ANNUAL FOIA REPORT for FY 2009jackie.grossjbrown384432010-03-15T20:52:00Z2010-02-02T21:01:00Z2010-03-15T20:54:00Z20286016303USITC135381912512 ANNUAL FOIA REPORT FY 2009of the African Development FoundationI.Basic Information Regarding Report A.Name, title, address, and telephone number of person(s) to be contacted with questions about the report.June B. BrownAssociate General CounselU.S. African Development Foundation1400 Eye Street NWWashington, DC 20005Telephone: (202) 673-3916B.Electronic address for report on the World Wide Web. www.adf.gov C. How to obtain a copy of the report in paper form: Copies of the annual report can be obtained by writing to: Associate General Counsel U.S. African Development Foundation 1400 Eye Street NW Washington, DC 20005II.MAKING A FOIA REQUESTA.All FOIA requests are to be addressed to:Associate General CounselU.S. African Development Foundation1400 Eye Street NWWashington, DC 20005B.A brief description of why some requests are not granted and an overview of certain general categories of the agency’s records to which the FOIA exemptions apply.A request for records may be denied if the requested record contains information which falls into one or more of the nine categories listed below in Section III.C. If the requested record contains both exempt and non-exempt information, the non-exempt portions which may reasonably be segregated from the exempt portions will be released..III.Acronyms, Definitions, AND EXEMPTIONS A.Agencyspecific acronyms or other terms. ADF/USADF – African Development Foundation/United States African Development FoundationB.Include the following definitions of terms used in this Report: 1.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.2.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 8.3.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. 4.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. 5.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. 6.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. 7.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.)8.Full Grant – an agency decision to disclose all records in full in response to a FOIA request.9.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.10.Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7. 11.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. a.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. b. 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. c.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. 12.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. 13.Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects. 14.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.15.Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.16.Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals. 17.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).C.Include the following concise descriptions of the nine FOIA exemptions:1.Exemption 1: classified national defense and foreign relations information2.Exemption 2: internal agency rules and practices3.Exemption 3: information that is prohibited from disclosure by another federal law4.Exemption 4: trade secrets and other confidential business information5. Exemption 5:inter-agency or intra-agency communications that are protected by legal privileges6.Exemption 6: information involving matters of personal privacy7.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 individual8.Exemption 8: information relating to the supervision of financial institutions9.Exemption 9:geological information on wellsIV.Exemption 3 Statutes As a small independent agency, the ADF has only one FOIA Service Center and, as such, only one reporting component for FOIA purposes (i.e., the agency overall). This is ADF’s first Annual FOIA Report. Exemption 3 Statutes Relied Upon to Withhold InformationStatuteType of Information WithheldCase CitationNumber of Times Relied upon by Agency N/AN/A N/A 0 V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS Column 1Column 2Column 3Column 4 Number 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 Year AGENCY OVERALL 000 0PAGE PAGE 18V.B.(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 belowTotal0000000000000AGENCY OVERALLV.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN EXEMPTIONS" Description of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied uponTOTALAGENCY OVERALLN/AN/AV.B.(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 OVERALL00000000000000VI. A. ADMINSTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTSNumber 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 Year 0 000 Column 1Column 2Column 3Column 4DISPOSITION 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 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.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 Litigation Appeal Based Solely on Denial of Request for Expedited ProcessingOther*Explain in chart below00000000000Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied uponTOTALN/A NONEC. (3)REASONS FOR DENIAL ON APPEAL-“OTHER” REASONS FROM SECTION VI, C (2) CHART C. (4)RESPONSE TIME FOR ADMINSTRATIVE APPEALSMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysN/AN/AN/AN/AC. (5)TEN OLDEST PENDING ADMINSTRATIVE APPEALS Date of Receipt of Ten Oldest AppealsDateN/AN/AN/AN/AN/AN/AN/AN/AN/AN/ANumber of Days Pending0000000000 10th Oldest Appeal 9th 8th 7th 6th 5th 4th 3rd 2nd OldestVII.A. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED and Pending Requests SimpleComplexExpedited 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 OVERALL000000000000B. 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 OVERALLN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A C. (1) 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 OVERALL00000000000000C. (2) PROCESSED REQUESTS – RESPONSE TIME IN DAY INCREMENTSComplex 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 OVERALL00000000000000C. (3) PROCESSED REQUESTS – RESPONSE TIME IN DAY INCREMENTSRequests 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 OVERALL00000000000000SimpleComplexExpedited PROCESSINGNumber PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of DaysAGENCY OVERALLN/AN/AN/AN/AN/AN/AN/AN/AN/AD.PENDING REQUESTS-ALL PENDING PERFECTED REQUESTSAgency Overall10th Oldest Request and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request and Number of Days Pending0000000000E.PENDING REQUESTS – TEN OLDEST PENDING PERFECTED REQUESTS VIII.REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAVIERREQUESTS FOR EXPEDITED PROCESSING Number Granted Number DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar DaysAGENCY OVERALL00000B. REQUESTS FOR FEE WAIVER Number Granted Number DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateAGENCY OVERALL0000IX.FOIA PERSONNEL AND COSTSPERSONNELCosts Number of “Full-Time FOIA Employees”Number of “Equivalent Full-Time FOIA Employees”Total Number of “Full-Time FOIA Staff”(The sum of Columns 1 & 2)Processing Costs(At initial request and appeal levels)Litigation-Related CostsTotal CostsAGENCY OVERALL00.020.02000.Column 1 Column 2Note: The number of “Equivalent Full-Time FOIA Employees” is an estimate that reflects approximately 46 hours of staff time devoted to FOIA program administration for FY 2009. This includes staff time from several personnel who work on the FOIA program as collateral duty.X.FEES COLLECTED FOR PROCESSING REQUESTSTotal Amount of Fees CollectedPercentage of Total CostsAGENCY OVERALL00XI.FOIA REGULATIONS Electronic address for report on the World Wide Web. www.adf.gov22 C.F.R. 1502.1-1502.10XII.A. BACKLOGS, CONSULTATIONS, AND COMPARISONS SEQ CHAPTER \h \r 1Number 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 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 OVERALL0000Column 1Column 2Column 3Column 4C.CONSULTATIONS ON FOIA REQUESTS – TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PENDING AT YOUR AGENCYAgency Overall10th Oldest Consultation and Number of Days Pending9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation and Number of Days Pending0000000000D.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 OVERALL0000 Column 1 Column 2 Column 3 Column 4Column 1Column 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 ReportAGENCYOVERALL00E.COMPARISON OF NUMBERS OF ADMINSTRATIVE APPEALS FROM PREVIOIUS AND CURRENT ANNUAL REPORT – APPEALS RECEIVED, PROCESSED, AND BACKLOGGED Column 1 Column 2 Column 3 Column 4NUMBER 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 ReportAGENCYOVERALL00Column 1 Column 2