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The following information is submitted to the U.S. Department
of Justice by the Federal Open Market Committee of the Federal Reserve System
(FOMC) in accordance with the requirements of the Freedom of Information Act (5
U.S.C. � 552(e)), as amended.
I. Basic Information Regarding Report
A. The FOMC�s contact person for questions about this report
is: Ms. Carol R. Low, FOMC Secretariat Specialist, Federal Open Market
Committee, Mail Stop 55, Board of Governors of the Federal Reserve System, 20th
Street and Constitution Avenue, N.W., Washington, DC 20551; (202) 452-3255; FAX
(202) 452-2921.
B. A paper copy of this report may be obtained by downloading
it from the web site (see I.B.above) or requesting it from Ms. Carol R. Low,
(see I.A. above).
II. How to Make a FOIA Request
A. The Federal Open Market Committee does not have individual
agency components or offices that receive requests; all requests may be made to
Mr. Vincent R. Reinhart, Secretary of the Federal Open Market Committee, c/o
Board of Governors of the Federal Reserve System, 20th Street and Constitution
Avenue, N.W., Washington, DC 20551 (Tel: 202-452-2007) or to the FOMC�s contact
person (see I.A. above).
B. The FOMC tries diligently to comply with the statutory time
period for responding to FOIA requests. All of the 11 simple requests that were
processed during fiscal year 2006 were responded to within the 20 working days
provided by the FOIA. There were no complex requests.
C. Of the 11 requests received during FY 2006, 4 were denied
because no responsive records were found. The remaining requests were granted
in full. During past reporting periods, some FOIA requests were denied in part
or in full because certain information was determined to fall within the scope
of one or more of the FOIA exemptions. The types of information that the FOMC
most often withheld consisted of privileged or confidential commercial or
financial information (exemption 4), and inter- and intra-agency predecisional
deliberative communications (exemption 5). All information withheld was
carefully reviewed for compliance with the requirement in subsection (b) of the
FOIA to identify and disclose any reasonably segregable nonexempt information.
III. Definition of Terms and Acronyms Used in the Report.
A. Agency-specific acronyms or other terms.
1. Board -- Board of Governors of the Federal Reserve System
2. FOMC -- Federal Open Market Committee
3. FOIA -- Freedom of Information Act (5 U.S.C. § 552)
4. FY -- Fiscal year which covers the period from October 1 to
September 30
5. PA-- Privacy Act (5 U.S.C. § 552a)
B. Basic terms, expressed in common terminology.
1. 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.)
2. Initial Request -- a request to the FOMC for access to
records under the Freedom of Information Act.
3. Appeal -- a request to the FOMC asking that it review at a
higher administrative level a full denial or partial denial of access to
records under the FOIA rules, or any other FOIA determination such as a matter
pertaining to fees.
4. Processed request or appeal -- a request or appeal on which
the FOMC has taken a final action in all respects.
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 less
complicated complex request, however, may be completed faster than an
earlier-received more complex request. A requester who has an urgent need for
records may request expedited processing (see III.B.6 below).
6. Expedited processing -- the FOMC 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 received earlier.
7. Simple request -- a FOIA request that the FOMC places in
its fastest (nonexpedited) track based on the volume and/or simplicity of
records requested. A simple request usually involves records that are readily
identifiable by the FOMC Secretariat.
8. Complex request -- a FOIA request that the FOMC places in a
slower track based on the volume and/or complexity of records requested. A
complex request is a request that does not qualify as a simple request and is
processed under the FOMC's normal procedures, unless the request has been
accorded expedited processing.
9. Grant -- a decision by the FOMC to disclose all records in
full in response to a FOIA request.
10. Partial grant -- a decision by the FOMC to disclose a
record in part in response to a FOIA request, deleting information determined
to be exempt under one or more of the FOIA's rules exemptions; or a decision to
disclose some records in their entirety but to withhold others in whole or in
part.
11. Denial -- a decision by the FOMC 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 FOMC to be exempt
under one or more of the FOIA's rules exemptions, or for some procedural reason
(such as because no record is located in response to a FOIA request).
12. Time limits -- the time period in the FOIA for a federal
agency, including the FOMC, to respond to a FOIA request (ordinarily 20 working
days from proper receipt of a "perfected" FOIA request (see III.B. 13 & 17
below)). Note: the FOMC's response times in Part VII below are, in accordance
with U.S. Department of Justice guidance, expressed in calendar days. The
overall working day equivalent can be approximately calculated by multiplying
the calendar day total by .7 (thus, 10 calendar days equates to approximately 7
working days, although the precise mix of working and nonworking days can vary
from request to request depending on the date of receipt and the proximity to a
holiday).
13. "Perfected" request -- a FOIA request for records that
adequately describes the records sought, which has been received by the FOMC
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 the FOIA subsection (b)(3).
15. Median number -- the middle, not average, number. For
example, of 3, 7, and 14, the median number is 7.
16. 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.
17. Working days -- days excepting Saturdays, Sundays, and
legal public holidays. As noted, the FOMC's response times in Part VII below
are expressed in median calendar days, and the number of "working days" would
be somewhat less.
IV. Exemption 3 Statutes
During fiscal year 2006, the FOMC did not rely on Exemption 3
(5 U.S.C. §552 (b)(3)).
V. Initial FOIA/PA Access Requests
A. Numbers of initial requests.
1. Number of requests pending as of end of FY 2005: 0
2. Number of requests received during FY 2006: 11
3. Number of requests processed during FY 2006: 11
4. Number of requests pending as of end of FY 2006: 0 (enter
on Line VII.B.1)
B. Disposition of initial requests.
1. Number of total grants: 7
2. Number of partial grants: 0
3. Number of denials: 0
a. number of times each FOIA exemption used (counting each
exemption once per request)
(1) Exemption 1: 0
(2) Exemption 2: 0
(3) Exemption 3: 0
(4) Exemption 4: 0
(5) Exemption 5: 0
(6) Exemption 6: 0
(7) Exemption 7(A): 0
(8) Exemption 7(B): 0
(9) Exemption 7(C): 0
(10) Exemption 7(D): 0
(11) Exemption 7(E): 0
(12) Exemption 7(F): 0
(13) Exemption 8: 0
(14) Exemption 9: 0
4. Other reasons for nondisclosure (total): 4
a. no records: 4 (defined as a "denial" in item III(B)(11),
above)
b. referrals: 0
c. request withdrawn: 0
d. fee-related reason: 0
e. records not reasonably described: 0
f. not a proper FOIA request for some other reason: 0
g. not an agency record: 0
h. duplicate request: 0
i. other (specify): 0
VI. Appeals of Initial Denials of FOIA/PA Requests
A. Numbers of appeals.
1. Number of appeals received during FY 2006: 0
2. Number of appeals processed during FY 2006: 0
B. Disposition of appeals.
1. Number completely upheld: 0
2. Number partially reversed: 0
3. Number completely reversed: 0
a. number of times each FOIA exemption used (counting each
exemption once per appeal)
(1) Exemption 1: 0
(2) Exemption 2: 0
(3) Exemption 3: 0
(4) Exemption 4: 0
(5) Exemption 5: 0
(6) Exemption 6: 0
(7) Exemption 7(A): 0
(8) Exemption 7(B): 0
(9) Exemption 7(C): 0
(10) Exemption 7(D): 0
(11) Exemption 7(E): 0
(12) Exemption 7(F): 0
(13) Exemption 8: 0
(14) Exemption 9: 0
4. Other reasons for nondisclosure (total): 0
a. no records: 0
b. referrals: 0
c. request withdrawn: 0
d. fee-related reason: 0
e. records not reasonably described: 0
f. not a proper FOIA request for some other reason: 0
g. not an agency record: 0
h. duplicate request: 0
i. other (specify): 0
VII. Compliance with Time Limits/Status of Pending Requests
A. Median processing time for requests processed during FY
2006.
1. Simple requests.
a. number of requests processed: 11
b. median number of calendar days to process: 10
2. Complex requests.
a. number of requests processed: 0
b. median number of calendar days to process: N/A
3. Requests accorded expedited processing.
a. number of requests processed: 0
b. median number of calendar days to process: N/A
B. Status of pending requests.
1. Number of requests pending as of end of FY 2006: 0 (entered
from Line V.A.4.)
2. Median number of calendar days that such requests were
pending as of that date: N/A
VIII. Comparison with Previous Year(s) (Optional)
| Row Header |
2005 |
2006 |
Change |
| A. Requests received:
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20 |
11 |
45% decrease
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| B. Requests processed:
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20 |
11 |
45% decrease
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| C. Median days pending end of FY:
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10 |
10 |
no change
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| D. The FOMC Secretariat continued to respond to FOIA
requests on a timely basis. The FOMC is making an increasing amount of
information available through the Board�s public website, and this is expected
to reduce the number of FOIA requests received as well as processing times.
During fiscal year 2006, the FOMC received no requests for expedited treatment.
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IX. Cost/FOMC Secretariat Staffing
A. Staffing levels.
1. Number of full-time FOIA personnel: 0
2. Number of personnel with part-time or occasional FOIA
duties (in total work-years): .30
3. Total number of personnel (in work-years): .30
B. Total costs (including staff and all resources).
1. FOIA processing (including appeals): $26,500
2. Litigation-related activities (estimated): NA
3. Total costs: $26,500
4. Comparison with previous year(s) (including percentage of
change) (optional):
| Row Header |
2005 |
2006 |
Change |
| A. FOIA processing: |
$19,000 |
$26,500 |
39.47% increase
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| B. Litigation related:
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-- |
-- |
--
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| C. Total costs:
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$19,000 |
$26,700 |
39.47% increase
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C. Statement of additional resources needed for FOIA
compliance (optional):
This information will be provided in future reports, as appropriate.
X. Fees
A. Total amount of fees collected by FOMC for processing
requests: None
B. Percentage of total costs: None
XI. FOIA Regulations (Including Fee Schedule)
The FOMC's Rules Regarding Availability of Information,
including the fee schedule, are codified at 12 CFR Part 271.
XII. Report on FOIA Executive Order Implementation
A. Description of supplementation/modification of agency
improvement plan (if applicable): N/A
B. Report on agency implementation of its plan, including its
performance in meeting milestones with respect to each improvement area.
As detailed below, the FOMC has met all of the milestones identified in its
Plan to Improve FOIA Operations for completion on or before December 31, 2006.
The FOMC�s Plan for Improving FOIA Operations:
Planned Improvements by Time Periods for Completion
Areas Anticipated to be completed by December 31, 2006
1.Improve Program Accessibility and Transparency
Planned Activity: Begin developing the FOMC-dedicated
website.
In September 2006, the FOMC Service Center began collaborating with staff in the
Board�s Information Technology Division to develop an FOMC-dedicated webpage.
Staff anticipates that the webpage will include guidance on submitting FOMC
FOIA requests and the capability for submitting requests, status inquiries, and
feedback electronically. The webpage also will provide contact information for
the FOMC FOIA Service Center and the FOMC Public Liaison. (This contact
information currently appears on the Board�s website on a general
FOMC-dedicated webpage.) Significant progress has been made, and staff
anticipates that the webpage will become operational by June 2007, as indicated
in the FOMC�s Plan to Improve FOIA Operations. 2.Enhance Communication with Requesters
Planned Activity: Implement use of written
acknowledgements of complex requests by September 2006.
By September 2006, the FOMC Public Liaison, in conjunction with the Board�s
FOIA Service Center developed a standard computer-generated letter for use
acknowledging FOIA requests. The letter includes the FOIA tracking number
assigned to the request and contact information for the Board's FOIA Service
Center.
The letter was not used in connection with any of the FOMC�s simple requests
processed in FY 2006, because (1) in some instances, a response was issued in
the same amount of time as it would take to send an acknowledgement, and (2)
staff contacted requesters by telephone to clarify the scope of the request
and, in that connection, orally acknowledged receipt. Staff expects to use this
form letter in the future, whenever either of the above circumstances is not
met. Planned Activity: By September 2006, establish an
electronic feedback log. By December 31, 2006, begin regular evaluations of
feedback received.
By September 2006, the FOMC Service Center established a means of documenting and
maintaining information on feedback received. During December 2006, the FOMC
Service Center began evaluating the feedback received. All feedback to date was
positive.
C. Identification and discussion of any deficiency in meeting
plan milestones (if applicable). N/A
D. Additional narrative statement regarding other executive
order-related activities (optional).
Senior staff responsible for FOIA matters, including the FOMC�s Public Liaison
and the FOMC�s Service Center Manager have attended several meetings sponsored
by the Department of Justice and Office of Management and Budget concerning
implementation and compliance with the directives set forth in the Executive
Order. Senior staff responsible for FOIA matters have also considered
recommendations made in the Attorney General�s Report dated October 16, 2006,
regarding the "processes of FOIA administration within [the agency]," and have
taken the following action, after evaluating these recommendations.
-- We have adopted the recommendation to explore the use of technology and
automation to improve our FOIA operations. The FOMC is in the process of making
an increasing amount of information on its operations publicly available
through the Board�s public website. -- The FOMC Service Center has determined not to use post cards to acknowledge
receipt of complex request, since the use of a standard acknowledgement letter
is the most efficient and cost-effective form of response at present. E. Concise descriptions of FOIA exemptions
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.
F. Additional statistics:
-
Time range of requests pending, by date of request (or, where applicable, by
date of referral from another agency). NA
-
Time range of consultations pending with other agencies, by date of initial
interagency communication. N/A
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