In compliance with 5 U.S.C. §552(e) and section 3(c)(ii) of Executive Order 13392, the Office of National Drug Control Policy (ONDCP) submits the attached report on its Freedom of Information Act (FOIA) program. This report addresses the time period for fiscal year 2007 (October 1, 2006 to September 30, 2007). Questions about this report may be addressed to:
A request made under the FOIA must be submitted in writing, by mail or fax, to the following address:
FOIA/PA requesta Freedom of Information Act/Privacy Act request. A FOIA request is generally 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. (All requests for access to records, regardless of which law is cited by the requester, if any, are included in this report.)
Initial Requesta request to a federal agency for access to records under the Freedom of Information Act.
Appeala 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.
Processed Request or Appeala request or appeal for which an agency has taken a final action on the request or the appeal in all respects.
Multi-track processinga 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 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).
Expedited processingan agency will process a FOIA request on an expedited basis when a requester has shown an exceptional need or urgency for the records which warrants prioritization of his or her request over other requests that were made earlier.
Simple requesta FOIA request that an agency using multitrack processing places in its fastest (nonexpedited) track based on the volume and/or simplicity of records requested.
Complex requesta FOIA request that an agency using multitrack processing places in a slower track based on the volume and/or complexity of records requested.
Grantan agency decision to disclose all records in full in response to a FOIA request.
10. Partial grantan agency decision to disclose a record in part in response to a FOIA request, deleting information determined to be exempt under one or more FOIA exemptions; or a decision to disclose some records in their entireties, but to withhold others in whole or in part.
Denialan agency decision not to release any part of a record or records in response to a FOIA request because all 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 reason (such as because no record is located in response to a FOIA request).
Time limitsthe 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).
"Perfected" requesta FOIA request for records that adequately describes the records sought, that 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.
Exemption 3 statutea separate federal statute prohibiting the disclosure of a certain type of information and authorizing its withholding under FOIA subsection (b)(3).
Median numberthe middle, not average, number. For example, of 3, 7, and 14, the median number is 7.
Average numberthe 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.
Dayworking day.
IV. Exemption 3 Statutes
No exemptions 3 statutes have been used by the Office of Legal Counsel during the past fiscal year.
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V. Initial FOIA/PA Access Requests:
All access requests, whether first-party or third-party are included.
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|
A. | Numbers of initial requests. |
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| Number of request pending as of end of preceding fiscal year |
0 |
|
Number of request received during current fiscal year |
42
|
|
Number of request process during current fiscal year |
42 |
|
Number of request pending as of end of current fiscal year |
0 |
|
B.
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Disposition of initial requests. |
|
| Number of total grants: |
14
|
| Number of partial grants: |
7
|
| Number of denials: |
0
|
|
a.
| number of times each FOIA exemption used (counting each exemption once per request) |
|
(1)
| Exemption 1: |
0 |
(2)
| Exemption 2: |
0 |
(3)
| Exemption 3: |
0 |
(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): |
0
|
(10)
| Exemption 7(D): |
0
|
(11)
| Exemption 7(E): |
0
|
(12)
| Exemption 7(F): |
0
|
(13)
| Exemption 8: |
0 |
(14)
| Exemption 9: |
0 |
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Other reasons for nondisclosure (total):
|
|
a.
| No records |
18
|
b.
| Referrals |
1 |
c.
| Request withdrawn |
0 |
d.
| Fee-related reason |
0 |
e.
| Records not reasonably described |
0
|
f.
| Not a proper FOIA request for some other reason |
0 |
g.
| Not an agency record |
2
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h.
| Duplicate request |
0 |
i.
| Other |
0 |
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VI. Appeals of Initials Denials of FOIA/PA Requests
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Again, all access requests, whether first-party or third-party, are included
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A.
| Numbers of appeals |
|
| Number of appeals received during fiscal year |
0 |
| Number of appeals processed during fiscal year |
0 |
|
B.
| Disposition of appeals |
|
| Number completely upheld: |
0 |
| Number partially reversed: |
0 |
| Number completely reversed: |
0 |
|
a.
| number of times each FOIA exemption used
(counting each exemption once per appeal) |
|
(1)
| Exemption 1: |
0 |
(2)
| Exemption 2: |
0 |
(3)
| Exemption 3: |
0 |
(4)
| Exemption 4: |
0 |
(5)
| Exemption 5: |
0 |
(6)
| Exemption 6: |
0 |
(7)
| Exemption 7: |
0 |
(8)
| Exemption 8: |
0 |
(9)
| Exemption 9: |
0 |
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Other reasons for appeal
|
a.
| No records |
0 |
b.
| Referrals |
0 |
c.
| Request withdrawn |
0 |
d.
| Fee-related reason |
0 |
e.
| Records not reasonably described |
0 |
f.
| Not a proper FOIA request for some other reason |
0 |
g.
| Not an agency record |
0 |
h.
| Duplicate request |
0 |
i.
| Other (specify) |
0 |
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VII. Compliance with Time Limits/Status of Pending Requests:
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Requests are counted from the time at which a request is "perfected."
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A.
| Median
processing time for requests processed during the year. |
| - Number of requests processed:
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42
|
| - Median number of days to process:
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20
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B.
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We received one request for expedited processing and granted one request for expedited processing. The expedited request was processed in one day.
|
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C.
| Status of pending requests.
|
|
| - Number of requests pending as of end of current fiscal year
|
0
|
| Median number of days that such request were pending as of that date |
0
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VIII. Comparisons with previous year(s) (Optional)
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IX. Costs/FOIA Staffing:
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A.
| Staffing levels
|
|
| - Number of full-time FOIA personnel:
|
0 |
| - Number of personnel with part-time or occasional FOIA duties
(in total work years)
|
.2 |
| - Total number of personnel (in work-years)
|
.2 |
Note: The employees performing the search of records in each division varies depending upon the type and scope of search being conducted. Therefore, we have only included the personnel performing the review in the FOIA Office. |
|
B.
| Total cost (including staff and all resources). |
$20,000
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Search and review time/fees are tracked when the requester is to incur processing fees. Search and review time is not tracked if charges are to be waived. |
Litigation fees are not tracked. |
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X. Fees:
|
A.
| Total amount of fees collected by agency for processing requests: |
0 |
C.
| Percentage of total costs |
0 |
|
(NOTE: Search and review time is not tracked if charges are to be waived.)
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XI. FOIA Regulations
|
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21 CFR 1401 et seq.
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XII. Report on FOIA Executive Order Implementation
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A. |
Description of supplementation/modification of agency improvement plan (if applicable)
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B. |
Report on agency implementation of its plan, including its performance in meeting milestones, with respect to each improvement area.
1. ONDCP continues to process FOIA requests in a timely manner.
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C. |
Identification and discussion of any deficiency in meeting plan milestones (if applicable).
1. FOIA Improvement Plan area to which the deficient milestone relates.
Improvement in Rewards System
2. Deficient milestone and the original target date from the FOIA Improvement Plan.
Rewriting the Position Description and revising the Performance Evaluation of several ONDCP employees, to be completed by October, 2006.
3. Steps taken to correct the deficiency and the dates by which the steps were completed.
ONDCP originally opted to add FOIA duties to position descriptions. However, in early 2007, ONDCP elected to install an electronic records management system. ONDCP determined the new system was a better means to resolve the identified deficiency. This system was installed in early 2007.
4. Future remedial steps and the dates by which the steps will be completed.
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D. |
Additional narrative statement regarding other executive order-related activities (optional) None
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E. |
Concise descriptions of FOIA exemptions.
Exemption 6…………………………………………………………………used 7
This exemption permits the government to withhold all information about individuals in "personnel and medical files and similar files" when the disclosure of such information "would constitute a clearly unwarranted invasion of personal privacy."
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F. |
Additional statistics.
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| |
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1. Ten oldest pending FOIA requests.
Calendar Year |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
2007 |
Consults Received |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
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2. The number of consultations received, processed, and currently.
Consultations Received From Other Agencies During FY07 |
Consultations Received From Other Agencies That Were Processed by Your Agency During FY07 (includes those received prior to FY07) |
Consultations Received From Other Agencies That Were Pending at Your Agency as of October 1, 2007 (includes those received prior to FY07) |
None |
None |
None |
|
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3. Ten Oldest Consultations Received From Other Agencies.
Calendar Year |
2000 |
2001 |
2002 |
2003 |
2004 |
2005 |
2006 |
2007 |
Consults Received |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
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G. |
Attached agencies original plan.
http://www.whitehousedrugpolicy.gov/about/imprv_disclsr_foia.pdf |