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Usaid Fy 24 Annual Foia Report

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0% found this document useful (0 votes)
37 views8 pages

Usaid Fy 24 Annual Foia Report

Uploaded by

iserlohntan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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FOIA ANNUAL REPORT

FOR
10/01/2023
THROUGH
09/30/2024

Monday, September 30, 2024


The following Annual Freedom of Information Act report covers the
Period 10/01/2023, through 09/30/2024, as required by 5 U.S.C. 552.

I. BASIC INFORMATION REGARDING REPORT


1. Provide name, title, address, and telephone number of person(s) to be contacted with questions about the Report.
Antionette (Toni) Robertson
Acting Supervisory FOIA Team Lead
U.S. Agency for International Development
1300 Pennsylvania Avenue, N.W.
USAID Annex, M/MS/IRD, Room 2.4.0A
Washington, D.C. 20523
2. Provide an electronic link for access to the Report on the agency Web site.
https://www.usaid.gov/foia-requests/foia-annual-reports
3. Explain how to obtain a copy of the Report in paper form.

Send a request by email to [email protected] or by postal mail to:

U.S. Agency for International Development


1300 Pennsylvania Avenue, N.W.
USAID Annex, M/MS/IRD, Room 2.4.0A
Washington, D.C. 20523

II. MAKING A FOIA REQUEST


1. Provide names, addresses, and telephone numbers of all individual agency components that receive FOIA requests.
2. Provide a 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.
3. Provide a functional electronic link to agency FOIA regulations, including the agency's fee schedule. (NOTE: Agency FOIA
Regulations were formerly listed at Section XI of the human-readable version of the Report).

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS


1. Provide any agency-specific acronyms or terms used in this Report.
2. Include the following definitions of terms used in this Report:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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
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.)
h. Full Grant - an agency decision to disclose all records in full in response to a FOIA request.
i. 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.
j. Median Number - the middle, not average, number. For example, of 3, 7, and 14, the median number is 7.
k. 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.
i. 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.
ii. 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.
iii. 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.
l. 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.
m. Pending Request or Pending Administrative Appeal - a request or administrative appeal for which an agency has
not taken final action in all respects.
n. 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.
o. Processed Request or Processed Administrative Appeal - a request or administrative appeal for which an agency
has taken final action in all respects.
p. Range in Number of Days - the lowest and highest number of days to process requests or administrative appeals.
q. 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. Include the following concise descriptions of the nine FOIA exemptions:
a. Exemption 1: classified national defense and foreign relations information
b. Exemption 2: internal agency rules and practices
c. Exemption 3: information that is prohibited from disclosure by another federal law
d. Exemption 4: trade secrets and other confidential business information
e. Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges
f. Exemption 6: information involving matters of personal privacy
g. 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
h. Exemption 8: information relating to the supervision of financial institutions

i. Exemption 9: geological information on wells

IV. Exemption 3 Statutes


A. For Initial Requests
Statute Type of Information Case Citation Number of Total
Withheld Times Number
Relied upon of
per Times
Component Relied
upon
by
Agency
Contractor proposals that are in the possession or control of an executive Sinkfield v. HUD, No. 10-885, 2012 U.S. Dist. LEXIS HQ : 7
agency and that have not been set forth or incorporated by reference into 35233, at *13-15 (S.D. Ohio Mar. 15, 2012);
contracts Margolin v. NASA, No. 09-CV-00421, 2011 WL
41 U.S.C. § 253b(m)
1303221, at *6 (D. Nev. Mar. 31, 2011); Hornbostel
(1) (currently at 41 7
v. U.S. Dep't of the Interior, 305 F. Supp. 2d 21, 30
U.S.C. § 4702)
(D.D.C. 2003), summary affirmance granted, No.
03-5257, 2004 WL 1900562 (D.C. Cir. Aug. 25,
2004).
41 U.S.C. § 2102 Contractor bid or proposal information; source selection information Legal & Safety Employe Research, Inc. v. U.S. HQ : 7
(amending 41 U.S.C. (which amends 41 U.S.C. 423(a)(1) - Procurement Integrity Act) Dept. of the Army, No. Civ. S001748, 2001 WL
§ 423(a)(1) 34098652, at * 3-4 (E.D. Cal. May 4, 2001) 7
(Procurement (dictum).
Integrity Act)
exempts from disclosure information that pertains to actual, potential, or HQ : 30
6 U.S.C. § 133 threatened interference with, attack on, compromise of, or incapacitation
(Critical of critical infrastructure or protected systems by either physical or
Infrastructure computer-based attack or other similar conduct (including the misuse of or 30
Information Act of unauthorized access to all types of communications and data transmission
2002) systems) that violates federal, state, or local law, harms interstate
commerce of the United States, or threatens public health or safety.

B. For Appeals
Statute Type of Information Case Citation Number of Total
Withheld Times Number
Relied upon of
per Times
Component Relied
upon
by
Agency
Contractor bid or proposal information; source selection information (which amends 41 Legal & Safety Employe HQ : 1
41 U.S.C. § 2102 U.S.C. 423(a)(1) - Procurement Integrity Act) Research, Inc. v. U.S. Dept. of
(amending 41 U.S.C. § the Army, No. Civ. S001748,
1
423(a)(1)(Procurement 2001 WL 34098652, at * 3-4
Integrity Act) (E.D. Cal. May 4, 2001)
(dictum).
exempts from disclosure information that pertains to actual, potential, or threatened HQ : 2
6 U.S.C. § 133 (Critical interference with, attack on, compromise of, or incapacitation of critical infrastructure or
Infrastructure protected systems by either physical or computer-based attack or other similar conduct
2
Information Act of (including the misuse of or unauthorized access to all types of communications and data
2002) transmission systems) that violates federal, state, or local law, harms interstate commerce
of the United States, or threatens public health or safety.
V. FOIA REQUESTS
A. Received, Processed and Pending FOIA Requests
Number of Number of Number of Number of
Requests Pending Requests Received Requests Requests
as of Start of in Fiscal Year Processed in Pending as of
Fiscal Year Fiscal Year End of Fiscal
Year
HQ 432 984 688 728

AGENCY 432 984 688 728


OVERALL

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


Number
Number of Number of
of Partial Full Denials
Number of Full Denials Based on Reasons Other than Exemptions
Full Grants/ Based on
Grants Partial Exemptions
Denials
Appeal TOTAL
Based
All Records Improper Other
Records Solely on
Referred to Fee- FOIA Not Request
No Request Not Duplicate Denial of
Another Related Request Agency in *Explain
records Withdrawn Reasonably Request Request
Component Reason for Other Record Litigation in chart
Described for
or Agency Reason below
Expedited
Processing
HQ 38 91 16 68 1 83 14 3 3 42 326 0 0 3 688

AGENCY 38 91 16 68 1 83 14 3 3 42 326 0 0 3 688


OVERALL

B.(2) Disposition of FOIA Requests - "Other" Reasons for "Full Denials Based on Reasons Other than Exemptions"
Component Description of Other Reasons TOTAL
for Denials from Chart B (1)
& Number of Times Those
Reasons Were Relied upon
Unable to Locate Requester 3
HQ 3

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


(b)(1) (b)(2) (b)(3) (b)(4) (b)(5) (b)(6) (b)(7)(A) (b)(7)(B) (b)(7)(C) (b)(7)(D) (b)(7)(E) (b)(7)(F) (b)(8) (b)(9)
HQ 0 4 41 42 46 87 0 0 11 1 4 1 0 0

AGENCY 0 4 41 42 46 87 0 0 11 1 4 1 0 0
OVERALL

VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS


A. Received, Processed and Pending Administrative Appeals
Number of Number of Number of Number of
Appeals Pending Appeals Received Appeals Appeals
as of Start of in Fiscal Year Processed in Pending as of
Fiscal Year Fiscal Year End of Fiscal
Year
HQ 13 15 16 12

AGENCY 13 15 16 12
OVERALL

B. Disposition of Administrative Appeals - All Processed Appeals


Number Affirmed Number Partially Number Completely Number of TOTAL
on Appeal Affirmed & Partially Reversed/Remanded Appeals Closed
Reversed/Remanded on Appeal for Other Reasons
on Appeal
HQ 7 6 1 2 16

AGENCY 7 6 1 2 16
OVERALL

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


(b)(1) (b)(2) (b)(3) (b)(4) (b)(5) (b)(6) (b)(7)(A) (b)(7)(B) (b)(7)(C) (b)(7)(D) (b)(7)(E) (b)(7)(F) (b)(8) (b)(9)
HQ 0 1 3 1 2 5 1 0 2 0 1 0 0 0

AGENCY 0 1 3 1 2 5 1 0 2 0 1 0 0 0
OVERALL

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


No Records Request Fee- Records Not Improper Not Duplicate Request in Appeal Based Other TOTAL
records Referred at Withdrawn Related Reasonably FOIA Agency Request or Litigation Solely on Denial
Initial Reason Described Request for Record Appeal of Request for *Explain
Request Other Expedited in chart
Level Reason Processing below
HQ 5 0 0 1 0 0 0 0 0 2 0 8

AGENCY 5 0 0 1 0 0 0 0 0 2 0 8
OVERALL

C.(3) Reasons for Denial on Appeal - "Other" Reasons


Component Description of Other Reasons TOTAL
for Denials from Chart C (2)
& Number of Times Those
Reasons Were Relied upon

C.(4) Response Time for Administrative Appeals


Median Average Lowest Highest
Number Number Number Number
of Days of Days of Days of Days
HQ 89.5 101.31 35 210

AGENCY 89.5 101.31 35 210


OVERALL

C.(5) Ten Oldest Pending Administrative Appeals


10th Oldest 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Appeal
Appeal and and Number of
Number of Days Pending
Days Pending
2024-07-15 2024-02-09 2024-01-22 2023-12-19 2023-12-18 2023-10-04 2023-07-03 2023-05-24 2023-04-14 2023-01-31
HQ 54 161 175 196 197 247 312 338 366 418
AGENCY 2024-07-15 2024-02-09 2024-01-22 2023-12-19 2023-12-18 2023-10-04 2023-07-03 2023-05-24 2023-04-14 2023-01-31
OVERALL 54 161 175 196 197 247 312 338 366 418

VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS
A. Processed Requests - Response Time for All Processed Perfected Requests
SIMPLE COMPLEX EXPEDITED PROCESSING
Median Average Lowest Highest Median Average Lowest Highest Median Average Lowest Highest
Number Number Number Number Number Number Number Number Number Number Number Number
of Days of Days of Days of Days of Days of Days of Days of Days of Days of Days of Days of Days
HQ 34 34 9 59 1 111.09 0 1355 140 140 140 140

AGENCY 34 34 9 59 1 111.09 0 1355 140 140 140 140


OVERALL

B. Processed Requests - Response Time for Perfected Requests in Which Information Was Granted
SIMPLE COMPLEX EXPEDITED PROCESSING
Median Average Lowest Highest Median Average Lowest Highest Median Average Lowest Highest
Number Number Number Number Number Number Number Number Number Number Number Number
of Days of Days of Days of Days of Days of Days of Days of Days of Days of Days of Days of Days
HQ 9 9 9 9 161 341.93 0 1355 140 140 140 140

AGENCY 9 9 9 9 161 341.93 0 1355 140 140 140 140


OVERALL

C. Processed Requests - Response Time in Day Increments


Simple Requests
< 1 1-20 21-40 41-60 61-80 81-100 101-120 121-140 141-160 161-180 181-200 201-300 301-400 401+ TOTAL
Day Days Days Days Days Days Days Days Days Days Days Days Days Days
HQ 0 1 0 1 0 0 0 0 0 0 0 0 0 0 2

AGENCY 0 1 0 1 0 0 0 0 0 0 0 0 0 0 2
OVERALL
Complex Requests
< 1 1-20 21-40 41-60 61-80 81-100 101-120 121-140 141-160 161-180 181-200 201-300 301-400 401+ TOTAL
Day Days Days Days Days Days Days Days Days Days Days Days Days Days
HQ 337 138 27 13 17 11 9 10 8 7 5 13 16 69 680

AGENCY 337 138 27 13 17 11 9 10 8 7 5 13 16 69 680


OVERALL
Requests Granted Expedited Processing
< 1 1-20 21-40 41-60 61-80 81-100 101-120 121-140 141-160 161-180 181-200 201-300 301-400 401+ TOTAL
Day Days Days Days Days Days Days Days Days Days Days Days Days Days
HQ 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1

AGENCY 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1
OVERALL

D. Pending Requests - All Pending Perfected Requests


SIMPLE COMPLEX EXPEDITED PROCESSING
Number Median Average Number Median Average Number Median Average
Pending Number Number Pending Number Number Pending Number Number
of Days of Days of Days of Days of Days of Days
HQ 0 0 0 709 150 325.7 13 1095 1040.69

AGENCY 0 0 0 709 150 325.7 13 1095 1040.69


OVERALL

E. Pending Requests - Ten Oldest Pending Perfected Requests


10th Oldest 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request
Request and and Number of
Number of Days Pending
Days Pending
2020-01-06 2019-12-19 2019-12-12 2019-11-25 2019-11-21 2019-11-14 2019-11-08 2019-10-30 2019-08-19 2019-03-07
HQ 1189 1199 1204 1216 1218 1223 1226 1233 1283 1398
AGENCY 2020-01-06 2019-12-19 2019-12-12 2019-11-25 2019-11-21 2019-11-14 2019-11-08 2019-10-30 2019-08-19 2019-03-07
OVERALL 1189 1199 1204 1216 1218 1223 1226 1233 1283 1398

VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER
A. Requests for Expedited Processing
Number Number Median Average Number
Granted Denied Number of Number of Adjudicated
Days to Days to Within Ten
Adjudicate Adjudicate Calendar Days
HQ 1 45 0 3.59 43

AGENCY 1 45 0 3.59 43
OVERALL

B. Requests for Fee Waiver


Number Number Median Average
Granted Denied Number of Number of
Days to Days to
Adjudicate Adjudicate
HQ 6 18 0 8.88

AGENCY 6 18 0 8.88
OVERALL

IX. FOIA PERSONNEL AND COSTS


PERSONNEL COSTS
Number of Number of Total Processing Litigation- Total
Full-Time Equivalent Number of Costs Related Costs
FOIA Employees Full-Time Full-Time Costs
FOIA FOIA Staff
Employees
HQ 23 0.00 23.00 $0.00 $0.00 $0.00

AGENCY 23 0.00 23.00 $0.00 $0.00 $0.00


OVERALL

X. FEES COLLECTED FOR PROCESSING REQUESTS


Total Amount of Fees Percentage of Total Costs
Collected (Rounded to nearest hundredth decimal)
HQ $0.00 0

AGENCY $0.00 0
OVERALL

XI. Exclusion Use and Proactive Disclosures

XI.A. Number of Times Subsection (C) Used


Agency/Component Number of Times Subsection Used
HQ 0
AGENCY
0
OVERALL

XI.B. Number of Subsection (A)(2) Postings


Agency/Component Number of Records Posted by the FOIA Office Number of Records Posted by Program Offices
HQ 18 0
AGENCY
18 0
OVERALL

XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS


A. Backlogs of FOIA Requests and Administrative Appeals
Number of Backlogged Number of Backlogged
Requests as of End of Appeals as of End of
Fiscal Year Fiscal Year
HQ 590 12

AGENCY 590 12
OVERALL

Discuss/Explain the backlog here(Optional)

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


Number of Number of Number of Number of
Consultations Received Consultations Consultations Received Consultations Received
from Other Agencies Received from Other from Other Agencies from Other Agencies
that Were Pending at Agencies During the that Were Processed by that Were Pending at
Your Agency as of Fiscal Year Your Agency During Your Agency as of
Start of the Fiscal Year the Fiscal Year End of the Fiscal Year
HQ 8 46 51 3

AGENCY 8 46 51 3
OVERALL

C. Consultations on FOIA Requests - Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency
10th Oldest 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation
Consultation and and Number of
Number of Days Pending
Days Pending
N/A N/A N/A N/A N/A N/A N/A 2024-09-26 2024-09-24 2024-08-28
HQ 0 0 0 0 0 0 0 2 4 22
AGENCY N/A N/A N/A N/A N/A N/A N/A 2024-09-26 2024-09-24 2024-08-28
OVERALL 0 0 0 0 0 0 0 2 4 22

D. Comparison 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 Number Received Number Processed Number Processed
During Fiscal Year During Fiscal Year During Fiscal Year During Fiscal Year
from Last Year's from Current from Last Year's from Current
Annual Report Annual Report Annual Report Annual Report
HQ 338 984 334 688

AGENCY 338 984 334 688


OVERALL

Number of Backlogged Number of Backlogged


Requests as of End of Requests as of End of
the Fiscal Year from the Fiscal Year from
Previous Annual Report Current Annual Report
HQ 401 590

AGENCY 401 590


OVERALL

E. Comparison 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 Number Received Number Processed Number Processed
During Fiscal Year During Fiscal Year During Fiscal Year During Fiscal Year
from Last Year's from Current from Last Year's from Current
Annual Report Annual Report Annual Report Annual Report
HQ 18 15 15 16

AGENCY 18 15 15 16
OVERALL

Number of Backlogged Number of Backlogged


Appeals as of End of Appeals as of End of
the Fiscal Year from the Fiscal Year from
Previous Annual Report Current Annual Report
HQ 11 12

AGENCY 11 12
OVERALL

F. Discussion of Other FOIA Activities (Optional)

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