IV. Exemption 3 Statutes,,,,,,,,,,,,,, ,,,,,,,,,,,,,, A. This section lists the exemption 3 statutes invoked by NARA in responding to FOIA ,,,,,,,,,,,,,, requests; the types of information withheld most often and court decisions supporting ,,,,,,,,,,,,,, these withholdings.,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, Statute,Type of Information Withheld,Case Citation,Total Number of Times Relied upon by Agency,,,,,,,,,,, 10 U.S.C. § 424,"Organization or any function of, and certain information pertaining to, employees of the Defense Intelligence Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency","Miller v. DOJ, 562 F. Supp. 2d 82, 112 (D.D.C. 2008); Wickwire Gavin, P.C. v. Def. Intelligence Agency, 330 F. Supp. 2d 592, 602 (E.D. Va. 2004).",2,,,,,,,,,,, 18 U.S.C. §§ 2510-20,"Wiretap requests and the contents of any wire, oral, or electronic communication obtained through wiretaps","Mendoza v. DEA, No. 07-5006, 2007 U.S. App. LEXIS 22175 (D.C. Cir. Sept. 14, 2007) (per curiam); Lam Lek Chong v. DEA, 929 F.2d 729, 733 (D.C. Cir. 1991); Payne v. DOJ, No. 96-30840, slip op. at 5-6 (5th Cir. July 11, 1997).",2,,,,,,,,,,, (Title III of the Omnibus Crime Control and Safe Streets Act),,,,,,,,,,,,,, 26 U.S.C. §§ 6103,Certain tax return information ,Church of Scientology v. IRS 484 U.S. 9 (1987),3,,,,,,,,,,, (Internal Revenue Code),,,,,,,,,,,,,, 50 U.S.C. § 403g (Central Intelligence Agency Act of 1949),"Intelligence sources and methods; certain information pertaining to Agency employees, specifically: ""the organization, functions, names, official titles, salaries, or numbers of personnel employed by the Agency""","Larson v. Dep't of State, 565 F.3d 857, 865 n.2 (D.C. Cir. 2009); Berman v. CIA, 501 F.3d 1136, 1137-38, 1140 (9th Cir. 2007); Makky v. Chertoff, 489 F. Supp. 2d 421, 442 (D.N.J. 2007), aff'd on other grounds, 541 F. 3d 205 (3d Cir. 2008).",3,,,,,,,,,,, 50 U.S.C. §421,"Identities of US Undercover Intelligence Officers, Agents, Informants and Sources",,2,,,,,,,,,,, (Intelligence Identities Protection Act of 1982),,None,,,,,,,,,,,, "50 U.S.C. § 435 Note Sec. 1082, P.L. 102-190",Information concerning US Personnel Classified as POW/MIA during the Vietnam and Korean Conflicts,,2,,,,,,,,,,, ,,None,,,,,,,,,,,, F.R.Cr.P. 6(e),Grand Jury Information,"Sussman v. USMS, 494 F.3d 1106, 1113 (D.C. Cir. 2007); Fund for Constitutional Gov't v. Nat'l Archives & Records Serv., 656 F.2d 856, 867-68 (D.C. Cir. 1981); Durham v. U.S. Atty. Gen., No. 06-843, 2008 WL 620744, at *2 (E.D. Tex. Mar. 3, 2008); Cozen O'Connor v. U.S. Dep't of Treasury, 570 F. Supp. 2d 749, 776 (E.D. Pa. 2008).",11,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, V. FOIA Requests,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "A. Received, Processed and Pending FOIA Requests",,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,Number of Requests Pending as of Start of Fiscal Year,Number of Requests Received in Fiscal Year,Number of Requests Processed in Fiscal Year,Number of Requests Pending as of End of Fiscal Year,,,,,,,,,, Agency Overall,"5,781","18,581","17,508","6,854",,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, B (1) Disposition of FOIA Requests — All Processed Requests,,,,,,,,,,,,,, ,,,Number of Full Denials Based on Reasons Other than Exempt,,,,,,,,,,, ,Number of Full Grants,Number of Partial Grants/ Partial Denials,Number of Full Denials Based on Exemptions,"No Records",All Records Referred to Another Component or Agency,"Request Withdrawn","Fee- Related Reason","Records not Reasonably Described","Improper FOIA Request for Other Reasons",Not Agency Record,"Duplicate Request","Other Explain in chart below ",TOTAL, "AGENCY OVERALL ",430,135,7,"16,596",44,19,6,97,39,6,27,102,17508, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,"B. (2) Disposition of FOIA Requests — ""Other"" Reasons for ""Full Denials Based ",,,,,,,,,,,,, ,"on Reasons Other than Exemptions"" from Section V, B (1) Chart.",,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,Component,Description of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied upon,TOTAL,,,,,,,,,,, ,Agency Overall,Presidential Records Act 102,102,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, B. (3) Disposition of FOIA Requests — Number of Times Exemptions Applied,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,"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" AGENCY OVERALL,81,17,55*,9,19,107,1,0,34,19,5,1,0,0 ,,,,,,,,,,,,,, "* According to our data there are thirty instances where (b)(3) was cited as the reason for withholding information, however no qualifying statute was identified.",,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, VI. Administrative Appeals of Initial Determinations of FOIA Requests,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "A.Received, Processed and Pending Administrative Appeals",,,,,,,,,,,,,, "Number of Appeals Pending as of Start of Fiscal Year","Number of Appeals Received in Fiscal Year","Number of Appeals Processed in Fiscal Year","Number of Appeals Pending as of End of Fiscal Year",,,,,,,,,,, 29,43,66,6,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, B.Description of Administrative Appeals — All Processed Appeals,,,,,,,,,,,,,, "Number Affirmed on Appeal","Number Partially Affirmed & Partially Reversed/Remanded on Appeal","Number Completely Reversed/Remanded on Appeal","Number of Appeals Closed for Other Reasons",TOTAL,,,,,,,,,, 49,5,7,5,66,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, C.(1) Reasons for Denial on Appeal — Number of Times Exemptions Applied ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, Ex.,Ex.,Ex.,Ex.,Ex.,Ex.,Ex.,Ex.,Ex.,Ex.,Ex.,Ex.,Ex.,Ex., 1,2,3,4,5,6,7(A),7(B),7(C),7(D),7(E),7(F),8,9, 1,1,4,0,4,7,0,0,4,3,0,0,0,0, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, C. (2) Reasons for Denial on Appeal-- Reasons Other Than Exemptions,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "No Records",Records Referred at Initial Request Level,"Request Withdrawn","Fee- Related Reason","Records not Reasonably Described","Improper Request for Other Reasons",Not Agency Record,"Duplicate Request or Appeal",Request in Litigation,Appeal Solely on Denial of Request for Expedited Processing,"Other ",,,, 14,1,3,7,3,1,11,1,0,0,3,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "C. (3) Reasons for Denial on Appeal-- ""Other"" Reasons from Section VI, C (2) Chart",,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied upon,TOTAL,,,,,,,,,,,,, "1.        Multi-faceted appeal concerning expedited processing, fees, and declassification of records.",3,,,,,,,,,,,,, ,,,,,,,,,,,,,, 2.        Appeal withdrawn after requester accepted NARA’s explanation that no documents were withheld after reviewing the files in the Archives II Research Room.,,,,,,,,,,,,,, ,,,,,,,,,,,,,, 3.        Appeal withdrawn because the subject of the request was no longer being considered for a presidential appointment. ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, C. (4) Response Time for Administrative Appeals,,,,,,,,,,,,,, ,,,,,,,,,,,,,, Median Number of Days,Average Number of Days,Lowest Number of Days,Highest Number of Days,,,,,,,,,,, 586,18,3,"1,404",,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, C. (5) Ten Oldest Pending Administrative Appeals,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,"DATE OF RECEIPT OF 10TH OLDEST APPEAL AND NUMBER OF DAYS PENDING",9th,8th,7th,6th,5th,4th,3rd,2nd,"DATE OF RECEIPT OF OLDEST APPEAL AND NUMBER OF DAYS PENDING",,,, ,N/A,N/A,N/A,N/A,"July 23, 2009","May 1, 2009","October 1, 2008","September 29, 2009","August 4, 2008","June 6, 2008",,,, AGENCY OVERALL,0,0,0,292,49,106,251,256,292,332,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, VII. FOIA Requests: Response Time for Processed and Pending Requests,,,,,,,,,,,,,, A. Processed Request-- Response Time for All Processed Perfected Requests,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,SIMPLE,,,,COMPLEX,,,,EXPEDITED PROCESSING,,,,, ,MEDIAN NUMBER OF DAYS,AVERAGE NUMBER OF DAYS,"LOWEST NUMBER OF DAYS","HIGHEST NUMBER OF DAYS",MEDIAN NUMBER OF DAYS,AVERAGE NUMBER OF DAYS,"LOWEST NUMBER OF DAYS","HIGHEST NUMBER OF DAYS",MEDIAN NUMBER OF DAYS,AVERAGE NUMBER OF DAYS,"LOWEST NUMBER OF DAYS","HIGHEST NUMBER OF DAYS",, Agency Overall ,5,10.91,1,"1,409",41,264.16,2,"2,978",N/A*,N/A*,N/A*,N/A*,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, B. Processed Requests--Response Time for Perfected Requests in Which Information Was Granted,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,SIMPLE,,,,COMPLEX,,,,EXPEDITED PROCESSING,,,,, ,MEDIAN NUMBER OF DAYS,AVERAGE NUMBER OF DAYS,"LOWEST NUMBER OF DAYS","HIGHEST NUMBER OF DAYS",MEDIAN NUMBER OF DAYS,AVERAGE NUMBER OF DAYS,"LOWEST NUMBER OF DAYS","HIGHEST NUMBER OF DAYS",MEDIAN NUMBER OF DAYS,AVERAGE NUMBER OF DAYS,"LOWEST NUMBER OF DAYS","HIGHEST NUMBER OF DAYS",, AGENCY OVERALL,15,72.23,1,"1,182",75,353.07,1,"2,978",N/A*,N/A*,N/A*,N/A*,, ,,,,,,,,,,,,,, "*Note: At this time NARA’s data system, Performance Measurement and Reporting System, is not programmed to calculate the processing times of requests seeking expedited processing. We track and respond to expedited requests but cannot follow them through the life cycle to completion. We expect to have the issue resolved in time for the FY 2010 report.",,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,VII.C. PROCESSED REQUESTS -- RESPONSE TIME IN DAY INCREMENTS,,,,,,,,,,,,, ,SIMPLE REQUESTS,,,,,,,,,,,,, ,1-20 DAYS,21-40 DAYS,41-60 DAYS,61-80 DAYS,81-100 DAYS,101-120 DAYS,121-140 DAYS,141-160 DAYS,161-180 DAYS,181-200 DAYS,201-300 DAYS,301-400 DAYS,401+ DAYS,TOTAL AGENCY OVERALL,"15,595",741,321,174,67,41,27,38,11,9,2,8,44,"17,078" ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,COMPLEX REQUESTS,,,,,,,,,,,,, ,1-20 DAYS,21-40 DAYS,41-60 DAYS,61-80 DAYS,81-100 DAYS,101-120 DAYS,121-140 DAYS,141-160 DAYS,161-180 DAYS,181-200 DAYS,201-300 DAYS,301-400 DAYS,401+ DAYS,TOTAL AGENCY OVERALL,181,34,13,18,21,4,3,9,7,11,21,15,93,430 ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,REQUESTS GRANTED EXPEDITED PROCESSING,,,,,,,,,,,,, ,1-20 DAYS,21-40 DAYS,41-60 DAYS,61-80 DAYS,81-100 DAYS,101-120 DAYS,121-140 DAYS,141-160 DAYS,161-180 DAYS,181-200 DAYS,201-300 DAYS,301-400 DAYS,401+ DAYS,TOTAL AGENCY OVERALL,N/A*,N/A*,N/A*,N/A*,N/A*,N/A*,N/A*,N/A*,N/A*,N/A*,N/A*,N/A*,N/A*,N/A* ,,,,,,,,,,,,,, "*Note: At this time NARA’s data system, Performance Measurement and Reporting System, is not programmed to calculate the processing times of requests seeking expedited processing. We track and respond to expedited requests but cannot follow them through the life cycle to completion. We expect to have the issue resolved in time for the FY 2010 report.",,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, D.Pending Requests — All Pending Perfected Requests,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,SIMPLE,,,COMPLEX,,,EXPEDITED PROCESSING,,,,,,, ,"Number Pending","Median Number of Days","Average Number of Days","Number Pending","Median Number of Days","Average Number of Days","Number pending","Median Number of Days","Average Number of Days",,,,, "AGENCY OVERALL","1,308",832,948.30,"4,411",986,1224.31,N/A*,N/A*,N/A*,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "*Note: At this time NARA's data system, Performance Measurement and ",,,,,,,,,,,,,, "Reporting System, is not programmed to calculate the processing times of ",,,,,,,,,,,,,, requests seeking expedited processing. We track and respond to expedited ,,,,,,,,,,,,,, requests but cannot follow them through the life cycle to completion. We expect ,,,,,,,,,,,,,, to have the issue resolved in time for the FY 2010 report.,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, E.Pending Requests — Ten Oldest Pending Perfected Requests,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,"10TH OLDEST REQUEST AND NUMBER OF DAYS PENDING",9th,8th,7th,6th,5th,4th,3rd,2nd,"OLDEST REQUEST AND NUMBER OF DAYS PENDING",,,, "AGENCY OVERALL","3/14/1994 5,721 days","3/5/94 5,760","2/22/94 5,771","1/4/94 5,820","11/09/93 5,876","10/10/93 5,906","9/9/93 5,937","8/31/93 5,974","10/22/92 6,259","9/21/92 6,209",,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, A.Requests for Expedited Processing,,,,,,,,,,,,,, ,"Number Granted","Number Denied","Median Number of Days to Adjudicate","Average Number of Days to Adjudicate","Number Adjudicated Within Ten Calendar Days",,,,,,,,, "AGENCY OVERALL",13,39,5,5,52,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, B.Requests for Fee Waiver,,,,,,,,,,,,,, ,"Number Granted","Number Denied","Median Number of Days to Adjudicate","Average Number of Days to Adjudicate",,,,,,,,,, "AGENCY OVERALL",3,171,5,174,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, IX. FOIA PERSONNEL AND COSTS,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,PERSONNEL,,,COSTS,,,,,,,,,, ,"Number of ""Full-Time FOIA Employees""","Number of ""Equivalent Full-Time FOIA Empyees""","Total Number of ""Full-Time FOIA Staff""","Processing Costs","Litigation- Related Costs",Total Costs,,,,,,,, AGENCY OVERALL,0,25,0,"2,758,186",N/A,"2,758,186",,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, X. Fees Collected for Proccessing Requests,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,"Total Amount of Fees Collected",Percentage of Total Costs,,,,,,,,,,,, "AGENCY OVERALL",$433.00,<1%,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS",,,,,,,,,,,,,, ,,,,,,,,,,,,,, A.Backlogs of FOIA Requests and Administrative Appeals,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,"Number of Backlogged Requests as of End of Fiscal Year","Number of Backlogged Appeals as of End of Fiscal Year",,,,,,,,,,,, "AGENCY OVERALL","6,856",6,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "B.Consultations on FOIA Requests — Received, Processed, and Pending Consultations",,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "NUMBER OF CONSULTATIONS RECEIVED FROM OTHER AGENCIES THAT WERE PENDING AS OF START OF THE FISCAL YEAR*","NUMBER OF CONSULTATIONS RECEIVED FROM OTHER AGENCIES DURING THE FISCAL YEAR","NUMBER OF CONSULTATIONS RECEIVED FROM OTHER AGENCIES THAT WERE PROCESSED DURING THE FISCAL YEAR","NUMBER OF CONSULTATIONS RECEIVED FROM OTHER AGENCIES THAT WERE PENDING AS OF END OF THE FISCAL YEAR",,,,,,,,,,, 0,0,0,0,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, C. Consultations on FOIA Requests — Ten Oldest Consultations Received from Other Agencies and Pending at NARA,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,"10th Oldest Consultation and Number of Days Pending"," 9th"," 8th"," 7th"," 6th"," 5th"," 4th"," 3rd"," 2nd","Oldest Consultation and Number of Days Pending",,, ,"AGENCY OVERALL",0,0,0,0,0,0,0,0,0,0,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "D.Comparisons of Numbers of Requests from Previous and Current Annual Report — Requests Received, Processed, and Backlogged",,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,NUMBER OF REQUESTS,RECEIVED,NUMBER OF REQUESTS,PROCESSED,,,,,,,,,, ,,,,,,,,,,,,,, ,"Number Received During Fiscal Year from Last Year's Annual Report","Number Received During Fiscal Year from Current Annual Report","Number Processed During Fiscal Year from Last Year's Annual Report","Number Processed During Fiscal Year from Current Annual Report",,,,,,,,,, "AGENCY OVERALL","14,075","18,581","13,472","17,508",,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,"Number of Backlogged Requests as of End of Fiscal Year from Previous Annual Report","Number of Backlogged Requests as of End of Fiscal Year from Current Annual Report",,,,,,,,,,,, "AGENCY OVERALL","5,781","6,856",,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, "E.Comparisons of Numbers of Administrative Appeals from Previous and Current Annual Report — Appeals Received, Processed, and Backlogged",,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,NUMBER OF APPEALS RECEIVED,,NUMBER OF APPEALS PROCESSED,,,,,,,,,,, ,"NUMBER RECEIVED DURING FISCAL YEAR FROM LAST YEAR'S ANNUAL REPORT","NUMBER RECEIVED DURING FISCAL YEAR FROM CURRENT ANNUAL REPORT","NUMBER PROCESSED DURING FISCAL YEAR FROM LAST YEAR'S ANNUAL REPORT","NUMBER PROCESSED DURING FISCAL YEAR FROM CURRENT ANNUAL REPORT",,,,,,,,,, "AGENCY OVERALL",42,43,21,66,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,,,,,,,,,,,,,, ,"Number of Backlogged Appeals as of End of the Fiscal Year from Previous Annual Report","Number of Backlogged Appeals as of End of the Fiscal Year from Current Annual Report",,,,,,,,,,,, "AGENCY OVERALL",29,6,,,,,,,,,,,,