FREEDOM OF INFORMATION ACT
ANNUAL REPORT
FISCAL YEAR 1999
This report contains information in the format
prescribed by the EFOIA.
I. Basic Information
A. Name, Title, Address and telephone number
of person(s) to contact with questions about the
report:
Barbara Freimann
Chief, Information Access and Release Center
14675 Lee Road
Chantilly, VA 20151-1715
(703) 808-5029
FAX (703) 808-5082
B. Electronic address for report on the World
Wide Web:
http//www.nro.gov/foia/index6.html
C. How to obtain a copy of the report in paper
form:
Written request can be submitted by mail to:
Barbara Freimann
Chief, Information Access and Release Center
14675 Lee Road
Chantilly, VA 20151-1715
(703) 808-5029
FAX (703) 808-5082
II. How to Make a FOIA Request
Submit a written request to the mail address
above. Transmission via facsimile also is acceptable.
The facsimile number is (703) 808-5082. Although
a simple letter of request is sufficient, see
our FOIA web site at the electronic address at
section I above, for suggestions in making your
request.
A. Names, addresses, and telephone numbers of
all individual agency components and offices that
receive FOIA requests.
The mailing address in section I.A. above is
the single, central office that receives all FOIA
requests for the NRO.
B. Brief description of the agency's response-time
ranges.
FOIA requests are routinely responded to in
the allotted 20 working days. Those requests requiring
more time depend on the amount of information
requested, legal issues involved and the availability
of records requested.
C. Brief description of why some requests are
not granted.
Requests or parts of requests that are not granted
largely have been denied because of compliance
with the national security-related laws of the
United States. In particular, the NRO, like all
other U.S. intelligence agencies, has the responsibility
to protect intelligence sources and methods from
disclosure. This responsibility frequently prevents
the release of records or parts of records. Further
details are in section IV.A. below.
III. Definitions of Terms and Acronyms Used in
the Report
A. Agency-specific acronyms or other terms.
None
B. Basic terms
1. FOIA/PA Request - Freedom of Information
Act/Privacy Act request. A FOIA request generally
is a request for access to records concerning
a third party, an organization, or a particular
topic of interest. A Privacy Act request is a
request for records concerning oneself. Such requests
are also treated as FOIA requests.
2. Initial Request - a request to a federal
agency for access to records under the Freedom
of Information Act.
3. Appeal - a request to a federal agency asking
that it review at a higher administrative level
a full denial or partial denial of access to records
under the Freedom of Information Act, or any other
FOIA determination such as a matter pertaining
to fees.
4. Processed Request or Appeal - a request or
appeal for which an agency has taken a final action
on the request or the appeal in all respects.
5. Multi-tract Processing - a system in which
simple requests requiring relatively minimal review
are placed in one processing tract and more voluminous
and complex requests are placed in one or more
other tracks. Requests in each track are processed
on a first-in/first-out basis. A requester who
has an urgent need for records may request expedited
processing (see below).
6. Expedited Processing - an agency will process
a FOIA request on a expedited basis when a requester
has shown an exceptional need or urgency for the
records which warrant prioritization of his or
her request over other requests that were made
earlier.
7. Simple Request - a FOIA request that an agency
using multi-track processing places in its fastest
(non-expedited) track based on the volume and/or
simplicity of records requested.
8. Complex Request - a FOIA request that an
agency using multi-track processing places in
a slower tract based on the volume and/or complexity
of records requested.
9. Grant - an agency decision to disclose all
records in full in response to a FOIA request.
10. Partial Grant - an agency decision to disclose
a record in partial response to a FOIA request,
deleting information determined to be exempt under
one or more of the FOIA's exemptions; or a decision
to disclose some records in their entirety, but
to withhold others in whole or in part.
11. Denial - an agency decision not to release
any part of a record or records in response to
a FOIA request because all of the information
in the requested records is determined by the
agency to be exempt under one or more of the FOIA's
exemptions, or for some procedural reasons (such
as because no record is located in response to
a FOIA request).
12. Time Limits - the time period in the Freedom
of Information Act for an agency to respond to
a FOIA request (ordinarily 20 working days from
proper receipt of a "perfected" FOIA
request).
13. "Perfected" request - a FOIA request
for records which adequately described the records
sought, which has been received by the FOIA office
of the agency or agency component in possession
of the records, and for which there is no remaining
question about the payment of applicable fees.
14. Exemption 3 statute - a separate federal
statute prohibiting the disclosure of a certain
type of information and authorizing its withholding
under FOIA subsection (b)(3).
15. Median number - the middle, not average,
number. For example, of 3,7 and 14, the median
number is 7.
16. Average number - the number obtained by
dividing the sum of a group of numbers by the
quantity of numbers.
IV. Exemption 3 Statutes
List of Exemption 3 Statutes relied on by agency
during current fiscal year:
National Security Act of 1947, as amended, codified
at 50 U.S.C. §403-3 (c)(6) and National Defense
Authorization Act of 1997, codified at 10 U.S.C.
§424.
Brief description of type(s) of information
withheld under each statute:
The National Security Act of 1947 exempts from
release certain information that, if released,
reasonably could be expected to lead to the unauthorized
disclosure of intelligence sources and methods
that the Director of Central Intelligence is charged
with protecting.
The National Defense Authorization Act of 1997
exempts from release organizational and personnel
information for the National Reconnaissance Office.
V. Initial FOIA/PA Access Requests
A. Number of initial requests
1. Requests pending as of end of preceding year:
42
2. Requests received during current fiscal year:
103
3. Requests processed during current fiscal
year: 108
4. Requests pending as of end of current fiscal
year: 37
B. Disposition of initial requests
1. Number of total grants: 7
2. Number of partial grants: 31
3. Number of denials: 20
a. number of times each FOIA exemption used (counting
each exemption once per request):
(1) Exemption 1: 30
(2) Exemption 2: 0
(3) Exemption 3: 30
(4) Exemption 4: 0
(5) Exemption 5: 0
(6) Exemption 6: 7
(7) Exemption 7(a): 0
(8) Exemption 7(b): 0
(9) Exemption 7(c): 1
(10) Exemption 7(d): 0
(11) Exemption 7(e): 0
(12) Exemption 7(f): 0
(13) Exemption 8: 0
(14) Exemption 9: 0
4. Other reasons for nondisclosure (total): 50
a. no records: 37
b. referrals: 3
c. request withdrawn: 3
d. fee-related reason: 4
e. records not reasonably described: 0
f. not a proper FOIA request: 6
g. not an agency record: 0
h. duplicate request: 0
i. other: 0
VI. Appeals of Initial Denials of FOIA/PA Requests
A. Number of appeals
1. Number of appeals received during fiscal year:
no record
2. Number of appeals processed during fiscal
year:11
B. Disposition of appeals
1. Number completely upheld: 7
2. Number partially reversed: 0
3. Number completely reversed: 0
a. Number of times each FOIA exemption used (counting
each exemption once per appeal):
(1) Exemption 1: 6
(2) Exemption 2: 0
(3) Exemption 3: 0
(4) Exemption 4: 0
(5) Exemption 5: 0
(6) Exemption 6: 0
(7) Exemption 7(a): 0
(8) Exemption 7(b): 0
(9) Exemption 7(c): 0
(10) Exemption 7(d): 0
(11) Exemption 7(e): 0
(12) Exemption 7(f): 0
(13) Exemption 8: 0
(14) Exemption 9: 0
4. Other reasons for nondisclosure (total):
4
a. no records: 4
b. referrals: 0
c. request withdrawn: 0
d. fee-related reason: 0
e. records not reasonably described: 0
f. not a proper FOIA request: 0
g. not an agency record: 0
h. duplicate request: 0
i. other: 0
VII. Compliance with Time Limits/Status of Pending
Requests
A. Median processing time for requests processed
during the year
1. Simple requests
a. number of requests processed: 72
b. median number of days to process: 21
2. Complex request
a. number of request processed: 36
b. median number of days to process: 148
3. Requests accorded expedited processing
a. number of requests processed: 0
b. median number of days to process: Not Applicable
B. Status of pending requests
1. Requests pending as of end of current fiscal
year: 37
2. Median number of days that such requests
were pending as of that date: 689
VIII. Comparisons with Previous Year(s) (Optional)
IX. Costs/FOIA Staffing
A. Staffing levels
1. Number of full-time FOIA personnel: 5.00
2. Number of personnel with part-time FOIA duties
(estimated FTE): .5
3. Total estimated number of personnel (FTE):
5.5
B. Total estimated costs (including staff and
all resources)
1. FOIA processing (including appeals): $438,500.00
2. Litigation-related activities: 0
3. Total estimated costs: $438,500.00
C. Statement of additional resources needed
for FOIA compliance (optional)
X. Fees
Total amount of fees collected for processing
requests: $641
XI. FOIA Regulations (Including Fee Schedule)
NRO FOIA regulations are codified at 32 CFR Part
296 and can be obtained by contacting the Information
Access and Release Center (See section I.A.),
by referencing the Federal Register, Vol. 32 or
by accessing the Internet at http//www.nro.gov/foia.
|