FOIA Requests

I. Basic Information Regarding Report

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 2008 (October 1, 2007 to September 30, 2008). Questions about this report may be addressed to:

Edward Jurith
General Counsel
750 17th Street, N.W. Room 518
Washington, D.C. 20503
(202) 395-6709

This report is available on our website site at http://whitehousedrugpolicy.gov/about/foia.html. Paper copies may be request by contacting Edward Jurith at the above address.

II. MAKING A FOIA REQUEST

1. Name, addresses, and telephone numbers of all individual agency components and offices that receive FOIA requests.

   Office of Legal Counsel
   Attn: General Counsel
   750 17th Street, N.W.
   Washington, D.C. 20503
   Phone: (202) 395-6622
   Fax: (202) 395-5543

2. 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.

   Most denials result from a “no records response” because requesters confuse ONDCP with the DEA or another drug control agency. General categories of ONDCP records to which FOIA exemptions apply include personnel records and interagency communications.

III. Acronyms, Definitions, AND EXEMPTIONS

1. Agency-specific acronyms or terms used in this report.

   Office of National Drug Control Policy, Office of Legal Counsel – ONDCP (OLC)

2. 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.

       1. 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.

       2. 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.

       3. 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).

3. Descriptions of the nine FOIA exemptions:

   1. Exemption 1: classified national defense and foreign relations information

   2. Exemption 2: internal agency rules and practices

   3. Exemption 3: information that is prohibited from disclosure by another federal law

   4. Exemption 4: trade secrets and other confidential business information

   5. Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges

   6. Exemption 6: information involving matters of personal privacy

   7. 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

   8. Exemption 8: information relating to the supervision of financial institutions

   9. Exemption 9: geological information on wells

IV. EXEMPTION 3 STATUTES

A. Exemption 3 Statutes Relied upon to Withhold Information

V. FOIA REQUESTS

A. Received, Processed, and Pending FOIA Requests

B. (1) Disposition of FOIA Requests - All Processed Requests

B. (2) Disposition of FOIA Requests - "Other" Reasons for "Full Denials Based on Reasons Other than Exemptions" from Section V, B (1) Chart

B. (3) Disposition of FOIA Requests - Number of Times Exemptions Applied

VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS

A. Received, Processed, and Pending Administrative Appeals

B. Disposition of Administrative Appeals - All Processed Appeals

C. (1) Reasons for Denial on Appeal - Number of Times Exemptions Applied

No exemptions were used in this appeal. Even though, the requestor appealed, there were no records to be given to requestor.

C. (2) Reasons for Denial on Appeal - Reasons Other than Exemptions

C. (3) Reasons for Denial on Appeal - "Other" Reasons from Section VI, C (2) Chart

C. (4) Response Time for Administrative Appeals

C. (5) Ten Oldest Pending Administrative Appeals

VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS

A. Processed Requests - Response Time for All Processed Perfected Requests

B. Processed Requests - Response Time for Perfected Requests in Which Information Was Granted

C. Processed Requests - Response Time in Day Increments

D. Pending Requests - All Pending Perfected Requests

E. Pending Requests - Ten Oldest Pending Perfected Requests

VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER

A. Requests for Expedited Processing

B. Requests for Fee Waiver

IX. FOIA PERSONNEL AND COSTS

* 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.
** Litigation fees are not tracked.

X. FEES COLLECTED FOR PROCESSING REQUESTS

XI. FOIA REGULATIONS

21 CFR 1401 et seq www.gpoaccess.gov/cfr/index.html

XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS

A. Backlogs of FOIA Requests and Administrative Appeals

B. Consultations on FOIA Requests - Received, Processed, and Pending Consultations

C. Consultations on FOIA Requests - Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency

D. Comparison of Numbers of Requests from Previous and Current Annual Report - Requests Received, Processed, and Backlogged

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

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Pursuant to the Federal Activities Inventory Reform (FAIR) Act, be advised that the Office of National Drug Control Policy (ONDCP) does not perform any commercial activities by in-house employees. more

Information Quality Guidelines

The Office of National Drug Control Policy publishes these guidelines in accordance with the Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by Federal Agencies (Government-wide guidelines) published in interim final form by OMB in the Federal Register in Volume 66, No. 189 at 49718 on Friday, September 28, 2001, and in final form in Volume 2, No. 67 at 8452 on February 22, 2002.

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Process For Confidential Financial Disclosure Report Filers

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