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FOIA Annual Report

Millennium Challenge Corporation Freedom of Information Act (FOIA) Annual Report, FY 2019

January 23, 2020

Basic Information Regarding Report

  1. Name, title, address, and telephone number of person(s) to be contacted with questions about the report:

    Tamiko N. Walker, Chief FOIA Officer
    Millennium Challenge Corporation
    1099 Fourteenth Street, NW
    8th Floor
    Washington, DC 20005
    Telephone: (202) 521-3730
    E-mail: foia@mcc.gov

  2. Electronic address for the report on the World Wide Web:

    http://www.mcc.gov/foia

  3. How to obtain a copy of the report in paper form:

    Contact Glenn Lewis, Millennium Challenge Corporation (202)772-6686

Making a FOIA Request

  1. Names, addresses and telephone numbers of all individual MCC components and offices that receive FOIA requests:

    Tamiko N. Walker, Chief FOIA Officer
    Millennium Challenge Corporation
    1099 Fourteenth Street, NW
    8th Floor
    Washington, DC 20005
    Telephone: (202) 521-3730
    E-mail: foia@mcc.gov

  2. Brief description of why some requests are not granted:

    MCC denied eleven (11) information requests in FY2019 because there were no records

    responsive to the requests.

    Millennium Challenge Corporation Freedom of Information Act (FOIA) Annual Report, FY 2019

    MCC denied one (1) information request in FY2019 because the requests were not

    reasonably described.

    MCC denied part of one (1) information request in FY2019 invoking Exemption 1.

    MCC denied part of two (2) information request in FY2019 invoking Exemption 2.

    MCC denied part of three (3) information request in FY2019 invoking Exemption 3.

    MCC denied part of two (2) information requests in FY2019 invoking Exemptions 4.

    MCC denied part of one (1) information requests in FY2019 invoking Exemption 5.

    MCC denied part of 3 (3) information requests in FY2019 invoking Exemption 6.

    3. Acronyms, Definitions, and Exemptions

    1. Agency-specific acronyms or other terms
      1. MCC
        Millennium Challenge Corporation. The independent executive agency established by Congress in the Millennium Challenge Act of 2003.
    2. Basic terms, expressed in common terminology
      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.
      12. 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.
      13. Simple Request
        a FOIA request that an agency using multi-track processing places in its fastest (nonexpedited) track based on the low volume and/or simplicity of the records requested.
      14. 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.
      15. 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.
      16. Pending Request or Pending Administrative Appeal
        a request or administrative appeal for which an agency has not taken final action in all respects.
      17. 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.
      18. Processed Request or Processed Administrative Appeal
        a request or administrative appeal for which an agency has taken final action in all respects.
      19. Range in Number of Days
        the lowest and highest number of days to process requests or administrative appeals.
      20. 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. Concise descriptions of the nine FOIA exemptions
      1. Exemption 1
        classified national defense and foreign relations information
      2. Exemption 2
        information that is related solely to the internal personnel rules and practices of an agency.
      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
  1. Agency Component Abbreviations
Component Abbreviation Component Name
   
   
   

IV. Exemption 3 Statuses

Statute Type of Information
Withheld		 Case Citation Agency / Component Number of Times
Relied upon
by Agency / Component		 Total Number of
Times Relied upon
by Agency Overall
10 U.S.C. § 130c Certain “sensitive
information of foreign
governments” and certain
international organizations		 ACLU v. DOD, 389 F. Supp.
2d 547, 554 (S.D.N.Y. 2005);
Nat’l Inst. of Military Justice v.
DOD, 404 F. Supp. 2d 325,
335-37 (D.D.C. 2005), aff’d on
other grounds, 512 F.3d 677
(D.C. Cir. 2008); Gerstein v.
DOD, No. 03-5193, slip op. at 8
(N.D. Ca. Dec. 21, 2004).		 MCC 2 2
       
           

V. FOIA Requests

A. FOIA Request – Received, Processed and Pending FOIA Requests
Agency / Component 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
MCC 3 27 28 2
         

AGENCY OVERALL

 3 27 28 2
B.(1). Disposition of FOIA Requests–All Processed Requests
Agency / Component Number of Full Grants Number of Partial Grants / Partial Denials Number of Full Denials Based on Exemptions Number of Full Denials Based on Reasons Other than 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 Reason Not Agency Record Duplicate Request Other *Explain in Chart Below TOTAL
MCC 2 4 7 11 1 0 0

1

1

1

0

0

28

 

 

 

 

 

 

 

 

 0

AGENCY OVERALL

 2 4 7 11 1 0 0 1 1 1 0 0 28
B.(2). Disposition of FOIA Requests – "Other" Reasons For "Full Denials Based on Reasons Other Than Exemptions"
Agency / Component Description of "Other" Reasons for Denials from Chart B(1) Number of Times "Other" Reason Was Relied Upon TOTAL
MCC N/A 0 0
   
AGENCY OVERALL     0
       
B.(3). Disposition of FOIA Requests – Number of Times Exemptions Applied
Agency / Component 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
MCC 1 1 2 2 1 3 0 0 0 0 0 0 0 0

AGENCY OVERALL

 1 1 2 2 1 3 0 0 0 0 0 0 0 0

VI. Administrative Appeals

A. Administrative Appeals of Initial Determiniations of FOIA Requests – Received, Processed, and Pending Administrative Appeals
Agency / Component 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
MCC 0 3 3 0
0
AGENCY OVERALL 0 3 3 0
B. Disposition of Administrative Appeals – All Processed Appeals
Agency / Component 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
MCC 2 0 1 0 3
0
AGENCY OVERALL 2 0 1 0 3
C.(1). Reasons for Denial on Appeal – Number of Times Exemptions Applied
Agency / Component 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
MCC 0 1 0 0 1 1 0 0 0 0 0 0 0 0
AGENCY OVERALL 0 1 0 0 1 1 0 0 0 0 0 0 0 0
C.(2). Reasons for Denial on Appeal – Reasons Other Than Exemptions
Agency / Component 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 Based Solely on Denial of Request for Expedited Processing Other *Explain in chart below
MCC 0 0 0 0 0 0 0 0 0 0 0
AGENCY OVERALL 0 0 0 0 0 0 0 0 0 0 0
C.(3). Reason for Denial on Appeal –"Other" Reasons
Agency / Component Description of "Other" Reasons for Denial on Appeal from Chart C(2) Number of Times "Other" Reason Was Relied Upon TOTAL
MCC N/A 0 0
AGENCY OVERALL 0
C.(4). Response Time for Administrative Appeals
Agency / Component Median Number of Days Average Number of Days Lowest Number of Days Highest Number of Days
AGENCY OVERALL 6.00 10.00 6.00 18.00
C.(5). Ten Oldest Pending Administrative Appeals
Agency / Component 10th Oldest Appeal 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Appeal
Date of Appeal
Number of Days Pending

AGENCY OVERALL

Date of Appeal

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Number of Days Pending 0 0 0 0 0 0 0 0 0 0

VII.

A. FOIA Requests – Response Time for All Processed Perfected Requests
Agency / Component 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 92 35 1 121 N/A N/A N/A N/A N/A N/A N/A N/A
B. Processed Requests – Response Time for Perfected Requests in which Information was Granted
Agency / Component 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 76 93.7 1 226 N/A N/A N/A N/A N/A N/A N/A N/A
C. Processed Simple Requests – Response Time in Day Increments
Agency / Component 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
MCC 1 2 8 4 5 2 1 0 0 2 1 0 0 26
0
AGENCY OVERALL 1 2 8 4 5 2 1 0 0 2 1 0 0 26
C. Processed Complex Requests – Response Time in Day Increments
Agency / Component 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
MCC 0 0 0 0 0 0 0 0 0 0 0 0 0 0
0
AGENCY OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0
C. Processed Requests Granted Expedited Processing – Response Time in Day Increments
Agency / Component <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
0
MCC 0 0 0 0 0 0 0 0 0 0 0 0 0 0
AGENCY OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0
D. Pending Requests – All Pending Perfected Requests
Agency / Component 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 2 218.5 218.5 0 N/A N/A 0 N/A N/A
E. PENDING REQUESTS – TEN OLDEST PENDING PERFECTED REQUESTS
Agency / Component 10th Oldest Request 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request
Date of Receipt
Number of Days Pending
AGENCY OVERALL Date of Receipt N/A N/A N/A N/A N/A N/A N/A N/A 2019-09-25 2018-12-05
Number of Days Pending 0 0 0 0 0 0 0 0 75 362

VIII.

A. Requests for Expedited Processing
Agency / Component Number Granted Number Denied Median Number of Days to Adjudicate Average Number of Days to Adjudicate Number Adjudicated Within Ten Calendar Days
AGENCY OVERALL 0 0 N/A N/A 0
B. Requests for Fee Waiver
Agency / Component Number Granted Number Denied Median Number of Days to Adjudicate Average Number of Days to Adjudicate
AGENCY OVERALL 0 0 N/A N/A

IX. FOIA Personnel and Costs

Agency / Component PERSONNEL COSTS
Number of "Full-Time FOIA Employees" Number of "Equivalent Full-Time FOIA Employees" Total Number of "Full-Time FOIA Staff" Processing Costs Litigation-Related Costs Total Costs
MCC 1 2.5 3.5 $177,000.00 $0.00 $177,000.00
0 $0.00
AGENCY OVERALL 1 2.5 3.5 $177,000.00 $0.00 $177,000.00

X. Fees Collected for Processing Requests

Agency / Component Total Amount of Fees Collected Percentage of Total Costs
MCC $0.00 0.00%
AGENCY OVERALL $0.00 0.00%

XI.

A. Number of Times Subsection (C) Used
Agency / Component Number of Times Subsection Used
MCC 0
AGENCY OVERALL 0
B. Number of Subsection (A)(2) Postings
Agency / Component Number of Records Posted by the FOIA Office Number of Records Posted by Program Offices
MCC 0 0
AGENCY OVERALL 0 0

XII.

A. Backlogs of FOIA Requests and Administrative Appeals
Agency / Component Number of Backlogged Requests as of End of Fiscal Year Number of Backlogged Appeals as of End of Fiscal Year
MCC 2 0
AGENCY OVERALL 2 0
B. Consultations on FOIA Requests – Received Processed and Pending Consultations
Agency / Component Number of Consultations Received from Other Agencies that were Pending at the Agency 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 by the Agency During the Fiscal Year Number of Consultations Received from Other Agencies that were Pending at the Agency as of End
of the Fiscal Year
MCC 0 0 0 0
0
AGENCY OVERALL 0 0 0 0
C. Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pendingat the Agency
Agency / Component 10th Oldest Consultation 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation
Date
Number of Days
AGENCY OVERALL Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A
Number of Days 0 0 0 0 0 0 0 0 0 0
D.(1). Comparison of Numbers of Requests from Previous and Current Annual Report – Requests Received and Processed
Agency / Component 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
MCC 23 27 22 28
AGENCY OVERALL 23 27 22 28
D.(2). Comparison of Numbers of Requests from Previous and Current Annual Report – Backlogged Requests
Agency / Component Number of Backlogged Requests as of End of the Fiscal Year from Previous Annual Report Number of Backlogged Requests as of End of the Fiscal Year from Current Annual Report
MCC 2 2
AGENCY OVERALL 2 2
E.(1). Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeals Received and Processed
Agency / Component 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
MCC 0 3 0 3
AGENCY OVERALL 0 3 0 3
E.(2). Comparison of Numbers of Administrative Appeals From Previous and Current Annual Report – Backlogged Appeals
Agency / Component 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
MCC 0 0
AGENCY OVERALL 0 0