U.S. Department of Justice FREEDOM OF INFORMATION ACT (FOIA) ANNUAL REPORT FOR FISCAL YEAR 2007

Transcription

1 DOJ FOIA 2007 ANNUAL REPORT - TABLE OF CONTENTS U.S. Department of Justice FREEDOM OF INFORMATION ACT (FOIA) ANNUAL REPORT FOR FISCAL YEAR 2007 TABLE OF CONTENTS I. Basic Information Regarding the Report II. III. IV. How to Make a FOIA Request Definitions of Basic Terms and Acronyms Used in the Report Exemption 3 Statutes V. Initial FOIA/PA Access Requests VI. VII. Appeals of Initial Denials of FOIA/PA Requests Compliance with Time Limits/Status of Pending Requests VIII. Comparisons with Previous (s) IX. X. Fees XI. XII. Costs/FOIA Staffing FOIA Regulations (Including Fee Schedule) Report on Executive Order 13,392 Implementation [3/5/ :56:51 AM]

2 I. BASIC INFORMATION REGARDING THE REPORT. A. Name, title, address, and telephone number of person to be contacted with questions about the report: Bertina Adams FOIA Program Manager Office of Information and Privacy United States Department of Justice 1425 New York Avenue NW, Suite Washington, DC (202) B. Electronic address for this report on our Web site: C. How to obtain a copy of this report in paper form: Contact Bertina Adams at the address, telephone number, or address listed above. Go to: Table of Contents

3 II. HOW TO MAKE A FOIA REQUEST. For basic information on how to make a FOIA request, visit our Web site at A. Names, addresses, and telephone numbers of all individual agency components and offices that receive FOIA requests. For these names, addresses, and telephone numbers, visit our Web site at B. Brief Description of Agency s Response-Time Ranges (On a Component-by-Component Basis). For a detailed breakdown of each component s response times, see Section VII, of this report, Compliance with Time Limits/Status of Pending Requests. C. Brief Description Why Requests are Not Granted. The most frequent reason why requests are not granted is that no records responsive to the request are located. The primary reason for not granting requests for which records are located is the protection of personal privacy pursuant to Exemptions 6 and 7(C). Go to: Table of Contents

4 III. DEFINITIONS OF BASIC TERMS AND ACRONYMS USED IN THE REPORT. A. Agency-specific acronyms or other terms. Office of the AG Office of the DAG Office of the Assoc. AG Antitrust ATF BOP Civil Civil Rights COPS CRS Criminal DEA ENRD EOIR EOUSA EOUST FBI FCSC JMD NDIC NSD ODR OFDT OIP OIG OIPL OJP OLC OLP OLA OPR OSG OVW Pardon Attorney PRAO Public Affairs Tax USMS Office of the Attorney General Office of the Deputy Attorney General Office of the Associate Attorney General Antitrust Division Bureau of Alcohol, Tobacco, Firearms, and Explosives Bureau of Prisons Civil Division Civil Rights Division Office of Community Oriented Policing Services Community Relations Service Criminal Division Drug Enforcement Administration Environment and Natural Resources Division Executive Office for Immigration Review Executive Office for United States Attorneys Executive Office for United States Trustees Federal Bureau of Investigation Foreign Claims Settlement Commission Justice Management Division National Drug Intelligence Center National Security Division Office of Dispute Resolution Office of the Federal Detention Trustee Office of Information and Privacy Office of the Inspector General Office of Intergovernmental and Public Liaison Office of Justice Programs Office of Legal Counsel Office of Legal Policy Office of Legislative Affairs Office of Professional Responsibility Office of the Solicitor General Office on Violence Against Women Office of the Pardon Attorney Professional Responsibility Advisory Office Office of Public Affairs Tax Division U.S. Marshals Service

5 USNCB USPC U.S. National Central Bureau INTERPOL U.S. Parole Commission B. Basic Terms, Expressed in Common Terminology. 1. FOIA/PA request -- a 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.) 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 aspects. 5. 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 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 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. 7. Simple request -- a FOIA request that an agency using multi-track processing places in its fastest (nonexpedited) 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 track 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 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. 11. Denial -- an 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 reasons (such as

6 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 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. 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 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 Day -- working day. Go to: Table of Contents

7 IV. Exemption 3 Statutes. Statute/Rule Type of Information Withheld 5 U.S.C. App. 107 Confidential Conflict of Interest Certification Case Citation Meyeroff v. EPA, 958 F.2d 1498 (9th Cir. 1992) 8 U.S.C. 1367(a)(2) Battered spouse None 15 U.S.C. 18a(h) Information submitted in connection with the premerger notification provisions of the Hart-Scott-Rodino Antitrust Improvements Act of U.S.C.A. 1314(g) Documentary material, answers to written interrogatories or transcripts of oral depositions submitted in response to a Civil Investigative Demand (CID) Lieberman v. FTC, 771 F.2d 32 (2d Cir. 1985) Motion Picture Association of America v. U.S. Dep t of Justice, No. 80-CIV-6612, slip op. at 1 (S.D.N.Y. Oct. 6, 1981) 18 U.S.C. 798 Communications intelligence Winter v. NSA, 569 F.Supp. 545 (S.D. Cal. 1983) 18 U.S.C Prohibition on Mailing of Obscene Material 18 U.S.C Wiretap requests and information 18 U.S.C Title III, wiretap requests and information None Lam Lek Chong v. DEA, 929 F.2d 729 (D.C. Cir. 1991) Lam Lek Chong v. DEA, 929 F.2d 729 (D.C. Cir. 1991) 18 U.S.C Pen register orders Manna v. U.S. Dep t of Justice, 815 F.Supp. 798 (D.N.J. 1993) 18 U.S.C Pretrial services None 18 U.S.C Witness security information None Manna v. U.S. Dep t of Justice, 88 F.3d 796 (9th Cir. 1996)

8 18 U.S.C Pre-sentence reports U.S. Dep t of Justice v. Julian, 486 U.S. 1 (1988) 18 U.S.C. 4305(d) Information submitted under the National Cooperative Research and Production Act of 1993 None 18 U.S.C Juvenile arrest records None 26 U.S.C Tax return information Church of Scientology v. IRS, 484 U.S. 9 (1987) DeSalvo v. IRS, 973 F.2d 962 (1st Cir. 1992) DeSalvo v. IRS, 861 F.2d 1217, 1221 (10th Cir. 1988) Aronson v. IRS, 973 F.2d 962 (1st. Cir. 1992) 26 U.S.C (a) Firearm data collected for tax enforcement purposes 41 U.S.C. 253b(m)(2) Portions of a proposal that were not incorporated into the contract or task order 42 U.S.C. 2000g-2(b) Community Relations Service (CRS) Confidentiality Clause, CRS Confidential Information 42 U.S.C. 3789g Personally identifiable statistical and research data received by the Bureau of Justice Statistics 50 U.S.C. 402 Intelligence sources and methods 50 U.S.C. 402 note Information regarding National Security Agency employees (names, titles, salaries, or number of persons employed) 50 U.S.C. 403 Intelligence sources and methods Ryan v. ATF, 715 F.2d 644 (D.C. Cir. 1983) Hornbostel v. U.S. Dep t of Interior, 305 F.Supp. 2d (D.D.C. 2003) None None CIA v. Sims, 471 U.S. 159 (1985) Founding Church of Scientology v. NSA, 610 F.2d 824 (D.C. Cir. 1979) CIA v. Sims, 471 U.S. 159 (1985)

9 50 U.S.C. 403 CIA organization, activities, and personnel 50 U.S.C (I) Intelligence sources and methods 50 U.S.C. 403(g) CIA organization, activities, and personnel 50 U.S.C Foreign Intelligence Surveillance Act (cited in the Patriot Act III litigation) Minier v. CIA, 88 F.3d 796 (9th Cir. 1996) CIA v. Sims, 471 U.S. 159 (1985) Minier v. CIA, 88 F.3d 796 (9th Cir. 1996) None Fed. R. Crim. P. 6(e) Grand jury information Senate of P.R. v. U.S. Dep t of Justice, 823 F.2d 574 (D.C. Cir. 1987) Funds for Const l Gov t v. Archives, 656 F.2d 856 (D.C. Cir. 1981) McDonnell v. United States, 4 F.3d 1227 (3rd Cir. 1993) Church of Scientology v. U.S. Dep t of Justice, 30 F.3d 224, 235 (1st Cir. 1994) Alternative Dispute Resolution Act of U.S.C.A. 651 Belgium, January 1, 2000, Treaty Doc , 100th Cong., 2nd Sess., Exec. Rept , 101st Cong., 1st Sess. Mediation agreements from U.S. v. Paul D. Zimmerman Mutual Legal Assistance Treaty FAA v. Robertson, 422 U.S. 255, 266 (1975) Rule 6(e) 2 of Federal Rules of Criminal Procedure None Local Rule 32 Pre-sentence report None Public Law Information required to be maintained by Federal Firearms Licensees and information maintained in the ATF Firearms Tracing System City of Chicago v. United States Dep t of Treasury, 423 F.3d 777 (7th Cir. 2005)

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11 V. INITIAL FOIA/PA ACCESS REQUESTS A. NUMBERS OF INITIAL REQUESTS NUMBER OF REQUESTS PENDING AS OF END OF PRECEDING YEAR NUMBER OF REQUESTS RECEIVED IN CURRENT YEAR NUMBER OF REQUESTS PROCESSED IN CURRENT YEAR NUMBER OF REQUESTS PENDING AS OF END OF CURRENT YEAR Office of the AG Office of the DAG Office of the Assoc. AG Antitrust ATF 79 1,554 1, BOP 2,409 * 13,638 15,030 1,017 Civil Civil Rights 27 ** CRS Criminal 966 1,033 1, DEA 430 1,521 1, ENRD EOIR ,871 11, EOUSA 1,763 *** 3,974 4,025 1,712 EOUST FBI 1,753 12,509 12,309 1,953 FCSC JMD 35 **** NDIC COPS ODR OFDT OIP OIG NSD OIPL OJP OLC OLP OLA Pardon Attorney OPR Public Affairs OSG OVW 2 ***** PRAO Tax

12 V. INITIAL FOIA/PA ACCESS REQUESTS A. NUMBERS OF INITIAL REQUESTS NUMBER OF REQUESTS PENDING AS OF END OF PRECEDING YEAR NUMBER OF REQUESTS RECEIVED IN CURRENT YEAR NUMBER OF REQUESTS PROCESSED IN CURRENT YEAR NUMBER OF REQUESTS PENDING AS OF END OF CURRENT YEAR USMS 88 1,031 1, USNCB USPC TOTALS 9,278 52,260 53,889 7,649 * As a consequence of a review of its database, the Bureau of Prisons has adjusted its reporting of pending requests for Fiscal 2006 upward by ** As a consequence of a database error, the Civil Rights Division has adjusted its reporting of pending requests for Fiscal 2006 upward by three requests. *** As a consequence of necessary administrative adjustments to its pending request database, the Executive Office for United States Attorneys has adjusted its reporting of pending requests for Fiscal 2006 upward by nineteen requests. **** As a consequence of a database error, the Justice Management Division has adjusted its reporting of pending requests for Fiscal 2006 downward by four requests. ***** As a consequence of a database error, the Office on Violence Against Women has adjusted its reporting of pending requests for Fiscal 2006 upward by one request.

13 V. INITIAL FOIA/PA ACCESS REQUESTS, CONT'D B. DISPOSITION OF INITIAL REQUESTS NOT A PROPER NUMBER OF TOTAL GRANTS NUMBER OF PARTIAL GRANTS NUMBER OF DENIALS NO REQUEST RECORDS REFERRALS WITHDRAWN FEE- RELATED REASON RECORDS NOT REASONABLY DESCRIBED FOIA REQUEST FOR SOME OTHER REASON NOT AN AGENCY RECORD DUPLICATE REQUEST OTHER* Office of the AG Office of the DAG Office of the Assoc. AG Antitrust ATF BOP 11,323 1, Civil Civil Rights CRS Criminal DEA ENRD EOIR 8, , EOUSA EOUST FBI 70 2, , FCSC JMD NDIC COPS ODR OFDT OIP OIG NSD OIPL OJP OLC

14 V. INITIAL FOIA/PA ACCESS REQUESTS, CONT'D B. DISPOSITION OF INITIAL REQUESTS NOT A PROPER NUMBER OF TOTAL GRANTS NUMBER OF PARTIAL GRANTS NUMBER OF DENIALS NO REQUEST RECORDS REFERRALS WITHDRAWN FEE- RELATED REASON RECORDS NOT REASONABLY DESCRIBED FOIA REQUEST FOR SOME OTHER REASON NOT AN AGENCY RECORD DUPLICATE REQUEST OTHER* OLP OLA Pardon Attorney OPR Public Affairs OSG OVW PRAO Tax USMS USNCB USPC TOTALS 22,036 6,562 1,839 14, ,328 1,981 1, ,140 1,226

15 *EXPLANATION OF DISPOSITION OF INITIAL FOIA/PA REQUESTS: OTHER REASONS FOR NONDISCLOSURE (COLUMN MARKED OTHER ) Component Number Reason (s) of Times Office of the AG 27 6 Failures to comply with requirements 11 Defer to other agency/component 9 Documents referred not responsive 1 Record previously provided Office of the DAG 10 3 Failures to comply with requirements 1 Defer to other agency/component 5 Documents referred not responsive 1 Record previously provided 2 1 Document referred not responsive 1 Record previously provided Office of the Assoc. AG Antitrust 2 2 Information requested was publicly available through the Antitrust Division s Internet Web site or for sale by Government Printing Office ATF Failures to provide proof of identity or consent 2 Unable to locate requester Civil 9 9 Requesters sought private legal advice, representation by DOJ, or were requesting a law enforcement investigation Civil Rights No certification of identity/consent 22 Unable to locate file 21 Unable to locate request DEA Failed to meet the requirements ENRD 5 1 Glomar response 1 Request was aggregated with a second request 1 Request asked for a report that had been previously released to requester 1 Request concluded with JMD responding on behalf of ENRD 1 Request closed when requester could not be contacted for clarification EOIR 1 1 Lost file unable to process or identify EOUSA No powers of attorney 287 Administrative closings 18 No forwarding address FBI Files related to request could not be located JMD 7 6 Failures to comply with requirements 1 Web site address provided NDIC 1 1 Lack of first party notarization

16 OIP Failures to comply with requirements 1 Deferred to another agency/component 3 Documents referred not responsive OJP 1 1 Requester released from institution with no forwarding address OLP 2 1 Document referred not responsive 1 Failure to comply OLA 7 2 Failures to comply 1 Defer to another agency/component 4 Documents not responsive OPR 1 1 Previously disclosed Public Affairs 3 2 Failures to comply with requirements 1 Document not responsive Tax 10 8 Requests for information made available on Tax Division s Web site 2 Requests were First-in/First-out letters mailed via certified mail and returned to the Tax Division s FOIA Unit unopened USMS 97 4 Access granted by other means 71 Imperfect identification 5 Imperfect judicial district 1 Litigation 14 No forwarding address 2 Requesters no longer interested USNCB Failures to reply

17 EXEMPTIONS CLAIMED UNDER THE FREEDOM OF INFORMATION ACT (1) (2) (3) (4) (5) (6) (7)(A) (7)(B) (7)(C) (7)(D) (7)(E) (7)(F) (8) (9) Office of the AG Office of the DAG Office of the Assoc. AG Antitrust ATF BOP Civil Civil Rights CRS Criminal DEA ENRD EOIR EOUSA EOUST FBI 481 1, , ,105 1, FCSC JMD NDIC COPS ODR OFDT OIP OIG NSD OIPL OJP OLC OLP OLA Pardon Attorney OPR Public Affairs OSG OVW PRAO Tax USMS USNCB USPC TOTALS 552 2, ,650 3, ,075 1, Go to: Table of Contents

18 VI. APPEALS OF INITIAL DENIALS OF FOIA/PA REQUESTS. A. Numbers of appeals. 1. Number of appeals received during fiscal year 2, Number of appeals processed during fiscal year 4,255 B. Disposition of appeals. 1. Number completely upheld 1, Number partially reversed Number completely reversed 25 a. Number of times each FOIA exemption was used (counting each exemption once per appeal): (1) Exemption 1 83 (2) Exemption (3) Exemption (4) Exemption 4 1 (5) Exemption (6) Exemption 6 100* (7) Exemption 7(A) 113 (8) Exemption 7(B) 0 (9) Exemption 7(C) 660 (10) Exemption 7(D) 181 (11) Exemption 7(E) 81 (12) Exemption 7(F) 135 (13) Exemption 8 0 (14) Exemption 9 0

19 * The Parole Commission upheld two cases on appeal. In both cases, information contained in police reports was excised because it included personal information of victims/witnesses. 4. Other reasons for nondisclosure (total) 2,661 a. No records 1,116 b. Referrals 6 c. Request withdrawn 51 d. Fee-related reason 57 e. Records not reasonably described 0 f. Not a proper FOIA request for some other reason 392 g. Not an agency record 5 h. Duplicate request 65 i. Other (specify) 969 1) Remanded ) Failure of initial component to process initial action ) Judicial adjudication/litigation ) Expedited treatment granted ) Expedited treatment denied ) Previously adjudicated ) Transferred ) Administratively closed -- 4 Go to: Table of Contents

20 VII. COMPLIANCE WITH TIME LIMITS/STATUS OF PENDING REQUESTS A. Median Processing Time for Requests Processed During the SIMPLE REQUESTS NUMBER OF REQUESTS PROCESSED MEDIAN NUMBER OF DAYS TO PROCESS COMPLEX REQUESTS NUMBER OF REQUESTS PROCESSED MEDIAN NUMBER OF DAYS TO PROCESS REQUESTS ACCORDED EXPEDITED PROCESSING NUMBER OF REQUESTS PROCESSED MEDIAN NUMBER OF DAYS TO PROCESS Office of the AG Office of the DAG Office of the Assoc. AG Antitrust ATF 1,567 8 n/a n/a n/a n/a BOP 14, Civil n/a n/a Civil Rights CRS n/a 0 n/a Criminal n/a n/a 1, DEA n/a n/a 1, n/a n/a ENRD n/a n/a n/a EOIR 10, , EOUSA 3, n/a n/a EOUST n/a n/a n/a FBI * * * * FCSC JMD 385 n/a NDIC COPS n/a 0 n/a ODR n/a 0 n/a OFDT n/a OIP OIG n/a n/a n/a n/a NSD OIPL OJP OLC OLP OLA Pardon Attorney OPR Public Affairs OSG n/a OVW PRAO n/a 0 n/a Tax

21 USMS 1, USNCB USPC Totals 35,128 n/a 6,296 n/a 183 n/a *The FBI maintains three tracks for requests: Small requests/median days -- 11,870/8; Medium requests/median days 360/268; Large requests/median days -- 52/484 VII. COMPLIANCE WITH TIME LIMITS/STATUS OF PENDING REQUESTS B. Status of Pending Requests SIMPLE REQUESTS MEDIAN NUMBER OF NUMBER REQUESTS OF DAYS PENDING PENDING COMPLEX REQUESTS MEDIAN NUMBER OF NUMBER REQUESTS OF DAYS PENDING PENDING REQUESTS ACCORDED EXPEDITED PROCESSING MEDIAN NUMBER OF NUMBER REQUESTS OF DAYS PENDING TO PROCESS Office of the AG Office of the DAG Office of the Assoc. AG Antitrust ATF n/a n/a n/a n/a BOP Civil n/a n/a n/a Civil Rights CRS 0 n/a 0 n/a 0 n/a Criminal n/a n/a DEA n/a n/a n/a n/a ENRD n/a n/a n/a EOIR EOUSA 1, EOUST n/a n/a n/a n/a FBI * * * * 6 89 FCSC 0 0 n/a n/a JMD NDIC COPS 0 0 n/a 0 n/a ODR 0 n/a 0 n/a 0 n/a OFDT OIP OIG n/a n/a n/a n/a

22 NSD OIPL OJP OLC OLP OLA Pardon Attorney OPR Public Affairs OSG n/a OVW PRAO n/a 0 n/a Tax USMS USNCB USPC Totals 3,939 n/a 1,693 n/a 70 n/a *The FBI maintains three tracks for requests: Small requests/median days -- 1,499/139; Medium requests/median days 369/249; Large requests/median days -- 79/252 Go to: Table of Contents

23 VIII. COMPARISONS WITH PREVIOUS YEAR(S). A. Comparison of numbers of requests received: 52,260 in FY 07 vs. 53,992 in FY 06, a 3% decrease. B. Comparison of number of requests processed: 53,889 in FY 07 vs. 54,925 in FY 06, a 2% decrease. C. Comparison of median numbers of days requests were pending as of end of fiscal year varies by component, see chart in Section VII, D. Other statistics significant to components: 572 requests for expedited processing received; 151 requests for expedited processing granted. E. Other narrative statements describing components efforts to improve timeliness of FOIA performance and to make records available to the public (e.g., backlog-reduction efforts; specification of average number of hours per processed request; training activities; public availability of new categories of records): see Section XII, Go to: Table of Contents

24 STAFFING LEVELS NUMBER OF FULL-TIME IX. COSTS/FOIA STAFFING NUMBER OF PERSONNEL WITH PART-TIME OR OCCASIONAL FOIA DUTIES (IN TOTAL TOTAL COSTS (INCLUDING STAFF AND ALL RESOURCES) TOTAL NUMBER PERSONNEL WORK-YEARS) (IN WORK-YEARS) (ESTIMATED) (ESTIMATED) TOTAL Office of the AG , , ,429 Office of the DAG , , ,317 Office of the ASSOC. AG ,004 37, ,273 OF PERSONNEL FOIA PROCESSING (INCLUDING APPEALS) LITIGATION- RELATED ACTIVITIES Antitrust ,569 61, ,022 ATF ,690, ,000 1,796,000 BOP ,324, ,000 2,599,000 Civil ,283 2,570,180 2,890,463 Civil Rights ,136,937 12,959 1,149,896 CRS Criminal ,433, ,064 2,710,884 DEA ,555, ,426 1,741,504 ENRD ,000 9, ,000 EOIR , ,942 EOUSA* ,517,817 1,400,155 2,917,972 EOUST , ,740 FBI ,932,597 1,331,946 20,264,543 FCSC , ,000 JMD , ,248 NDIC , ,619 COPS , ,632 ODR , ,440 OFDT , ,067 OIP ,126, ,484 4,483,297 OIG ,100 27, ,000 NSD ,000 7, ,000 OIPL , ,696 OJP , ,000 OLC ,000 12,000 52,000 OLP ,825 15, ,798 OLA ,406 79, ,269 Pardon Attorney ,700 16,500 61,200 OPR ,664 14, ,304 Public Affairs ,128 26,621 87,749 OSG ,000 95,000 OVW PRAO , ,000 Tax , , ,730 USMS ,910 33, ,019 USNCB ,120 15, ,120 USPC ,887 2, ,462 TOTALS ,951,271 7,503,364 47,454,635

25 *EOUSA does not maintain cost figures for the litigation-related expenses incurred by the United States Attorneys' Offices (USAOs) related solely to FOIA litigation. Of this total amount, EOUSA estimates that the USAOs incurred approximately $1,100,155 in litigation-related expenses. This estimate is based on information provided by DOJ's Civil Division indicating that the USAOs were delegated 215 cases during the fiscal year, an estimate provided by the Office of Information and Privacy that 100 hours per average were spent on each FOIA case, and EOUSA records showing an average hourly salary rate of $51.17 for non-supervisory Assistant United States Attorneys. The remainder, $300,000, represents litigation-related expenses incurred by EOUSA's Freedom of Information and Privacy Staff. Go to: Table of Contents

26 X. Fees. A. Total amount of fees collected by the agency for processing requests $111, B. Percentage of total costs.24%. Go to: Table of Contents

27 XII. REPORT ON EXECUTIVE ORDER IMPLEMENTATION The reporting period for Section XII of this Annual Report is different from the rest of the Report. The reporting period for all other portions of the Report is Fiscal The reporting period for Section XII includes progress made by components through December 2007 and often into January 2008, and does include some FY07-based consultation reporting. Consequently, the statistics reported in Part F of this section have slightly different ending dates. This is the first annual report to request the consultation data specified in Part F. Consequently, several components did not have the tracking system to compute this data for FY07. These components, however, are now preparing to collect this data so that it can be reported for FY08. OFFICE OF INFORMATION AND PRIVACY (OIP) The Office of Information and Privacy (OIP) processes Freedom of Information Act/Privacy Act (FOIA/PA) requests for records it maintains as well as records maintained by the following seven senior leadership offices in the Department of Justice: Office of the Attorney General, Office of the Deputy Attorney General, Office of the Associate Attorney General, Office of Legal Policy, Office of Intergovernmental and Public Liaison, Office of Legislative Affairs, and Office of Public Affairs. As a result, OIP's Executive Order implementation activities address the FOIA processing improvement efforts for all those offices. A. Description of supplementation/modification of agency improvement plan (if applicable) OIP modified its plan in October with regard to the two remaining goals regarding use of information technology. This was done for two reasons. First, the scope of the initial goal of a new electronic FOIA processing system evolved into a potential enterprise solution with applicability beyond OIP. Thus, it was necessary to modify this goal to reflect the expanded scope of this new approach. Second, the integration of a scanning copier into the Department s computer network (JCON) involved unforeseen security requirements. Because this was the first time that a Department component sought approval for such software and hardware on the network, it required extensive testing to meet security requirements. Accordingly, the plan was modified to reflect the greater complexity of both of these goals. B. Report on agency implementation of its plan, including its performance in meeting milestones, with respect to each improvement area The Office of Information and Privacy has met all of the goals and milestones established in the report it submitted on June 14, 2006, in response to Executive Order 13,392, that were to be completed by January 15, During the past year, OIP continued to use the procedures established during 2006 to improve the records search process and to encourage timely attention to consultations with other agencies and components of the Department. (These procedures are fully described in Section XII of OIP's section of the Department of Justice FOIA Report for Fiscal 2006.)

28 In the area of customer service, all new FOIA Specialists were given training (developed as part of OIP's 2006 goals) that emphasizes the importance of treating FOIA requesters with courtesy and respect. Additionally, OIP continued to review its and its client offices' Web pages on a quarterly basis to ensure that they are up to date and complete, using the new protocol for the identification of records that are appropriate for inclusion on the Web established in Of particular importance is OIP's continued success in reducing its backlog. As reported last year, OIP met all the backlog reduction goals for initial requests established in its plan by reducing its backlog in 2006 by twenty-two percent. During 2007, OIP continued to decrease its backlog, this time by an additional ten percent. Moreover, as part of the backlog reduction effort, OIP closed its ten oldest pending FOIA requests. OIP also greatly exceeded its parallel backlog reduction goal for adjudicating administrative appeals. The backlog reduction goal set for administrative appeals was a thirty percent reduction in pending appeals. OIP far surpassed that goal and has decreased its backlog of pending appeals by forty-one percent, including the ten oldest appeals. Additionally, OIP has continued to make extensive progress toward the goal of greater use of sophisticated information technology as part of a comprehensive electronic processing solution. This past year, OIP has worked extensively with the Enterprise Solutions Staff (ESS) within the Justice Management Division (JMD) to complete evaluation of a feasibility study and market assessment. This feasibility study provided the basis for the development of a Statement of Work for a potential enterprise solution to include at least two other components within the Department of Justice, with the possible inclusion of additional components in the future. Accordingly, ESS, OIP, and two other components within Justice met on numerous occasions to develop joint business requirements for the final Statement of Work. OIP and the other two components identified a comprehensive list of requirements for an enterprise solution, which were compiled by ESS into the Statement of Work. In addition, OIP met with JMD budget staff to discuss funding for the new system. Once funding for this project has been appropriated, OIP will begin working with a contracting officer. OIP also completed all requirements related to the purchase and installation of software and hardware that allows for the scanning of unclassified material onto a copier with the ability to save the data directly to JCON. To accomplish this goal, OIP worked extensively with the computer staff of JMD. JMD worked with the vendor to evaluate the software and hardware for security purposes for placement on the JCON network. JMD conducted extensive security testing to ensure compliance with Department policy and technical requirements and conducted an on-site security evaluation of OIP s existing hardware and network connection. OIP is now able to scan and save to the JCON network using the copier, which allows documents to be processed electronically, a much faster procedure than processing manually. The vendor provided training on the scanning feature and OIP has requested additional training in order to take advantage of the more advanced features, which will be held this spring.

29 C. Identification and discussion of any deficiency in meeting plan milestones (if applicable) D. Additional narrative statement regarding other executive order-related activities (optional) In addition to its own responsibilities in implementing the Executive Order for the offices serviced by OIP and for OIP itself, OIP coordinated the Department's efforts to facilitate, in conjunction with OMB, governmentwide compliance with Executive Order 13,392. As part of this efforts, OIP held workshops on various provisions of the Executive Order, issued written guidance, and worked extensively with officials throughout the government as they implemented their plans and prepared their reports. E. Concise descriptions of FOIA exemptions The nine exemptions to the FOIA authorize federal agencies to withhold information covering: (1) classified national defense and foreign relations information; (2) internal agency rules and practices; (3) information that is prohibited from disclosure by another federal law; (4) trade secrets and other confidential business information; (5) inter-agency or intra-agency communications that are protected by legal privileges; (6) information involving matters of personal privacy; (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) information relating to the supervision of financial institutions; and (9) geological information on wells. F. Additional statistics 1. Ten Oldest Pending FOIA Requests each of your ten oldest pending requests as of January 1, Please list the requests by date. Calendar Requests May 29 Nov 26 * Closed January 3, 2008 May 18* Oct 26 Jan 24 Mar 3 Dec 7 Mar 15 Dec 7 May 18

30 2. Consultations i) Number of, Processed, and Pending Please provide the number of consultations received, processed, and currently pending, in the appropriate column below. From Other Agencies During FY07 From Other Agencies That Were Processed by Your Agency During FY07 (includes those received prior to FY07) From Other Agencies That Were Pending at Your Agency as of October 1, 2007 (includes those received prior to FY07) ii) Ten Oldest Pending From Other Agencies each of your ten oldest pending consultations received from other agencies as of January 1, Please list the consultations by the date it was received by your agency. Calendar Consults Received May 29 June 26* Jan 8* June 1 Mar 17* *Closed between January 1 and 15, 2008; therefore, OIP has a total of two pending consultations. G. Attachment: Agency Improvement Plan (in current form) The FOIA Improvement Plan for the Department of Justice is attached. ANTITRUST DIVISION A. Description of supplementation/modification of agency improvement plan (if applicable) B. Report on agency implementation of its plan, including its performance in meeting milestones, with respect to each improvement area The Antitrust Division has met all of the goals and milestones established in the report it submitted on June 14, 2006, in response to Executive Order 13,392, that were to be completed

31 for this reporting period. In the last twelve months, the Division reduced its backlog of pending requests by 50%, far exceeding its goal as stated in the FOIA Improvement Plan. The Antitrust Division continues its efforts to further reduce the backlog with an emphasis on responding to the oldest requests. To be more customer-friendly, an address link has been posted on the Division s FOIA Web site so requests can now be submitted electronically. The use of s has proven to be a quick and convenient means of communication between requesters and the FOIA/Privacy Act Unit. In addition to offering the public an additional way to submit a request, other than by mail or fax, s also allow requesters and the FOIA staff to communicate on matters involving the scope and status of pending requests. During FY07, the Antitrust Division received 19% of the total number of FOIA requests via the address posted on the Division s FOIA Web site. For CY07, the Division received 26% of the total number of FOIA requests via . C. Identification and discussion of any deficiency in meeting plan milestones (if applicable) D. Additional narrative statement regarding other executive order-related activities (optional) E. Concise descriptions of FOIA exemptions See section E of the OIP portion of this report, above. F. Additional statistics 1. Ten Oldest Pending FOIA Requests each of your ten oldest pending requests as of January 1, Please list the requests by date. Calendar Requests June 3 Sept 3 Apr 16 Aug 4 Aug 4 Oct 21 July 16 Aug 26 Jan 14 Mar Consultations i) Number of, Processed, and Pending Please provide the number of consultations received, processed, and currently pending,

32 in the appropriate column below. From Other Agencies During FY07 From Other Agencies That Were Processed by Your Agency During FY07 (includes those received prior to FY07) From Other Agencies That Were Pending at Your Agency as of October 1, 2007 (includes those received prior to FY07) ii) Ten Oldest Pending From Other Agencies each of your ten oldest pending consultations received from other agencies as of January 1, Please list the consultations by the date it was received by your agency. Calendar Consults Received G. Attachment: Agency Improvement Plan (in current form) The FOIA Improvement Plan for the Department of Justice is attached. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES (ATF) A. Description of supplementation/modification of agency improvement plan (if applicable) B. Report on agency implementation of its plan, including its performance in meeting milestones, with respect to each improvement area The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has met all of the goals and milestones established in the report it submitted on June 14, 2006, in response to Executive Order 13,392, that were to be completed for this reporting period. In particular, ATF continued to reduce the backlog of requests over twenty days old, and reduced the number of pending requests by 15% from the previous fiscal year. During this reporting period, ATF began to respond to requests electronically, or in electronic format whenever possible. By the end of FY07, ATF responded to more than 15% of all requests electronically. Responding to requests via greatly contributed to an improvement in response times to requesters, as well as cost reduction to both ATF and requesters.

33 C. Identification and discussion of any deficiency in meeting plan milestones (if applicable) D. Additional narrative statement regarding other executive order-related activities (optional) E. Concise descriptions of FOIA exemptions See section E of the OIP portion of this report, above. F. Additional statistics 1. Ten Oldest Pending FOIA Requests each of your ten oldest pending requests as of January 1, Please list the requests by date. Calendar Requests Jan 4 Jan 23 Feb 23 Feb 27 Mar 19 Mar 27 Apr 10 May 1 June 14 June Consultations i) Number of, Processed, and Pending Please provide the number of consultations received, processed, and currently pending, in the appropriate column below. From Other Agencies During FY07 From Other Agencies That Were Processed by Your Agency During FY07 (includes those received prior to FY07) From Other Agencies That Were Pending at Your Agency as of October 1, 2007 (includes those received prior to FY07) 0 0 0

34 ii) Ten Oldest Pending From Other Agencies each of your ten oldest pending consultations received from other agencies as of January 1, Please list the consultations by the date it was received by your agency. Calendar Consults Received G. Attachment: Agency Improvement Plan (in current form) The FOIA Improvement Plan for the Department of Justice is attached. FEDERAL BUREAU OF PRISONS (BOP) A. Description of supplementation/modification of agency improvement plan (if applicable) B. Report on agency implementation of its plan, including its performance in meeting milestones, with respect to each improvement area The Federal Bureau of Prisons (BOP) has met all of the goals and milestones established in the report it submitted on June 14, 2006, in response to Executive Order 13,392, that were to be completed for this reporting period. Most notably, BOP continues to review its Web site to ensure information is easily located, presented in a clear and precise manner, and accurate. The Web site is also reviewed by BOP to ensure that it is current and includes the posting of (a)(2) materials. BOP has also made proactive disclosures of information. BOP instituted procedures in 2006 that ensure compliance with time limits for expedited processing and improved handling of referrals and consultations. These procedures continue to be in effect. An intensive study of FOIA processing practices and procedures was undertaken with preliminary recommendations for decentralizing the current structure. Finally, and most importantly, BOP significantly exceeded its backlog reduction goals. C. Identification and discussion of any deficiency in meeting plan milestones (if applicable) D. Additional narrative statement regarding other executive order-related activities (optional)

35 E. Concise descriptions of FOIA exemptions See section E of the OIP portion of this report, above. F. Additional statistics 1. Ten Oldest Pending FOIA Requests each of your ten oldest pending requests as of January 1, Please list the requests by date. Calendar Requests Dec 12 Feb 2 Mar 20 Mar 24 Mar 27 May 10 June 19 June 21 July 11 June Consultations BOP does not have the capability to track consultations received, but will begin tracking in BOP is able to report that there are no pending consultations because it is the practice of BOP is to process consultations immediately upon receipt. G. Attachment: Agency Improvement Plan (in current form) The FOIA Improvement Plan for the Department of Justice is attached. CIVIL DIVISION A. Description of supplementation/modification of agency improvement plan (if applicable) B. Report on agency implementation of its plan, including its performance in meeting milestones, with respect to each improvement area The Civil Division has met all of the goals and milestones established in the report it submitted on June 14, 2006, in response to Executive Order 13,392, that were to be completed

36 for this reporting period. These milestones include the following: In the improvement area of "FOIA Web site function and content," Civil continued a periodic review and maintenance of the Civil Division FOIA Web site to insure proper operation. The Web site was periodically tested and is functioning properly. Civil continues to add records as it determines appropriate to meet its obligations. In the improvement area of "Electronic receipt/response for FOIA requests," Civil completed an analysis of electronic receipt/response of FOIA requests. As a result of its analysis, it was determined that it would not be necessary to institute electronic receipt/response at this time. However, Civil uses electronic responses on a limited basis when it is feasible and requested by the requester. Civil also successfully reviewed its practices relating to the trigger used for acknowledgment letters. After review, Civil determined that the current process of triggering acknowledgment letters for requests over twenty days old was sufficient. The current docket report is reviewed weekly and it identifies requests requiring acknowledgment letters. No modification to letters was required. Furthermore, customer service objectives were thoroughly reviewed with Civil's staff. Civil also cross-trained personnel to support FOIA processing. One member of its support staff was cross trained to support FOIA operations, including docketing of requests. Lastly, Civil reviewed and has met E-FOIA internet publication requirements. Civil is current in its obligation to post records online. C. Identification and discussion of any deficiency in meeting plan milestones (if applicable) D. Additional narrative statement regarding other executive order-related activities (optional) E. Concise descriptions of FOIA exemptions See section E of the OIP portion of this report, above. F. Additional statistics 1. Ten Oldest Pending FOIA Requests each of your ten oldest pending requests as of January 1, Please list the requests by date.

37 Calendar Requests Oct 22 Nov 1 Nov 1 Nov 1 Nov 1 Nov 1 Nov 1 Nov 14 Nov 14 Nov Consultations The Civil Division does not have the capability to track consultations received, but will begin tracking in The Civil Division, however, can report it has no pending consultations requested by other agencies or DOJ components. G. Attachment: Agency Improvement Plan (in current form) The FOIA Improvement Plan for the Department of Justice is attached. CIVIL RIGHTS DIVISION (CRT) A. Description of supplementation/modification of agency improvement plan (if applicable) B. Report on agency implementation of its plan, including its performance in meeting milestones, with respect to each improvement area The Civil Rights Division has met all of the goals and milestones established in the report it submitted on June 14, 2006, in response to Executive Order 13,392, that were to be completed for this reporting period. In its FOIA Improvement Plan, the Civil Rights Division identified several areas that held the Division s greatest potential for improvement. A 2006 initiative by the Division's upper-level management highlighted FOIA as a Division priority. This initiative provided the Division with the requisite impetus to reduce its median turnaround time on responding to complex requests. In accordance with Executive Order 13,392, the shift in emphasis went far in resolving the deficiency in the one area of FOIA production that needed attention. Median turnaround time for complex requests dropped from 359 days in FY05 to a current level of fifty-nine days by the end of FY07. Median Division turnaround time for simple requests has continued to fall from eight days during FY05 to the current median turnaround time of five days.