Federal Financial Institutions Examination Council (FFIEC)Annual Freedom of Information Act Report

Fiscal Year 2017(For the period 10/01/2016 through 09/30/2017)

I. BASIC INFORMATION REGARDING THIS REPORT

1. The FFIEC contact person for questions about this report is Judith E. Dupre, ExecutiveSecretary, FFIEC, 3501 Fairfax Drive, Room B7081a, Arlington, VA, 22226-3550; telephone:(703) 516-5590, fax: (703) 562-6446.

2. This report is available on the FFIEC website at http://www.ffiec. ov.

3. A paper copy of this report maybe obtained by downloading it from the FFIEC website or byrequesting a copy from the FFIEC FOIA Public Liaison, FFIEC, 3501 Fairfax Drive, RoomB7081a, Arlington, VA, 22226-3550; telephone: (703) 516-5591, fax: (703) 562-6446 or e-mail:rpiccirilli(a,fdic.gov.

4. This report conforms to the guidance outlined in the 2013 "Department of Justice Handbook forAgency Annual Freedom of Information Act Reports" so that content below, where applicable isformatted directly from the Department of Justice Annual FOIA Report tool to ensureconsistency between the two versions of the Annual FOIA Report that agencies are required toprovide.

II. MAHING A FOIA REQUEST TO THE FFIEC

All FOIA requests to the FFIEC must be in writing and directed to the FFIEC, Attn: ExecutiveSecretary, 3501 Fairfax Drive, Room B7081a, Arlington, VA, 22226-3550. Requests may alsobe submitted electronically through the FFIEC's Electronic FOIA Office on the website athttp://www.ffiec.~ov/foia.htm using the email link provided: FOIA(a~ffiec. o~v. The FFIEC'sFOIA Guide is available on the FFIEC website at http://www.ffiec.~ov/foia.htm.

2. Some FOIA requests are denied in whole or in part because the information requested isexempted from disclosure by the FOIA (5 U.S.C. §552 (b)). The exemptions most oftenapplicable to information requested from the FFIEC include (b)(4), (b)(6) and (b)(8). The FFIECreceives a great deal of privileged and private financial information concerning individuals,businesses, and banking entities by virtue of its role as the interagency body empowered toprescribe uniform principles, standards, and report forms for the federal examination of financialinstitutions by the Board of Governors of the Federal Reserve System (FRB), the FederalDeposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), theOffice of the Comptroller of the Currency (OCC), and the Consumer Financial ProtectionBureau (CFPB), and to make recommendations to promote uniformity in the supervision offinancial institutions. Exemptions (b)(4) and (b)(6) are invoked to withhold confidential orprivileged material received by the FFIEC. The FFIEC invokes FOIA exemption (b)(8) to

withhold financial institution examination reports and related information. Other exemptionsmaybe used occasionally. In some cases, records cannot be located.

3. The FFIEC FOIA regulations and fee schedule are found at 12 CFR § 1101.4 and are available athtt~ps://www.ecfr.~ov/chi-bin/text-idx?SID=321921 d0718522e8a670e4ccel c13986&mc=true&node=se12.10.1101 14&ran—div8.

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS

1. There are no FFIEC-specific acronyms or other terms used in this report.

2. Definition of terms used in this report:

a. Administrative Appeal — a request to a federal agency asking that it review at a higheradministrative 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 thequantity 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 atthe 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" isan entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate,within the agency that processes FOIA requests.

e. Consultation —the procedure whereby the agency responding to a FOIA request firstforwards a record to another agency for its review because that other agency has an interest inthe 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 theFOIA requester.

£ Exemption 3 Statute — a federal statute that exempts information from disclosure and uponwhich the agency relies to withhold information under subsection (b)(3) of the FOIA.

g. FOIA Request — a FOIA request is generally a request to a federal agency for access torecords concerning another person (i.e., a "third-party" request), or concerning anorganization, or a particular topic of interest. FOIA requests also include requests made byrequesters seeking records concerning themselves (i.e., "first-party" requests) when thoserequesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because allfirst-party requesters should be afforded the benefit of both the access provisions of the FOIAas well as those of the Privacy Act, FOIA requests also include any first-party requests wherean agency determines that it must search beyond its Privacy Act "systems of records" orwhere a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatestpossible 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 recordsreferred 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 anotheragency. (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 requestbecause 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.

Median Number —the middle, not average, number. For example, of 3, 7, and 14, themedian number is 7.

k. Multi-Track Processing — a system in which simple requests requiring relatively minimalreview are placed in one processing track and more voluminous and complex requests areplaced in one or more other tracks. Requests granted expedited processing are placed in yetanother 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 basiswhen a requester satisfies the requirements for expedited processing as set forth in thestatute and in agency regulations.

ii. Simple Request — a FOIA request that an agency using multi-track processing placesin its fastest (non-expedited) track based on the low volume and/or simplicity of therecords requested.

iii. Complex Request — a FOIA request that an agency using multi-track processingplaces in a slower track based on the high volume and/or complexity of the recordsrequested.

1. Partial Grant/Partial Denial — in response to a FOIA request, an agency decision to discloseportions of the records and to withhold other portions that are exempt under the FOIA, or tootherwise deny a portion of the request for a procedural reason.

m. Pending Request or Pending Administrative Appeal — a request or administrativeappeal 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 ismade in accordance with published rules stating the time, place, fees (if any) and proceduresto be followed.

o. Processed Request or Processed Administrative Appeal — a request or administrativeappeal 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. Concise descriptions of the nine FOIA exemptions:

a. Exemption l: 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 infra-agency communications that are protected by legalprivileges.

£ Exemption 6: information involving matters of personal privacy.

g. Exemption 7: records or information compiled for law enforcement purposes, to the extentthat the production of those records (A) could reasonably be expected to interfere withenforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartialadjudication, (C) could reasonably be expected to constitute an unwarranted invasion ofpersonal privacy, (D) could reasonably be expected to disclose the identity of a confidentialsource, (E) would disclose techniques and procedures for law enforcement investigations orprosecutions, 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.

4. Agency Component Abbreviations

~ Component Abbreviation ~ Component Name ~

TheNe aye no "Agency Component Name or Component Abbreviations "for the FFIEC.

IV. EXEMPTION 3 STATUTES

Total Number

Number of

of

Statute

Type of In

form

atio

nCase Citation

Agency /

Times

Relied upo

nTimes Relied

With

held

Component

by Agency /

upon

Component

by Agency

Over

all

N/A

N/A

N/A

FFI EC

00

V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Number ofNumber of Number of Number of

RequestsRequests Requests Requests

Agency /Component Pending as ofReceived Processed Pending as of End

Startin Fiscal Year in Fiscal Year of Fiscal Year

of Fiscal Year

FFI EC 1 35 36 0

0

AGENCY OVERALL 1 35 36 0

V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Number of Full Den

ials

Based on Reasons Oth

er than Exemptions

Number

Number

of Partial

Number of

All Re

cord

sRe

cord

sIm

proper

Othe

rAgency /

of Full

Gran

ts /

Full Den

ials

No

Refe

rred

toRe u

est

a

Fee-

not

FOIA

Not

Du licate

p

*Ex l

ain

p

Component

Grants

Partial

Based on

Exemptions

Reco

rds

Anot

her

ithdrawn

RelatedRe

ason

abl

Requ

est

for Ot

her

Agency

Record

Requ

est

in Chart

TOTAL

Denials

Componen

Reason

Desc

ribe

dBe

low

or Agency

Reason

FFIEC

33

611

00

00

58

00

36 0

AGENCY

33

611

00

00

58

00

36

OVERALL

V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALSBASED ON REASONS OTHER THAN EXEMPTIONS"

Number of TimesAgency /

Description of "Other" Reasons for Denials from Chart B(1) "Other" Reason TOTALComponent Was Relied Upon

FFIEC N/A 00

AGENCY ~OVERALL

V.B.

(3).

DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency /

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

Component

FFIEC

00

00

62

00

00

00

00

AGENCY

00

00

62

00

00

00

00

OVERALL

VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS --RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS

Agency /ComponentNumber of AppealsPending as of Start

of Fiscal Year

Number ofAppeals Received

in Fiscal Year

Number ofAppeals Processed

in Fiscal Year

Number of AppealsPending as of End

of Fiscal Year

FFIEC 0 6 0 6

0

AGENCY OVERALL 0 6 0 6

VI.B

. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Number Partially

Number Com

plet

ely

Number of Ap

peal

s

Agency /Component

Number Affirmed on

Affirmed &Partially

Reversed/Remanded on

Clos

ed for

Oth

erTOTAL

Appe

alReversed/Remanded on

Appe

alReasons

Appe

al

FFIEC

00

00

0 0

AGENCY OVERALL

00

00

0

VI.C.(1). REASONS FOR DENIAL ON APPEAL --NUMBER OF TIMES EXEMPTIONS APPLIED

Agency /

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

Component

FFIEC

00

00

00

00

00

00

00

AGENCY

00

00

00

00

00

00

00

OVERALL

VI.C

.(2)

. REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Appe

al

Reco

rds

Base

d

Refe

rred

aFe

e-Re

cord

sIm

prop

erNot

Duplicat

eSo

lely

on

Othe

r*E

xpla

inAgency /

No

Init

ial

Requ

est

Related

not

Requ

est

Agency

Requ

est or

Requ

est in

Deni

al of

inComponent

Reco

rds

Requ

est

With

draw

nReason

Reas

onab

lyfor Ot

her

Record

Appe

alLitigation

Requ

est

chart

Level

Desc

ribe

dReasons

for

belo

wExpedited

Proc

essi

ng

FFIEC

00

00

00

00

00

0

AGENCY

00

00

00

00

00

0OVERALL

VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Number of TimesAgency /

Description of "Other" Reasons for Denial on Appeal from Chart C(2) "Other" Reason TOTALComponent

Was Relied Upon

FFIEC N/A 00

AGENCY~OVERALL

VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency /Component Median Number of DaysAverage Number of

DaysLowest Number of Days

Highest Number ofDays

AGENCY OVERALL 0.00 0.00 0.00 0.00

VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency /

10th

Olde

st9th

8th

7th

6th

5th

4th

3rd

2nd

Oldest

Component

Appe

alAp

peal

Date

of Ap

peal

Number of Days

Pend

ing

Date

of Ap

peal

N/N/

N/N/

2017-04-032017-04-032017-04-032017-04-032017-04-032017-04-03

AGENCY

OVERALL

Number of Days

Pend

ing

00

00

240

240

240

240

240

240

VILA. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

SIMPLE

COMPLEX

EXPEDITED PROCESSING

Agency /

Component

Medi

anNumber

of Days

Average

Number

of Days

Lowe

stNumber

of Days

High

est

Number

of Days

Medi

anNumber

of Days

Average

Number

of Days

Lowe

stNumber

of Days

Highest

Number

of Days

Medi

anNumber

of Days

Average

Number

of Days

Lowe

stNumber

of Days

High

est

Number

of Days

AGENCY

OVERALL

5.5

7.4

117

32

32

32

32

N/N/

N/N/

VII.

B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS

GRANTED

SIMPLE

COMPLEX

EXPEDITED PROCESSING

Agency /

Component

Medi

anNumber

of Days

Average

Number

of Days

Lowe

stNumber

of Days

Highest

Number

of Days

Median

Number

of Days

Average

Number

of Days

Lowe

stNumber

of Days

High

est

Number

of Days

Medi

anNumber

of Days

Aver

age

Number

of Days

Lowest

Number

of Days

High

est

Number

of Days

AGENCY

OVERALL

77

312

N/N/

N/N/

N/N/

N/N/

VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency /

<1-20

21-40

41-60

61-80

81-100

101-120121-140141-160161-180181-200201-300301-400

401+

TOTAL

Component

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

FFIEC

30

00

00

00

00

00

30 0

AGENCY

30

00

00

00

00

00

030

OVERALL

VII.

C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency /

<1-20

21-40

41-60

61-80

81-1

00.101-120121-140141-160161-180181-200201-300301-400

401 +

TOTAL

Component

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

FFIEC

01

00

00

00

00

00

01 0

AGENCY

01

00

00

00

00

00

1OVERALL

VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

Agency /

<1-20

21-40

41-60

61-80

81-100

101-120121-140141-160161-180181-200201-300301-400

401+

TOTAL

Component

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

Days

FFIEC

00

00

00

00

00

00

0 0

AGENCY

00

00

00

00

00

00

0OVERALL

VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

SIMPLE

COMPLEX

EXPEDITED PROCESSING

Agency /Component

Number

Pend

ing

Medi

anNumber of

Days

Average

Number of

Days

Number

Pend

ing

Median

Number of

Days

Average

Number of

Days

Number

pend

ing

Medi

anNumber of

Days

Average

Number of

Days

AGENCY OVERALL

0N/

N/0

N/N/

0N/

N/

VILE

. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency /

Com on

ent

p

10th

Oldest

9th

8th

7th

6th

5th

4th

3rd

2nd

Olde

stRe

ques

tRe

ques

t

Date

of Re

ceip

t

Number of Days

Pend

ing

Date

of Re

ceip

tN/

N/N/

N/N/

N/N/

N/N/

N/AGENCY

OVERALL

Number of Days

Pend

ing

00

00

00

00

00

VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency /

Median Number o Average NumberNumber

AdjudicatedComponent

Number Granted Number Denied Days to of Days toWithin Ten

Adjudicate AdjudicateCalendar Days

AGENCYOVERALL 0 1 6 6 1

VIII.B. REQUESTS FOR FEE WAIVER

Agency /Median Number o Average Number

ComponentNumber Granted Number Denied Days to of Days to

Adjudicate Adjudicate

AGENCYOVERALL 0 0 N/ N/

IX. FOIA PERSONNEL AND COSTS

PERSONNEL

COSTS

A enc

/

9

YNumber of "F

ull-

Number of

Total Number of

Com on

ent

p

Time FOIA

"Equ

ival

ent Fu

ll-

"Ful

l-Ti

me FOIA

Processing Costs

Liti

gati

on-R

elat

edTotal Costs

Empl

oyee

s"Time FOIA

Staf

F'Costs

Employees

FFIEC

00.1

0.1

$20,

336.

00$0

.00

$20,

336.

00

0$0

.00

AGENCY

OVERALL

00.1

0.1

$20,336.00

$0.0

0$2

0,33

6.00

X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency /ComponentTotal Amount of Fees

CollectedPercentage of Total

Costs

FFIEC $0.00 0.00%

AGENCY OVERALL $0.00 0.00%

XI.A. NUMBER OF TIMES SUBSECTION USED

Agency /Component Number of Times Subsection Used

FFIEC 0

AGENCY OVERALL 0

XI.B. NUMBER OF SUBSECTION POSTINGS

Agency /ComponentNumber of RecordsPosted by the FOIA

Office

Number of RecordsPosted by Program

Offices

FFIEC 2 14

AGENCY OVERALL 2 14

XII.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS

Agency /ComponentNumber of BackloggedRequests as of End of

Fiscal Year

Number of BackloggedAppeals as of End of

Fiscal Year

FFIEC 0 6

AGENCY OVERALL 0 6

XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, ANDPENDING CONSULTATIONS

Number of Number of Number ofConsultations Received Number of Consultations Received Consultations Received

Agency /Componentfrom Other Agencies Consultations Received from Other Agencies from Other Agencies

that were Pending at the from Other Agencies that were Processed by hat were Pending at theAgency as of Start During the Fiscal Year the Agency During the Agency as of Endof the Fiscal Year Fiscal Year of the Fiscal Year

FFIEC 0 0 0 0

0

AGENCY OVERALL 0 0 0 0

XII.

C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES

AND PENDING AT THE AGENCY

Agency /

Component

10th

Oldest

Consultation

gth

8th

7th

6th

5th

4th

3rd

2nd

Oldest

Consultation

Date

Number of Days

AGENCY

Date

N/N/

N/N/

N/N/

N/N/

N/N/

OVERALL

Number of Days

00

00

00

00

00

XII.

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

Duri

ng Fiscal Year from

Last

Yea

r's An

nual

Repo

rt

Number Received

Duri

ng Fiscal Year from

Current An

nual

Rep

ort

Number Processed

Duri

ng Fiscal Year from

Last Year s Ann

ual

Repo

rt

Number Pro

cess

edDu

ring

Fiscal Year from

Current An

nual

Rep

ort

FFI EC

33

35

32

36

AGENCY OVERALL

33

35

32

36

XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENTANNUAL REPORT -- BACKLOGGED REQUESTS

Number of Backlogged Number of Backlogged

Agency /ComponentRequests as of End of the Requests as of End of theFiscal Year from Previous Fiscal Year from Current

Annual Report Annual Report

FFIEC 0 0

AGENCY OVERALL 0 0

XII.

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

Duri

ng Fiscal Year from

Last Yea

r's An

nual

Repo

rt

Number Received

Duri

ng Fiscal Year from

Current An

nual

Rep

ort

Number Pro

cess

edDu

ring

Fiscal Year fro

mLast Years Ann

ual

Repo

rt

Number Processed

Duri

ng Fiscal Year from

Current An

nual

Rep

ort

FFIEC

06

00

AGENCY OVERALL

06

00

XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROMPREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS

Number of Backlogged Number of Backlogged

Agency /ComponentAppeals as of End of the Appeals as of End of theFiscal Year from Previous Fiscal Year from Current

Annual Report Annual Report

FFIEC 0 6

AGENCY OVERALL 0 6