Federal Financial Institutions Examination Council (FFIEC)Annual Freedom of Information Act Report
Fiscal Year 2017(For the period 10/01/2016 through 09/30/2017)
I. BASIC INFORMATION REGARDING THIS REPORT
1. The FFIEC contact person for questions about this report is Judith E. Dupre, ExecutiveSecretary, FFIEC, 3501 Fairfax Drive, Room B7081a, Arlington, VA, 22226-3550; telephone:(703) 516-5590, fax: (703) 562-6446.
2. This report is available on the FFIEC website at http://www.ffiec. ov.
3. A paper copy of this report maybe obtained by downloading it from the FFIEC website or byrequesting a copy from the FFIEC FOIA Public Liaison, FFIEC, 3501 Fairfax Drive, RoomB7081a, Arlington, VA, 22226-3550; telephone: (703) 516-5591, fax: (703) 562-6446 or e-mail:rpiccirilli(a,fdic.gov.
4. This report conforms to the guidance outlined in the 2013 "Department of Justice Handbook forAgency Annual Freedom of Information Act Reports" so that content below, where applicable isformatted directly from the Department of Justice Annual FOIA Report tool to ensureconsistency between the two versions of the Annual FOIA Report that agencies are required toprovide.
II. MAHING A FOIA REQUEST TO THE FFIEC
All FOIA requests to the FFIEC must be in writing and directed to the FFIEC, Attn: ExecutiveSecretary, 3501 Fairfax Drive, Room B7081a, Arlington, VA, 22226-3550. Requests may alsobe submitted electronically through the FFIEC's Electronic FOIA Office on the website athttp://www.ffiec.~ov/foia.htm using the email link provided: FOIA(a~ffiec. o~v. The FFIEC'sFOIA Guide is available on the FFIEC website at http://www.ffiec.~ov/foia.htm.
2. Some FOIA requests are denied in whole or in part because the information requested isexempted from disclosure by the FOIA (5 U.S.C. §552 (b)). The exemptions most oftenapplicable to information requested from the FFIEC include (b)(4), (b)(6) and (b)(8). The FFIECreceives a great deal of privileged and private financial information concerning individuals,businesses, and banking entities by virtue of its role as the interagency body empowered toprescribe uniform principles, standards, and report forms for the federal examination of financialinstitutions by the Board of Governors of the Federal Reserve System (FRB), the FederalDeposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), theOffice of the Comptroller of the Currency (OCC), and the Consumer Financial ProtectionBureau (CFPB), and to make recommendations to promote uniformity in the supervision offinancial institutions. Exemptions (b)(4) and (b)(6) are invoked to withhold confidential orprivileged material received by the FFIEC. The FFIEC invokes FOIA exemption (b)(8) to
withhold financial institution examination reports and related information. Other exemptionsmaybe used occasionally. In some cases, records cannot be located.
3. The FFIEC FOIA regulations and fee schedule are found at 12 CFR § 1101.4 and are available athtt~ps://www.ecfr.~ov/chi-bin/text-idx?SID=321921 d0718522e8a670e4ccel c13986&mc=true&node=se12.10.1101 14&ran—div8.
III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS
1. There are no FFIEC-specific acronyms or other terms used in this report.
2. Definition of terms used in this report:
a. Administrative Appeal — a request to a federal agency asking that it review at a higheradministrative level a FOIA determination made by the agency at the initial request level.
b. Average Number —the number obtained by dividing the sum of a group of numbers by thequantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8.
c. Backlog —the number of requests or administrative appeals that are pending at an agency atthe end of the fiscal year that are beyond the statutory time period for a response.
d. Component —for agencies that process requests on a decentralized basis, a "component" isan entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate,within the agency that processes FOIA requests.
e. Consultation —the procedure whereby the agency responding to a FOIA request firstforwards a record to another agency for its review because that other agency has an interest inthe 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 theFOIA requester.
£ Exemption 3 Statute — a federal statute that exempts information from disclosure and uponwhich the agency relies to withhold information under subsection (b)(3) of the FOIA.
g. FOIA Request — a FOIA request is generally a request to a federal agency for access torecords concerning another person (i.e., a "third-party" request), or concerning anorganization, or a particular topic of interest. FOIA requests also include requests made byrequesters seeking records concerning themselves (i.e., "first-party" requests) when thoserequesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because allfirst-party requesters should be afforded the benefit of both the access provisions of the FOIAas well as those of the Privacy Act, FOIA requests also include any first-party requests wherean agency determines that it must search beyond its Privacy Act "systems of records" orwhere a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatestpossible 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 recordsreferred 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 anotheragency. (Consultations are reported separately in Section XII of this report.)
h. Full Grant — an agency decision to disclose all records in full in response to a FOIA request.
i. Full Denial — an agency decision not to release any records in response to a FOIA requestbecause 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, themedian number is 7.
k. Multi-Track Processing — a system in which simple requests requiring relatively minimalreview are placed in one processing track and more voluminous and complex requests areplaced in one or more other tracks. Requests granted expedited processing are placed in yetanother 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 basiswhen a requester satisfies the requirements for expedited processing as set forth in thestatute and in agency regulations.
ii. Simple Request — a FOIA request that an agency using multi-track processing placesin its fastest (non-expedited) track based on the low volume and/or simplicity of therecords requested.
iii. Complex Request — a FOIA request that an agency using multi-track processingplaces in a slower track based on the high volume and/or complexity of the recordsrequested.
1. Partial Grant/Partial Denial — in response to a FOIA request, an agency decision to discloseportions of the records and to withhold other portions that are exempt under the FOIA, or tootherwise deny a portion of the request for a procedural reason.
m. Pending Request or Pending Administrative Appeal — a request or administrativeappeal for which an agency has not taken final action in all respects.
n. Perfected Request — a request for records which reasonably describes such records and ismade in accordance with published rules stating the time, place, fees (if any) and proceduresto be followed.
o. Processed Request or Processed Administrative Appeal — a request or administrativeappeal for which an agency has taken final action in all respects.
p. Range in Number of Days —the lowest and highest number of days to process requests or
administrative appeals.
q. 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:
a. Exemption l: classified national defense and foreign relations information.
b. Exemption 2: internal agency rules and practices.
c. Exemption 3: information that is prohibited from disclosure by another federal law.
d. Exemption 4: trade secrets and other confidential business information.
e. Exemption 5: inter-agency or infra-agency communications that are protected by legalprivileges.
£ Exemption 6: information involving matters of personal privacy.
g. Exemption 7: records or information compiled for law enforcement purposes, to the extentthat the production of those records (A) could reasonably be expected to interfere withenforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartialadjudication, (C) could reasonably be expected to constitute an unwarranted invasion ofpersonal privacy, (D) could reasonably be expected to disclose the identity of a confidentialsource, (E) would disclose techniques and procedures for law enforcement investigations orprosecutions, 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.
h. Exemption 8: information relating to the supervision of financial institutions.
i. Exemption 9: geological information on wells.
4. Agency Component Abbreviations
~ Component Abbreviation ~ Component Name ~
TheNe aye no "Agency Component Name or Component Abbreviations "for the FFIEC.
IV. EXEMPTION 3 STATUTES
Total Number
Number of
of
Statute
Type of In
form
atio
nCase Citation
Agency /
Times
Relied upo
nTimes Relied
With
held
Component
by Agency /
upon
Component
by Agency
Over
all
N/A
N/A
N/A
FFI EC
00
V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS
Number ofNumber of Number of Number of
RequestsRequests Requests Requests
Agency /Component Pending as ofReceived Processed Pending as of End
Startin Fiscal Year in Fiscal Year of Fiscal Year
of Fiscal Year
FFI EC 1 35 36 0
0
AGENCY OVERALL 1 35 36 0
V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS
Number of Full Den
ials
Based on Reasons Oth
er than Exemptions
Number
Number
of Partial
Number of
All Re
cord
sRe
cord
sIm
proper
Othe
rAgency /
of Full
Gran
ts /
Full Den
ials
No
Refe
rred
toRe u
est
a
Fee-
not
FOIA
Not
Du licate
p
*Ex l
ain
p
Component
Grants
Partial
Based on
Exemptions
Reco
rds
Anot
her
ithdrawn
RelatedRe
ason
abl
Requ
est
for Ot
her
Agency
Record
Requ
est
in Chart
TOTAL
Denials
Componen
Reason
Desc
ribe
dBe
low
or Agency
Reason
FFIEC
33
611
00
00
58
00
36 0
AGENCY
33
611
00
00
58
00
36
OVERALL
V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALSBASED ON REASONS OTHER THAN EXEMPTIONS"
Number of TimesAgency /
Description of "Other" Reasons for Denials from Chart B(1) "Other" Reason TOTALComponent Was Relied Upon
FFIEC N/A 00
AGENCY ~OVERALL
V.B.
(3).
DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED
Agency /
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
Component
FFIEC
00
00
62
00
00
00
00
AGENCY
00
00
62
00
00
00
00
OVERALL
VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS --RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS
Agency /ComponentNumber of AppealsPending as of Start
of Fiscal Year
Number ofAppeals Received
in Fiscal Year
Number ofAppeals Processed
in Fiscal Year
Number of AppealsPending as of End
of Fiscal Year
FFIEC 0 6 0 6
0
AGENCY OVERALL 0 6 0 6
VI.B
. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS
Number Partially
Number Com
plet
ely
Number of Ap
peal
s
Agency /Component
Number Affirmed on
Affirmed &Partially
Reversed/Remanded on
Clos
ed for
Oth
erTOTAL
Appe
alReversed/Remanded on
Appe
alReasons
Appe
al
FFIEC
00
00
0 0
AGENCY OVERALL
00
00
0
VI.C.(1). REASONS FOR DENIAL ON APPEAL --NUMBER OF TIMES EXEMPTIONS APPLIED
Agency /
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
Component
FFIEC
00
00
00
00
00
00
00
AGENCY
00
00
00
00
00
00
00
OVERALL
VI.C
.(2)
. REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS
Appe
al
Reco
rds
Base
d
Refe
rred
aFe
e-Re
cord
sIm
prop
erNot
Duplicat
eSo
lely
on
Othe
r*E
xpla
inAgency /
No
Init
ial
Requ
est
Related
not
Requ
est
Agency
Requ
est or
Requ
est in
Deni
al of
inComponent
Reco
rds
Requ
est
With
draw
nReason
Reas
onab
lyfor Ot
her
Record
Appe
alLitigation
Requ
est
chart
Level
Desc
ribe
dReasons
for
belo
wExpedited
Proc
essi
ng
FFIEC
00
00
00
00
00
0
AGENCY
00
00
00
00
00
0OVERALL
VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS
Number of TimesAgency /
Description of "Other" Reasons for Denial on Appeal from Chart C(2) "Other" Reason TOTALComponent
Was Relied Upon
FFIEC N/A 00
AGENCY~OVERALL
VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS
Agency /Component Median Number of DaysAverage Number of
DaysLowest Number of Days
Highest Number ofDays
AGENCY OVERALL 0.00 0.00 0.00 0.00
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS
Agency /
10th
Olde
st9th
8th
7th
6th
5th
4th
3rd
2nd
Oldest
Component
Appe
alAp
peal
Date
of Ap
peal
Number of Days
Pend
ing
Date
of Ap
peal
N/N/
N/N/
2017-04-032017-04-032017-04-032017-04-032017-04-032017-04-03
AGENCY
OVERALL
Number of Days
Pend
ing
00
00
240
240
240
240
240
240
VILA. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS
SIMPLE
COMPLEX
EXPEDITED PROCESSING
Agency /
Component
Medi
anNumber
of Days
Average
Number
of Days
Lowe
stNumber
of Days
High
est
Number
of Days
Medi
anNumber
of Days
Average
Number
of Days
Lowe
stNumber
of Days
Highest
Number
of Days
Medi
anNumber
of Days
Average
Number
of Days
Lowe
stNumber
of Days
High
est
Number
of Days
AGENCY
OVERALL
5.5
7.4
117
32
32
32
32
N/N/
N/N/
VII.
B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS
GRANTED
SIMPLE
COMPLEX
EXPEDITED PROCESSING
Agency /
Component
Medi
anNumber
of Days
Average
Number
of Days
Lowe
stNumber
of Days
Highest
Number
of Days
Median
Number
of Days
Average
Number
of Days
Lowe
stNumber
of Days
High
est
Number
of Days
Medi
anNumber
of Days
Aver
age
Number
of Days
Lowest
Number
of Days
High
est
Number
of Days
AGENCY
OVERALL
77
312
N/N/
N/N/
N/N/
N/N/
VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS
Agency /
<1-20
21-40
41-60
61-80
81-100
101-120121-140141-160161-180181-200201-300301-400
401+
TOTAL
Component
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
FFIEC
30
00
00
00
00
00
30 0
AGENCY
30
00
00
00
00
00
030
OVERALL
VII.
C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS
Agency /
<1-20
21-40
41-60
61-80
81-1
00.101-120121-140141-160161-180181-200201-300301-400
401 +
TOTAL
Component
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
FFIEC
01
00
00
00
00
00
01 0
AGENCY
01
00
00
00
00
00
1OVERALL
VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS
Agency /
<1-20
21-40
41-60
61-80
81-100
101-120121-140141-160161-180181-200201-300301-400
401+
TOTAL
Component
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
Days
FFIEC
00
00
00
00
00
00
0 0
AGENCY
00
00
00
00
00
00
0OVERALL
VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS
SIMPLE
COMPLEX
EXPEDITED PROCESSING
Agency /Component
Number
Pend
ing
Medi
anNumber of
Days
Average
Number of
Days
Number
Pend
ing
Median
Number of
Days
Average
Number of
Days
Number
pend
ing
Medi
anNumber of
Days
Average
Number of
Days
AGENCY OVERALL
0N/
N/0
N/N/
0N/
N/
VILE
. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS
Agency /
Com on
ent
p
10th
Oldest
9th
8th
7th
6th
5th
4th
3rd
2nd
Olde
stRe
ques
tRe
ques
t
Date
of Re
ceip
t
Number of Days
Pend
ing
Date
of Re
ceip
tN/
N/N/
N/N/
N/N/
N/N/
N/AGENCY
OVERALL
Number of Days
Pend
ing
00
00
00
00
00
VIII.A. REQUESTS FOR EXPEDITED PROCESSING
Agency /
Median Number o Average NumberNumber
AdjudicatedComponent
Number Granted Number Denied Days to of Days toWithin Ten
Adjudicate AdjudicateCalendar Days
AGENCYOVERALL 0 1 6 6 1
VIII.B. REQUESTS FOR FEE WAIVER
Agency /Median Number o Average Number
ComponentNumber Granted Number Denied Days to of Days to
Adjudicate Adjudicate
AGENCYOVERALL 0 0 N/ N/
IX. FOIA PERSONNEL AND COSTS
PERSONNEL
COSTS
A enc
/
9
YNumber of "F
ull-
Number of
Total Number of
Com on
ent
p
Time FOIA
"Equ
ival
ent Fu
ll-
"Ful
l-Ti
me FOIA
Processing Costs
Liti
gati
on-R
elat
edTotal Costs
Empl
oyee
s"Time FOIA
Staf
F'Costs
Employees
FFIEC
00.1
0.1
$20,
336.
00$0
.00
$20,
336.
00
0$0
.00
AGENCY
OVERALL
00.1
0.1
$20,336.00
$0.0
0$2
0,33
6.00
X. FEES COLLECTED FOR PROCESSING REQUESTS
Agency /ComponentTotal Amount of Fees
CollectedPercentage of Total
Costs
FFIEC $0.00 0.00%
AGENCY OVERALL $0.00 0.00%
XI.A. NUMBER OF TIMES SUBSECTION USED
Agency /Component Number of Times Subsection Used
FFIEC 0
AGENCY OVERALL 0
XI.B. NUMBER OF SUBSECTION POSTINGS
Agency /ComponentNumber of RecordsPosted by the FOIA
Office
Number of RecordsPosted by Program
Offices
FFIEC 2 14
AGENCY OVERALL 2 14
XII.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS
Agency /ComponentNumber of BackloggedRequests as of End of
Fiscal Year
Number of BackloggedAppeals as of End of
Fiscal Year
FFIEC 0 6
AGENCY OVERALL 0 6
XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, ANDPENDING CONSULTATIONS
Number of Number of Number ofConsultations Received Number of Consultations Received Consultations Received
Agency /Componentfrom Other Agencies Consultations Received from Other Agencies from Other Agencies
that were Pending at the from Other Agencies that were Processed by hat were Pending at theAgency as of Start During the Fiscal Year the Agency During the Agency as of Endof the Fiscal Year Fiscal Year of the Fiscal Year
FFIEC 0 0 0 0
0
AGENCY OVERALL 0 0 0 0
XII.
C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES
AND PENDING AT THE AGENCY
Agency /
Component
10th
Oldest
Consultation
gth
8th
7th
6th
5th
4th
3rd
2nd
Oldest
Consultation
Date
Number of Days
AGENCY
Date
N/N/
N/N/
N/N/
N/N/
N/N/
OVERALL
Number of Days
00
00
00
00
00
XII.
D.(1
). 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
Duri
ng Fiscal Year from
Last
Yea
r's An
nual
Repo
rt
Number Received
Duri
ng Fiscal Year from
Current An
nual
Rep
ort
Number Processed
Duri
ng Fiscal Year from
Last Year s Ann
ual
Repo
rt
Number Pro
cess
edDu
ring
Fiscal Year from
Current An
nual
Rep
ort
FFI EC
33
35
32
36
AGENCY OVERALL
33
35
32
36
XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENTANNUAL REPORT -- BACKLOGGED REQUESTS
Number of Backlogged Number of Backlogged
Agency /ComponentRequests as of End of the Requests as of End of theFiscal Year from Previous Fiscal Year from Current
Annual Report Annual Report
FFIEC 0 0
AGENCY OVERALL 0 0
XII.
E.(1
). 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
Duri
ng Fiscal Year from
Last Yea
r's An
nual
Repo
rt
Number Received
Duri
ng Fiscal Year from
Current An
nual
Rep
ort
Number Pro
cess
edDu
ring
Fiscal Year fro
mLast Years Ann
ual
Repo
rt
Number Processed
Duri
ng Fiscal Year from
Current An
nual
Rep
ort
FFIEC
06
00
AGENCY OVERALL
06
00
XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROMPREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS
Number of Backlogged Number of Backlogged
Agency /ComponentAppeals as of End of the Appeals as of End of theFiscal Year from Previous Fiscal Year from Current
Annual Report Annual Report
FFIEC 0 6
AGENCY OVERALL 0 6
Top Related