U.S. Department of Housing and Urban Development2009 Annual FOIA ReportI.Basic Information Regarding ReportA. Questions about this report should be directed to: Vicky J. LewisAssistant Executive SecretaryFreedom of Information Act OfficeOffice of Administration Room 10139451 Seventh Street, SWWashington, DC 20410-3000 (202) 708-3054The World Wide Web address to obtain an electronic copy of the Freedom of Information Act (FOIA) report is http://www.hud.gov/offices/adm/foia/foiarpts.cfm. The report can be accessed by clicking “HUD Annual FOIA Report 2009.” A paper copy of the report can be obtained by submitting a request to the Assistant Executive Secretary, Office of the Executive Secretariat, FOIA Office, 451 Seventh Street, SW, Room 10139, Washington, DC 20410. II.How to Make a FOIA Request For basic information about how to make a FOIA request, please visit HUD's website at http://www.hud.gov/offices/adm/foia/foiarequests.cfm.For the names, addresses, and telephone numbers of all offices that receive FOIA requests, visit HUD's website at http://portal.hud.gov/portal/page/portal/HUD/program_offices/administration/foia/servicecentersers.cfm.Brief description of why FOIA requests are not granted. The most frequent reason that a FOIA request was not granted was that the request was a no documents response (HUD did not have records requested). The primary reasons for not granting a request where documents could be located is that disclosure would result in an unwarranted invasion of personal privacy or that the information was inter-agency or intra-agency, deliberative material, attorney work product and attorney-client material.III.Acronyms, Definitions, and ExemptionsAgency-specific acronyms or other terms are as follows:HUD - Department of Housing and Urban DevelopmentOIG - Office of Inspector GeneralBasic terms expressed in common terminology. 1. Administrative 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 FOIA, or any other FOIA determination, such as a matter pertaining to fees.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 the agency 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 thatother agency has an interest in the document. Once the agency in receipt of theconsultation finishes its review of the record, it responds back to the agency thatforwarded it. That agency, in turn, will then respond to the FOIA requester.6.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).7.FOIA/PA request - 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, are included in 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 part of a record or records in response to a FOIA request because the requested 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 can be located.10.Initial Request - a request to a federal agency for access to records under the FOIA.11. Median Number - the middle, not average, number. For example, of 3, 7, and 14, the median number is 7.12. 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.Expedited Processing - an agency will process a FOIA request on an expedited basis when a requester satisfies requirements for expeditedprocessing as set forth in the statute and in agency regulations.Routine/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.Complex Request - a FOIA request that an agency using multi-trackprocessing places in a slower track based on the high volume and/or complexity of the records requested.13. No Documents - no records are located in response to a FOIA request.14.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.15.Pending Request or Pending Administrative Appeal - a request or administrative appeal for which an agency has not taken final action inall respects.16. Perfected Request - a request for records which reasonably describe such records and is made in accordance with published rules stating the time, place,fees (if any), and procedures to be followed.17.Processed Request or Processed Administrative Appeal - a request or administrative appeal for which an agency has taken a final action on the request or the appeal in all respects.18.Range in Number of Days - the lowest and highest number of days to process requests or administrative appeals.19.Time Limits - the time period for an agency to respond to a FOIA request is ordinarily 20 working days from the receipt of a perfected FOIA request.C. Description of the nine FOIA Exemptions:Exemption 1: classified national defense and foreign relations information.Exemption 2: internal agency rules and practices.Exemption 3: information that is prohibited from disclosure by another federal law.Exemption 4: trade secrets and other confidential business information.Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges.Exemption 6: information involving matters of personal privacy.Exemption 7: records or information compiled for law enforcement purposes, to the extent that the production of the 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.Exemption 8: information relating to the supervision of financial institutions.Exemption 9: geological information on wells.IV.Exemption 3 Statutes Exemption 3 Statutes Relied upon to Withhold InformationStatuteType of Information WithheldCase CitationNumber of Times Relied upon per ComponentTotal Number of Times Relied upon by Agency42 USC §3601(d)Information Related to conciliation under the Fair Housing ActNoneRegion 9 - 1Region 4 - 1Region 7 - 1Region X - 3641 USC §253b(m)Proposals received from unsuccessful offerors and not incorporated into the contractHornbostel v. United States Department of Interior, 305 F. Supp. 2d 21 (DDC, 2003)Headquarters - 4Philadelphia Regional Office - 26V.FOIA RequestsReceived, Processed, and Pending FOIA RequestsNumber of Requests Pending as of Start of Fiscal YearNumber of Requests Received in Fiscal YearNumber of Requests Processed in Fiscal YearNumber of Requests Pending as of End of Fiscal YearHeadquarters368 9581,134192Field2601,6071,660207OIG 69 193 255 7Agency Overall697 2,758 3,049406(1) Disposition of FOIA Requests - All Processed RequestsNumber of Full GrantsNumber of Partial Grants/ Partial DenialsNumber of Full Denials Based on ExemptionsNumber of Full Denials Based on Reasons Other than ExemptionsNo recordsAll Records Referred to Another Component or AgencyRequest With-drawnFee- Related ReasonRecords not Reasonably DescribedImproper FOIA Request for Other ReasonNot Agency RecordDuplicate RequestOther*Explain in chart belowTotal Headquarters351 151 25185 49 60 41 35 2813211751,134 Field Office332 266 89206 76154 91 74 88 82 951071,660 OIG 14 99 35 49 0 13 12 11 8 0 14 0 255 Agency Overall697 516149440 125227144120124 951302823,049B (2) “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) ChartComponentDescription of “Other” Reasons for Denials from Chart B (1) and Number of Times Those Reasons Were Relied uponTotalHeadquartersRequests were administratively closed175Field OfficeRequests were administratively closed107B (3) Disposition of FOIA Requests - Number of Times Exemptions AppliedEx.1Ex. 2Ex.3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C) Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex.8Ex. 9Headquarters011 474 32157 60 20 1000Field Office020 848 81136 62122 5100OIG017 0 1 20 77220270 4000Agency Overall0481212313337034041210100VI.Administrative Appeals of Initial Determinations of FOIA RequestsReceived, Processed, and Pending Administrative AppealsNumber of Appeals Pending as of Start of Fiscal YearNumber of Appeals Received in Fiscal YearNumber of Appeals Processed in Fiscal YearNumber of Appeals Pending as of End of Fiscal Year039390 Disposition of Administrative Appeals - All Processed AppealsNumber Affirmed on AppealNumber Partially Affirmed and Partially Reversed/Remanded on AppealNumber Completely Reversed/Remanded on AppealNumber of Appeals Closed for Other ReasonsTotal20811039(1) Reasons for Denial on Appeal - Number of Times Exemptions AppliedEx. 1Ex. 2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(E)Ex. 8Ex. 900263800000000 C. (2) Reasons for Denial on Appeal - Reasons Other than ExemptionsNo RecordsRecords Referred at Initial Request LevelRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper Request for Other ReasonsNot Agency RecordDuplicate Request or AppealRequest in LitigationAppeal Based Solely on Denial of Request for Expedited ProcessingOther *Explainin chartbelow 20000000000(3) Reasons for Denial on Appeal - “Other” Reasons from Section VI, C (2) ChartDescription of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied UponTotalN/A 0 C. (4) Response Time for Administrative AppealsProvide the median, average, and range in number of days to respond to administrative appealsMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days N/AN/AN/AN/AHUD's computer system does not generate reports for the above information. Adaptations to the computer program have been requested to address this issue. C. (5) Ten Oldest Pending Administrative Appeals Provide the dates of receipt of the ten oldest pending administrative appeals, and the number of days pending. 10th Oldest Oldest Appeal 9th 8th 7th 6th 5th 4th 3rd 2nd AppealDate of Receipt of Ten Oldest AppealsN/A000000000Number of Days PendingN/A000000000VII.FOIA Requests: Response Time for Processed and Pending Requests Provide Requests - Response Time for All Processed Perfected Requests Provide the median, average, and range in number of days to process all perfected requests. Simple Complex Expedited ProcessingMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days Median Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysHeadquartersN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AField OfficeN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AOIGN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAgency OverallN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AHUD's computer system does not generate reports for the above information. Adaptations to the computer program have been requested to address this issue. Processed Requests - Response Time for Perfected Requests in Which Information Was Granted Provide the median, average, and range in number of days to process all perfected requests in which information was granted. (“Granted” refers to full grants and partial grants). Simple Complex Expedited ProcessingMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days Median Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysHeadquartersN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AField OfficeN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AOIGN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAgency OverallN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AHUD's computer system does not generate reports for the above information. Adaptations to the computer program have been requested to address this issue. C. Processed Requests - Response Time in Day IncrementsSimple Requests1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTotalHeadquartersN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AField OfficeN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AOIGN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAgency OverallN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AHUD's computer system does not generate reports for the above information. Adaptations to the computer program have been requested to address this issue.Complex Requests1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTotalHeadquartersN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AField OfficeN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AOIGN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAgency OverallN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AHUD's computer system does not generate reports for the above information. Adaptations to the computer program have been requested to address this issue.Requests Granted Expedited Processing1-20 Days21-40 Days41-60 Days61-80 Days81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ DaysTotalHeadquartersN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AField OfficeN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AOIGN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AAgency OverallN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A HUD's computer system does not generate reports for the above information. Adaptations to the computer program have been requested to address this issue. D. Pending Requests - All Pending Perfected Requests Simple Complex Expedited ProcessingNumber PendingMedian Number of DaysAverage Number of DaysNumber Pending Median Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of DaysHeadquartersN/AN/AN/AN/AN/AN/AN/AN/AN/AField OfficeN/AN/AN/AN/AN/AN/AN/AN/AN/AOIGN/AN/AN/AN/AN/AN/AN/AN/AN/AAgency OverallN/AN/AN/AN/AN/AN/AN/AN/AN/AHUD's computer system does not generate reports for the above information. Adaptations to the computer program have been requested to address this issue. E. Pending Requests - Ten Oldest Pending Perfected Requests10th Oldest Request and Number of Days Pending9th8th7th6th5th4th3rd2ndOldest Request and Number of Days Pending2/08/081/23/081/15/0812/26/0712/19/0711/14/079/17/074/16/074/4/077/01/043704084104224274514935996161,345 VIII. Requests for Expedited Processing and Requests for Fee WaiverRequests for Expedited ProcessingNumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar DaysHeadquartersN/AN/AN/AN/AN/AField OfficeN/AN/AN/AN/AN/AOIGN/AN/AN/AN/AN/AAgency OverallN/AN/AN/AN/AN/ARequests for Fee WaiverNumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateHeadquartersN/AN/AN/AN/AField OfficeN/AN/AN/AN/AOIGN/AN/AN/AN/AAgency OverallN/AN/AN/AN/ANumber of expedited requests received was 424. HUD's computer system does not generate reports for the number of expedited requests and fee waiver requests that were granted and denied. Adaptations to the computer program have been requested to address this issue.IX.FOIA Personnel and Costs PersonnelCosts Personnel CostsNumber of “Full-Time FOIA Employees”Number of “Equivalent Full-Time FOIA Employees”Total Number of “Full-Time FOIA Staff”Processing CostsLitigation-Related CostsTotal CostsHeadquarters 11 7 181,239,780 9,0861,248,866Field Office 8930119 935,836 47,384 983,220OIG 2 0 2 147,916 1,000 148,916Agency Overall102371392,323,53257,4702,381,002X. Fees Collected for Processing RequestsTotal Amount of Fees CollectedPercentage of Total CostsAgency Overall$310,56513%XI.FOIA Regulations (Including Fee Schedule)The World Wide Web Internet address to obtain the Department of Housing and Urban Development FOIA Regulation is: http://www.hud.gov/offices/adm/foia/foiareg.cfm.XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS Backlog of FOIA Requests and Administrative AppealsNumber of Backlogged Requests as of End of Fiscal YearNumber of Backlogged Appeals as of End of Fiscal YearHeadquarters1920Field Offices2070OIG 70Agency Overall4060Consultations of FOIA Requests - Received, Processed, and Pending ConsultationsNumber of Consultations Received from Other Agencies that Were Pending at the Department of Housing and Urban Development as of the Start of the Fiscal YearNumber of Consultations Received from Other Agencies During the Fiscal YearNumber of Consultations Received from Other Agencies that Were Processed by the Department of Housing and Urban Development During the Fiscal YearNumber of Consultations Received from Other Agencies that Were Pending at the Department of Housing and Urban Development as of the End of the Fiscal YearHeadquarters0110Field Office0000OIG0000Agency Overall0110 Consultations on FOIA Requests - Ten Oldest Consultations Received from Other Agencies and Pending at the Department of Housing and Urban Development.Dates of receipt of the ten oldest consultations received from other agencies pending at the Department of Housing and Urban Development as of the end of the fiscal year.10th Oldest and Number of Days Pending9th8th7th6th5th4th3rd2ndOldest Consultation and Number of Days PendingHeadquartersDateNumber of Days000000000Field OfficesDateNumber of Days000000000OIGDateNumber of Days000000000Agency OverallDateNumber of Days000000000 ComparisonsD. (1) and (2) Comparison of Number of Requests from Previous and Current Annual Report.Number of Requests ReceivedNumber of Requests ProcessedNumber Received During Fiscal Year from Last Year's Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year's Annual ReportNumber Processed During Fiscal Year from Current Annual ReportHeadquarters1,138 9581,1641,134Field Offices 1,6081,6071,6731,660OIG 253 193 229 255Agency Overall2,9992,7583,0663,049 D. (3) Backlog from Previous and Current Annual Reports.Number of Backlogged Requests as of the End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Requests as of the End of the Fiscal Year from Current Annual ReportHeadquarters368192Field Offices260207OIG 69 7Agency Overall697406(1) and (2) Comparison of Number of Requests from Previous and Current Annual Report - Requests Received, Processed, and Backlogged.Number of Appeals ReceivedNumber of Appeals ProcessedNumber Received During Fiscal Year from Last Year's Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year's Annual ReportNumber Processed During Fiscal Year from Current Annual ReportHeadquarters3030 030Field Offices 3 11 0 11OIG 6 0 0 0Agency Overall3941 0 41Number of Backlogged Appeals as of the End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Appeals as of the End of Fiscal Year from Current Annual ReportHeadquarters00Field Offices00OIG00Agency Overall00 PAGE \* MERGEFORMAT 1 PAGE \* MERGEFORMAT 2PAGE 1455672523FY 2009 Annual FOIA ReportVicky.J.Lewis@hud.govLewis, Vicky J2141625903____UHUDware IIa Test UserMilton, Vicki M22010-03-04T19:53:00Z2016-12-08T13:55:00Z2016-12-08T13:55:00Z013359820509Microsoft Office Word017048falseTitle1____UATSfalse24059false7340076005http://www.hud.gov/offices/adm/foia/foiaservicecentfalse16.0000