on Appeal from Chart C(2) & Number of Times Those Reasons Were Relied upon Number of Times “Other” Reason Was Relied Upon Total
        Agency Overall N/A 0 0
      4. Response Time for Administrative Appeals
        Response Time for Administrative Appeals
        VI.C.4 Median Number of Days Average Number of Days Lowest Number of Days Highest Number of Days
        Agency Overall 20 20 20 20
      5. Ten Oldest Pending Administrative Appeals
         
        VI.C.5 10th Oldest Appeal 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Appeal
        Date of Receipt of Ten Oldest Appeals N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
        Number of Days Pending 0 0 0 0 0 0 0 0 0 0

  7. FOIA Requests: Response Time for Processed and Pending Requests

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

      Processed Requests—Response Time for All Processed Perfected Requests
      VII.A 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 17 15 3 21 0 0 0 0 0 0 0 0

    2. Processed Requests—Response Time for Perfected Requests in which Information was Granted

      Processed Requests—Response Time for Perfected Requests in which Information was Granted
      VII.B 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 17 15 3 20 0 0 0 0 0 0 0 0

    3. Processed Requests—Response Time in Day Increments

      Simple Requests
      VII.C 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
      Agency Overall 28 1 0 0 0 0 0 0 0 0 0 0 0 29
      Complex Requests
      VII.C 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
      Agency Overall 0 0 0 0 0 0 0 0 0 0 0 0 0 0
      Requests Granted Expedited Processing
      VII.C 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
      Agency Overall 0 0 0 0 0 0 0 0 0 0 0 0 0 0

    4. Pending Requests—All Pending Perfected Requests

      Pending Requests—All Pending Perfected Requests
        Simple Complex Expedited Processing
      VII.D 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 0 0 0 0 0 0 0 0 0 0 0 0

    5. Pending Requests—Ten Oldest Pending Perfected Requests

      Pending Requests—Ten Oldest Pending Perfected Requests

      VII.E

      		10th Oldest Request and Number of Days Pending 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request and Number of Days Pending
      Date of Receipt of Ten Oldest Requests N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
      Number of Days Pending 0 0 0 0 0 0 0 0 0 0

  8. Requests for Expedited Processing and Request for Fee Waiver

    1. Requests for Expedited Processing

      Requests for Expedited Processing

      VIII.A

      		 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 0 0 0

    2. Requests for Fee Waiver

      Requests for Fee Waiver
      VIII.B Number Granted Number Denied Median Number of Days to Adjudicate Average Number of Days to Adjudicate
      Agency Overall 0 0 0 0

  9. FOIA Personnel and Costs

    1. Personnel

    2. Costs

      Costs
      IX.A&B Personnel Costs
        Number 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 Costs Total Costs
      Agency Overall 0 0.15 0.15 $15,000.00 $0 $15,000.00

  10. Fees Collected for Processing Requests

    Fees Collected for Processing Requests
    X. Total amount of Fees Collected Percentage of Total Costs
    AGENCY OVERALL $0 0%

  11. FOIA Regulations

    http://www.mcc.gov/documents/guidance/mcc-foia-regulation.pdf

  12. Backlogs, Consultations and Comparisons

    1. Backlogs of FOIA Requests and Administrative Appeals

      Backlogs of FOIA Requests and Administrative Appeals
      XII.A Number of Backlogged Requests as of End of Fiscal Year Number of Backlogged Appeals as of End of Fiscal Year
      Agency Overall 0 0

    2. Consultations on FOIA Requests—Received, Processed and Pending Consultations

      Consultations on FOIA Requests—Received, Processed and Pending Consultations
      XII.B Number of Consultations Received from Other Agencies that were Pending at MCC 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 MCC During the Fiscal Year Number of Consultations Received from Other Agencies that were Pending at MCC as of End of the Fiscal Year
      Agency Overall 0 0 0 0

    3. Consultations on FOIA Requests—Ten Oldest Consultations Received from Other Agencies and Pending MCC

      Consultations on FOIA Requests—Ten Oldest Consultations Received from Other Agencies and Pending MCC
      XII.C 10th Oldest Consultation and Number of Days Pending 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation and Number of Days Pending
      Date of Receipt of Ten Oldest Consultations N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
      Number of Days Pending 0 0 0 0 0 0 0 0 0 0

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

      Comparison of Numbers of Requests from Previous and Current Annual Report—Requests Received, Processed and Backlogged
      XII.D.1 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
      Agency Overall 26 29 26 29
       
      XII.D.2 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
      Agency Overall 0 0

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

      Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report—Appeals Received, Processed and Backlogged
      XII.E.1 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
      Agency Overall 1 1 1 1
       
      XII.E.2 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
      Agency Overall 0 0

    6. Discussion of Other FOIA Activities (Optional)