Department of Homeland Security

2018 Freedom of Information Act Report

to the Attorney General of the United States and the

Director of the Office of Government Information Services

March 2019

Page ii

Executive Summary

This report includes numerous metrics that provide the public with insight into our responses to

requests for information.

1

In 2018, the Department focused its efforts on reducing its backlog,

closing out its oldest requests, reducing the age of pending requests, and providing a high level

of customer service to FOIA requesters. Notably, 40 percent of the Department’s open requests

are less than 30 days old, and 90 percent of the Department’s open requests are less than 120

days old.

DHS continues to receive and process the largest number of FOIA requests of any federal

department or agency, annually receiving and processing almost 40 percent of all requests within

the Federal Government. In fiscal year (FY) 2018, DHS surpassed the record-setting number of

requests processed in FY 2017, processing 374,945 requests – a two percent increase from the

previous fiscal year. The number of pages DHS released in response to initial requests also

increased nine percent from the previous fiscal year – from more than 32 million pages to almost

35 million pages. DHS released 10 percent more pages in response to appeals (from

approximately 126,000 pages in FY 2017 to 140,000 pages in FY 2018) and more than doubled

the number of pages released in litigation (from approximately 133,000 pages in FY 2017 to

300,000 pages in FY 2018). DHS FOIA professionals worked hard to meet this growth in

demand. In FY 2018, DHS released a total of 59,214 pages per full-time FOIA staff – a two

percent increase in the number of pages per full-time FOA staff released in FY 2017 (57,951

pages).

While DHS is united by mission, our Components are responsible for a wide variety of activities

that generate a high level of public interest. Additionally, DHS serves a large population of

requesters seeking records that document their personal interactions with immigration officials.

In FY 2018, DHS received 395,751 requests for information; more than 90 percent of these

requests were directed to Components that primarily process records for immigration-related

purposes.

Over the last four fiscal years, DHS has processed an average of 42 pecent of requests within the

Federal Government – while only accounting for about ten percent of the cost associated with

FOIA within the Federal Government. Including litigation costs, DHS spent $205 per request

processed, compared to the Federal Government average of $633 per request processed in FY

2017.

2

Despite these successes, there is still room for improvement. The Department ended this

reporting period with a backlog of 53,971 requests–compared to the backlog of 44,117 requests

in FY 2017. While the growth in the backlog is disappointing, it is important to note that the

timeliness of responses is improving and the age of the backlog is not increasing. In FY 2018,

DHS reduced the average response time to simple and expedited requests by 35 percent and 18

percent respectively.

3

Additionally, 60 percent of DHS’s open requests are less than 60 days old,

while three percent are more than 300 days old.

1

5 U.S.C. § 552(e)(1).

2

https://www.foia.gov/data.html.

3

In fiscal year 2018, DHS responded to simple requests in an average of 26.26 days and complex requests in an

average of 97.45 days; in fiscal year 2017, DHS responded to simple requests in an average of 40.62 days and

Page iii

The Department remains committed to addressing the systemic issues that contribute to the

FOIA backlog. Key to addressing these issues is a comprehensive strategy to address long-

standing challenges, including: technology limitations (e.g., interoperability and search

capability) staffing and budget constraints. The Department is preparing a backlog strategy that

identifies best practices and areas of improvement with an eye towards streamlining processes;

identifying resource needs, training and policy gaps; and identifying new technologies.

complex requests in an average of 118.98 days.

Page iv

TABLE OF CONTENTS

I. Basic Information Regarding Report............................................................................. vi

II. Making a FOIA Request ................................................................................................. vi

III. Acronyms, Definitions, and Exemptions ........................................................................ vi

IV. Exemption 3 Statutes .........................................................................................................1

V. FOIA Requests

A. Received, Processed, and Pending FOIA Requests ...........................................6

B. (1) Disposition of FOIA Requests - All Processed Requests ............................6

(2) Dispostion of FOIA Requests - “Other” Reasons for “Full Denials

Based on Reasons Other than Exemptions” from Section V, B(1) Chart ....7

(3) Disposition of FOIA Requests - Number of Times Exemptions Applied....8

VI. Administrative Appeals of Initial Determinations of FOIA Requests ..........................9

A. Received, Processed, and Pending Administrative Appeals ..............................9

B. Disposition of Administrative Appeals - All Processed Appeals ......................9

C. (1) Reasons for Denial on Appeal - Number of Times Exemptions Applied ..10

(2) Reasons for Denial on Appeal - Reasons Other than Exemptions .............10

(3) Reasons for Denial on Appeal - “Other” Reasons from Section VI, C(2)

Chart ...........................................................................................................11

(4) Response Times for Administrative Appeals .............................................11

(5) Ten Oldest Pending Administrative Appeals .............................................12

VII. FOIA Requests: Response Times for Processed and Pending Requests .....................13

A. Processed Requests - Response Time for All Processed Perfected Requests ..13

B. Processed Requests - Response Time for Perfected Requests in Which

Information was Granted .................................................................................13

C. Processed Requests - Response Time in Day Increments ...............................14

(1) Simple Requests Response Time in Day Increments .................................14

(2) Complex Requests Response Time in Day Increments .............................14

(3) Requests Granted Expedited Processing Response Time in Day

Increments ..................................................................................................15

D. Pending Requests - All Pending Perfected Requests .......................................15

E. Pending Requests - Ten Oldest Pending Perfected Requests ..........................16

VIII. Requests for Expedited Processing and Requests for Fee Waivers ............................17

A. Requests for Expedited Processing ..................................................................17

B. Requests for Fee Waiver ..................................................................................17

IX. FOIA Personnel and Costs ..............................................................................................18

X. Fees Collected for Processing Requests .........................................................................18

XI. FOIA Regulations (Including Fee Schedule) .................................................................18

XII. Backlogs, Consultations, and Comparisons ..................................................................19

A. Backlogs of FOIA Requests and Administrative Appeals ...............................19

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

Consultations....................................................................................................19

C. Consultations on FOIA Requests - Ten Oldest Consultations Received

from Other Agencies and Pending ...................................................................20

D. (1) Comparison of Numbers of Requests from Previous and Current

Annual Report - Requests Received, Processed, and Backlogged ............21

(2) Comparison of Backlogged Requests from Previous and Current

Annual Report ............................................................................................21

Page v

E. (1) Comparison of Numbers of Administrative Appeals from Previous

and Current Annual Report - Appeals Received, Processed, and

Backlogged ................................................................................................22

(2) Comparison of Backlogged Administrative Appeals from Previous and

Current Annual Report ...............................................................................22

XIII. New Annual Report Metrics – 2016 FOIA Improvement Act of 2016………………23

A. Number of Time Subsection (c) Used .............................................................22

B. Number of (a)(2) Records Posted ....................................................................23

APPENDICES. .................................................................................................................24

APPENDIX A: Composition of the Department of Homeland Security ...............24

APPENDIX B: Organization of the Department of Homeland Security Chart .....27

APPENDIX C: Names, Addresses, and Contact Information For DHS FOIA

Officers ........................................................................................28

Page vi

I. Basic Information Regarding Report

1. Questions regarding this report may be directed to:

James V.M.L. Holzer

Deputy Chief FOIA Officer

Privacy Office

U.S. Department of Homeland Security

245 Murray Lane SW, Mail Stop 0655

Washington, DC 20528-0655

Phone: 202-343-1743; Fax: 202-343-4011

2. This report can be downloaded from the DHS FOIA website at

http://www.dhs.gov/foia-annual-reports.

3. Requests for this report in paper form may also be directed to the Deputy Chief FOIA

Officer, as listed above.

II. Making a FOIA Request

4

1. Names, addresses, and contact numbers for DHS FOIA Officers can be found on our

website at http://www.dhs.gov/foia-contact-information.

2. Brief description of why requests may not be granted:

In response to a FOIA request, DHS may respond that that the requested records are

exempt, in whole or in part, as well as that the requested record does not exist or cannot

be located. For example, the Department frequently receives requests for law

enforcement records, which are of specific interest to subjects of investigation, victims of

crime, and the public at large. Depending on who is requesting the information (i.e. a

first or third party requester) the Department may invoke exemptions 6 and 7(C) (to

prevent an unwarranted invasion of personal privacy) and/or exemption 7(E) (to protect

against the disclosure of law enforcement techniques, procedures, and guidelines).

III. Acronyms, Definitions, and Exemptions

1. Agency-specific acronyms or other terms.

a. CBP U.S. Customs and Border Protection

b. CFO Chief Financial Officer

c. CHCO Office of the Chief Human Capital Officer

d. CISA

5

Cybersecurity and Infrastructure Security Agency

e. CISOMB Office of the Citizenship and Immigration Services Ombudsman

f. CRCL Office for Civil Rights & Civil Liberties

4

The Privacy Office (PRIV) processes and reports on FOIA requests for PRIV, the Office of the Secretary

(including the Military Advisor’s Office), and the following components: CISOMB, CRCL, CWMD, ESEC,

MGMT, OPE, OGC, OLA, OPA, OPS, and PLCY.

5

On November 16, 2018, President Trump signed into law the Cybersecurity and Infrastructure Security Agency Act

of 2018. This legislation elevated the mission of the former National Protection and Programs Directorate (NPPD)

within DHS and established the Cybersecurity and Infrastructure Security Agency (CISA).

Page vii

g. CWMD Countering Weapons of Mass Destruction Office

6

h. DHS Department of Homeland Security

i. ESEC Office of the Executive Secretary

j. FEMA Federal Emergency Management Agency

k. FLETC Federal Law Enforcement Training Centers

l. I&A Office of Intelligence and Analysis

m. ICE U.S. Immigration and Customs Enforcement

n. MGMT Management Directorate

o. MIL Military Advisors Office

p. NCSC National Cyber Security Center

q. OBIM Office of Biometric Identity Management

r. OCP Office of Community Partnerships

s. OGC Office of the General Counsel

t. OIG Office of Inspector General

u. OLA Office of Legislative Affairs

v. OPA Office of Public Affairs

w. OPE Office of Partnership & Engagement

x. OPS Office of Operations Coordination

y. PLCY Office of Strategy, Policy, and Plans

z. PRIV Privacy Office

aa. S&T Science and Technology Directorate

bb. TSA Transportation Security Administration

cc. USCG United States Coast Guard

dd. USCIS U.S. Citizenship and Immigration Services

2. Definition of terms, as 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. Under section 704 of the Administrative Procedures Act, the

Department’s response to an administrative appeal is considered final agency

action that is then appealable to a federal district court.

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, determined by dividing 24 by 3.

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.

6

In December 2018, President Trump signed the Countering Weapons of Mass Destruction Act of 2018, authorizing

the CWMD Office. The Act transferred the functions, personnel, budget authority, and assets of the Domestic

Nuclear Detection Office (DNDO) and the Office of Health Affairs (OHA), with the exception of workforce health

and medical support functions that were transferred from OHA to the DHS Management Directorate, to the CWMD

Office, and abolished DNDO and OHA.

Page viii

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 the 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 consultation

finishes its review of the record, it provides its views on the record to the agency

that forwarded it. That agency, in turn, will then respond to the FOIA requester.

f. Exemption 3 Statute – A federal statute other than FOIA that exempts

information from disclosure and which the agency relies on to withhold

information under subsection (b)(3) of the FOIA.

7

g. 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), an

organization, or a particular topic of interest. Moreover, because requesters

covered by the Privacy Act who seek records concerning themselves (i.e., “first-

party” requesters) are afforded the benefit of the access provisions of both FOIA

and the Privacy Act, the term “FOIA request” also includes any such “first-party”

requests when an agency determines that it must search beyond its Privacy Act

“systems of records” or when the agency applies a Privacy Act exemption and

therefore looks to FOIA to afford the greatest possible access. DHS applies this

same interpretation of the term “FOIA request” even to “first-party” requests from

persons not covered by the Privacy Act, e.g., non-U.S. citizens, because DHS by

policy provides such persons the ability to access their own records in DHS’s

Privacy Act “mixed systems of records” as if they are subject to the Privacy Act’s

access provisions, and DHS processes the requests under FOIA as well. Thus, all

requests that require DHS to utilize 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

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

7

Pursuant to 5 U.S.C. § 552(b)(3) as amended by sec. 564 of Public Law 111-83, a statute enacted after

October 28, 2009, can qualify as an Exemption 3 law only if it cites specifically to 5 U.S.C. § 552(b)(3).

Page ix

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 volume

and/or simplicity of 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 – 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 pending request is

one where the agency has not yet provided a response to the requester. A pending

administrative appeal is where one where the agency has not taken final action in

all respects.

n. Perfected Request – A request for records that 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 processed request

is one where the agency has provided a complete response to the requester’s

initial request. A processed administrative appeal is one where the agency has

advised the requester of its final decision on the requester’s appeal as to the

handling of the initial request. The final decision on an administrative appeal is a

final agency action under section 704 of the APA and is considered final agency

action that is then appealable to a federal district court.

p. Range in Number of Days – The lowest and highest number of days to process

requests or administrative appeals.

Page x

q. Time Limits – The time period in the statute for an agency to respond to a FOIA

request (ordinarily 20 working days from receipt of a perfected FOIA request).

8

3. Concise descriptions of FOIA exemptions:

a. Exemption 1: classified national defense and foreign relations information.

b. Exemption 2: internal agency rules and practices (personnel).

c. Exemption 3: information that is prohibited from disclosure by another federal

law.

d. Exemption 4: trade secrets and other confidential or financial information

obtained from a person.

e. Exemption 5: inter-agency or intra-agency communications that are protected by

legal privileges, such as the deliberative process privilege, attorney work product

privilege, and attorney client privilege.

f. Exemption 6: information that, if released, would be a clearly unwarranted

invasion of personal privacy.

g. Exemption 7: law enforcement records where the disclosure would that (A)

interfere with enforcement proceedings, B) deprive a person of a fair trial or

impartial adjudication, C) constitute an unwarranted invasion of personal privacy,

D) identity of a confidential source, E) disclose law enforcement techniques and

procedures or guidelines for law enforcement investigations or prosecutions, or F)

endanger the life or physical safety of any individual.

h. Exemption 8: information relating to the supervision of financial institutions.

i. Exemption 9: geological/geophysical information concerning wells.

8

Absent “unusual circumstances,” the FOIA provides that agencies should make a determination with respect to an

appeal within twenty working-days of its receipt by the agency. 5 U.S.C. § 552(a)(6)(A)(ii).

1

IV. Exemption 3 Statutes

Statute

Type of Information

Withheld

Case Citation

Number of Times Relied

upon per Component

***

Total Number of

Times Relied

upon by Agency

5 U.S.C. app. §

107(a)(2)

(Ethics in Government

Act of 1978)

Confidential financial

disclosure report pertaining

to certain government

employees

Meyerhoff v. EPA, 958 F.2d

1498, 1500-02 (9th Cir.

1992); Boyd v. Exec. Office

for U.S. Attorneys, 161 F.

Supp. 3d 1, 7 (D.D.C. 2015);

Seife v. NIH, 874 F. Supp. 2d

248, 254 (S.D.N.Y. 2012).

ICE

1

6 U.S.C. § 121

Intelligence sources and

methods

I&A

PRIV

198

3

201

6 U.S.C. § 673(a)(1)(A)

(Protecting and Securing

Chemical Facilities from

Terrorist Attacks Act of

2014

Voluntarily submitted

critical infrastructure

information

CISA

3

6 U.S.C 623(e)

Certain anti-terrorism

information related to

chemical facilities

CISA

1

7 U.S.C. § 136i-1(b)

(Federal Insecticide,

Fungicide, and

Rodenticide Act)

“[D]ata, including the

location from which the data

was derived, that would

directly or indirectly reveal

the identity of individual

producers [of certain

pesticides]”

Doe v. Veneman, 380 F.3d

807, 817 (5th Cir. 2004).

CISA

2

7 U.S.C. 2276(a)(2)

(Food Security Act of

1985)

“[I]nformation furnished

under a provision of law

referred to in subsection (d)

of this section . . . unless

such information has been

transformed into a statistical

or aggregate form that does

not allow the identification

of the person who supplied

particular information”

Strunk v. U.S. Dept. of

Interior, 752 F. Supp. 2d 39,

44-45 (D.D.C. 2010).

ICE

1

***

DHS Component(s) are referred to as “Component” for the remainder of this report.

2

Statute

Type of Information

Withheld

Case Citation

Number of Times Relied

upon per Component

***

Total Number of

Times Relied

upon by Agency

8 U.S.C. § 1202(f)

(Immigration and

Nationality Act)

Certain records pertaining to

the issuance or refusal of

visas to enter the United

States

Medina-Hincapie v. Dep't of

State, 700 F.2d 737, 741-42

(D.C. Cir. 1983);

DeLaurentiis v. Haig, 686

F.2d 192, 194 (3d Cir. 1982);

Assadi v. Dep't of State, No.

12-1111, 2014 WL 4704840,

at *6 (S.D.N.Y. Sept. 19,

2014); Beltranena v. U.S.

Dep't of State, 821 F. Supp.

2d 167, 177-78 (D.D.C.

2011); Badalamenti v. U.S.

Dep't of State, 899 F. Supp.

542, 547 (D. Kan. 1995); Jan-

Xin Zang v. FBI, 756 F. Supp.

705, 711-12 (W.D.N.Y.

1991); Smith v. DOJ, No. 81-

CV-813, 1983 U.S. Dist.

LEXIS 10878, at *13-14

(N.D.N.Y. Dec. 13, 1983).

CISA

ICE

USCIS

3,237

2

29,241

32,480

10 U.S.C. § 130b

Personally identifiable

information pertaining to

“any member of the armed

forces assigned to an

overseas unit, a sensitive

unit, or a routinely

deployable unit” and “any

employee of the Department

of Defense or of the Coast

Guard whose duty station is

with any such unit”

Freedom Watch, Inc. v. NSA,

197 F. Supp. 3d 165, 174

(D.D.C. 2016); Hiken v.

DOD, 521 F. Supp. 2d 1047,

1062 (N.D. Cal. 2007);

O’Keefe v. DOD, 463 F.

Supp. 2d 317, 325 (E.D.N.Y.

2006); Windel v. United

States, No. A02-306, 2005

WL 846206, at *2 (D. Alaska

Apr. 11, 2005).

USCG

1

10 U.S.C. § 424

Organization or any function

of an organization, and

certain information

pertaining to, employees of

the Defense Intelligence

Agency, the National

Reconnaissance Office, and

the National Geospatial-

Intelligence Agency

Hamdan v. DOJ, 797 F.3d

759, 776 (9th Cir. 2015);

Freedom Watch, Inc. v. NSA,

197 F. Supp. 3d 165, 174

(D.D.C. 2016); Wickwire

Gavin, P.C. v. Def.

Intelligence Agency, 330 F.

Supp. 2d 592, 602 (E.D. Va.

2004).

USCG

1

15 U.S.C. §§ 46(f), 57b-

2(f)

(Federal Trade

Commission Act)

“[A]ny trade secret or any

commercial or financial

information which is

obtained from any person

and which is privileged or

confidential” and certain

investigative materials

received by the FTC and

“provided pursuant to any

compulsory process under

this subchapter or which is

provided voluntarily in place

of such compulsory process”

A. Michael’s Piano, Inc. v.

FTC, 18 F.3d 138, 143-44 (2d

Cir. 1994) (15 U.S.C. § 57b-

2); Ctr. for Digital Democracy

v. FTC, 189 F. Supp. 3d 151,

158-59 (D.D.C. 2016) (15

U.S.C. § 46(f)); Ayuda, Inc. v.

FTC, 70 F. Supp. 3d 247, 278-

79 (D.D.C. 2014) (15 U.S.C.

§ 57b-2); National Educ.

Ass’n v. FTC, No. 79-959-S,

1983 WL 1883, at *1 (D.

Mass. Sept. 26, 1983) (15

U.S.C. § 57b-2).

ICE

PRIV

14

1

15

3

Statute

Type of Information

Withheld

Case Citation

Number of Times Relied

upon per Component

***

Total Number of

Times Relied

upon by Agency

18 U.S.C. §§ 2510-20

(Title III of the Omnibus

Crime Control and Safe

Streets Act)

Wiretap requests and the

contents of any wire, oral, or

electronic communication

obtained through wiretaps

Mendoza v. DEA, No. 07-

5006, 2007 U.S. App. LEXIS

22175 (D.C. Cir. Sept. 14,

2007) (per curiam); Lam Lek

Chong v. DEA, 929 F.2d 729,

733 (D.C. Cir. 1991); Payne

v. DOJ, No. 96-30840, slip

op. at 5-6 (5th Cir. July 11,

1997).

USSS

3

18 U.S.C. § 3509(d)

(Federal Victims'

Protection and Rights

Act)

Certain records containing

identifying information

pertaining to children

involved in criminal

proceedings

Davis v. U.S. Postal

Inspection Serv., No. 13-

01972, 2014 WL 7014877, at

*3 (D.D.C. Dec. 15, 2014);

Rodriguez v. U.S. Dep't of

Army, 31 F. Supp. 3d 218,

236-37 (D.D.C. 2014).

ICE

1

26 U.S.C. §§ 6103, 6105

(Internal Revenue Code)

Certain tax return

information, to include

Taxpayer Identification

Numbers of third parties, and

certain tax convention

information

Church of Scientology v. IRS,

484 U.S. 9, 15 (1987) (26

U.S.C. § 6103); Leonard v.

U.S. Dep't of Treasury, 590 F.

App'x. 141, 143-44 (3d Cir.

2014) (per curiam); Pac.

Fisheries, Inc. v. IRS, 395 F.

App'x. 438, 440 (9th Cir.

2010) (unpublished

disposition) (26 U.S.C. §§

6103, 6105); Tax Analysts v.

IRS, 217 F. Supp. 2d 23, 27-

29 (D.D.C. 2002) (26 U.S.C.

§ 6105).

CBP

FEMA

ICE

USCIS

2

1

5

2,066

2,074

31 U.S.C. § 5319

(Bank Secrecy Act)

Reports pertaining to

monetary instruments

transactions filed under

subchapter II of chapter 53

of title 31 and records of

those reports

Ortiz v. DOJ, No. 12-1674,

2014 WL 4449686, at *4

(D.D.C. Sept. 9, 2014);

Rosenberg v. ICE, 13 F. Supp.

3d 92, 114-15 (D.D.C. 2014);

Hulstein v. DEA, No. 10-

4112, 2011 U.S. Dist. LEXIS

25788, at *7-8 (N.D. Iowa

Mar. 11, 2011); Council on

Am.-Islamic Relations, Cal. v.

FBI, 749 F. Supp. 2d 1104,

1117 (S.D. Cal. 2010); Berger

v. IRS, 487 F. Supp. 2d 482,

496-97 (D.N.J. 2007), aff'd on

other grounds, 288 F. App'x

829 (3d Cir. 2008).

ICE

15

4

Statute

Type of Information

Withheld

Case Citation

Number of Times Relied

upon per Component

***

Total Number of

Times Relied

upon by Agency

41 U.S.C. § 4702

(formerly at 41 U.S.C. §

253b(m)(1))

Contractor proposals that are

in the possession or control

of an executive agency and

that have not been set forth

or incorporated by reference

into contracts

Sinkfield v. HUD, No. 10-

885, 2012 U.S. Dist. LEXIS

35233, at *13-15 (S.D. Ohio

Mar. 15, 2012); Margolin v.

NASA, No. 09-CV-00421,

2011 WL 1303221, at *6 (D.

Nev. Mar. 31, 2011);

Hornbostel v. U.S. Dep't of

the Interior, 305 F. Supp. 2d

21, 30 (D.D.C. 2003),

summary affirmance granted,

No. 03-5257, 2004 WL

1900562 (D.C. Cir. Aug. 25,

2004).

CBP

FEMA

FLETC

PRIV

S&T

8

14

1

3

27

41 U.S.C. § 2102

(amending 41 U.S.C. §

423(a)(1))*

(Procurement Integrity

Act)

Contractor bid or proposal

information; source selection

information

Legal & Safety Employer

Research, Inc. v. U.S. Dep't of

the Army, No. Civ. S001748,

2001 WL 34098652, at *3-4

(E.D. Cal. May 4, 2001)

(dictum).

FEMA

ICE

PRIV

S&T

TSA

1

5

1

2

1

10

49 U.S.C. § 114

Information obtained or

developed in carrying out

security under the authority

of the Aviation and

Transportation Security Act

or under chapter 449 of this

title

Skurow v. DHS, No. 11-1296,

2012 WL 4380895, at *9-10

(D.D.C. Sept. 26, 2012);

Tooley v. Bush, No. 06-306,

2006 WL 3783142, at *19

(D.D.C. Dec. 21, 2006), aff'd

on other grounds, 586 F.3d

1006 (D.C. Cir. 2009);

Gordon v. FBI, 390 F. Supp.

2d 897, 900 (N.D. Cal. 2004).

CBP

FEMA

ICE

OIG

PRIV

TSA

USCG

USSS

8

5

5,182

1

5

107

3

55

5,366

49 U.S.C. § 1114(c)

(Transportation Safety

Act of 1974)

Certain “cockpit voice or

video recorder recording[s]

or transcript[s] of

communications by and

between flight crew

members and ground stations

pertaining to [] incident[s]

investigated by the [National

Transportation Safety]

Board”

McGilvra v. NTSB, 840 F.

Supp. 100, 102 (D. Colo.

1993).

TSA

1

49 U.S.C. § 40119(b)

(Federal Aviation Act)

Certain information obtained

or developed in ensuring

transportation security if

disclosure of that

information would:

constitute an invasion of

personal privacy, reveal a

trade secret or confidential

commercial or financial

information, or be

detrimental to transportation

safety

Pub. Citizen, Inc. v. FAA, 988

F.2d 186, 194 (D.C. Cir.

1993); Gordon v. FBI, 390 F.

Supp. 2d 897, 900 (N.D. Cal.

2004).

ICE

TSA

50

1

51

5

Statute

Type of Information

Withheld

Case Citation

Number of Times Relied

upon per Component

***

Total Number of

Times Relied

upon by Agency

50 U.S.C. § 403g

(currently at 50 U.S.C. §

3507)

(Central Intelligence

Agency Act of 1949)

Intelligence sources and

methods; certain information

pertaining to Agency

employees, specifically: "the

organization, functions,

names, official titles,

salaries, or numbers of

personnel employed by the

Agency"

ACLU v. DOJ, 681 F.3d 61,

72-75 (2d Cir. 2012); Larson

v. Dep't of State, 565 F.3d

857, 865 n.2 (D.C. Cir. 2009);

Berman v. CIA, 501 F.3d

1136, 1137-38, 1140 (9th Cir.

2007); Makky v. Chertoff,

489 F. Supp. 2d 421, 442

(D.N.J. 2007), aff'd on other

grounds, 541 F. 3d 205 (3d

Cir. 2008).

PRIV

TSA

USSS

1

2

4

50 U.S.C. § 3024(i)(1)

(formerly at 50 U.S.C. §

403-1(i)(1)) (National

Security Act of 1947)

Intelligence sources and

methods

CIA v. Sims, 471 U.S. 159,

167 (1985); ACLU v. DOJ,

681 F.3d 61, 72-75 (2d Cir.

May 21, 2012); ACLU v.

DOD, 628 F.3d 612, 619, 626

(D.C. Cir. 2011); Berman v.

CIA, 501 F.3d 1136, 1137-38,

1140 (9th Cir. 2007).

I&A

TSA

USCG

USCIS

197

1

200

50 U.S.C. § 3507

(formerly at 50 U.S.C. §

403g)

Intelligence sources and

methods; certain information

pertaining to Agency

employees, specifically: "the

organization, functions,

names, official titles,

salaries, or numbers of

personnel employed by the

Agency"

ACLU v. DOJ, 681 F.3d 61,

72-75 (2d Cir. 2012); Larson

v. Dep't of State, 565 F.3d

857, 865 n.2 (D.C. Cir. 2009);

Berman v. CIA, 501 F.3d

1136, 1137-38, 1140 (9th Cir.

2007); Makky v. Chertoff,

489 F. Supp. 2d 421, 442

(D.N.J. 2007), aff'd on other

grounds, 541 F. 3d 205 (3d

Cir. 2008).

PRIV

TSA

USSS

1

2

4

Fed. R. Crim. P. 6(e),

enacted by Act of July

30, 1977, Pub. L. No.

95-78, 91 Stat. 319

Certain records pertaining to

grand jury proceedings

Sussman v. USMS, 494 F.3d

1106, 1113 (D.C. Cir. 2007);

Fund for Constitutional Gov't

v. Nat'l Archives & Records

Serv., 656 F.2d 856, 867-68

(D.C. Cir. 1981); Durham v.

U.S. Atty. Gen., No. 06-843,

2008 WL 620744, at *2 (E.D.

Tex. Mar. 3, 2008); Cozen

O'Connor v. U.S. Dep't of

Treasury, 570 F. Supp. 2d

749, 776 (E.D. Pa. 2008).

ICE

USCIS

1

2

6

V. FOIA Requests

A. Received, Processed, and Pending FOIA Requests

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

CBP

7,557

†††

87,388

74,894

20,051

CISA

2,619

‡‡‡

37,516

38,033

2,102

FEMA

516

§§§

1,131

1,382

265

FLETC

33

231

253

11

I&A

24

****

327

340

11

ICE

726

††††

70,267

‡‡‡‡

67,365

3,628

OIG

122

§§§§

291

226

187

PRIV

573

*****

1,448

1,435

586

S&T

10

189

163

36

TSA

691

†††††

1,012

866

837

USCG

1,761

‡‡‡‡‡

2,739

2,569

1,931

USCIS

§§§§§

47,148

******

191,804

186,137

52,815

USSS

1,188

††††††

1,408

1,282

1,314

AGENCY OVERALL

62,968

395,751

374,945

83,774

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

Component

No. of

Full

Grants

No. of

Partial

Grants/

Partial

Denials

No. of Full

Denials

Based on

Exemptio

ns

Number of Full Denials Based on Reasons Other than Exemptions

No

Records

All

Records

Referred

Request

Withdrawn

Fee-

Not

Reasonably

Described

Improper

FOIA

Request

Not

Agency

Record

Duplicate

Request

Other

Total

CBP

9,048

21,242

95

26,345

44

726

14

562

10,510

3,807

2,501

0

74,894

CISA

1,063

24,531

15

11,893

30

18

2

230

111

27

85

28

38,033

FEMA

278

596

16

172

21

217

0

39

10

5

8

20

1,382

FLETC

18

43

11

50

5

9

0

48

35

29

5

0

253

I&A

14

32

180

37

18

4

3

7

4

35

2

4

340

ICE

1,799

58,924

1,350

3,395

26

28

13

199

1,026

96

79

430

67,365

OIG

28

121

26

30

6

0

1

3

6

5

226

†††