Department of the Treasury

Department of the Treasury

2013 Freedom of Information Act Annual Report to the Attorney General of the United States

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MESSAGE FROM THE CHIEF FREEDOM OF INFORMATION ACT OFFICER

As required by Section 552(e)(1) of the Freedom of Information Act, I am pleased to present the Department of the Treasury's Annual FOIA Report for Fiscal Year 2013. 2013 was a year of change for Treasury's Office of Privacy, Transparency, and Records (OPTR). We are pleased to have a new Deputy Assistant Secretary for Privacy, Transparency, and Records and a new Director for FOIA and Transparency. Under their leadership, Treasury continues its tradition of leaning forward to ensure Department compliance with the requirements of the FOIA and the principles of openness and transparency. Inquiries about this report may be directed to OPTR at (202) 622-0930 or TreasFOIA@. This report, as well as previous annual reports, can be found on the Department's Freedom of Information Act website at foia/.

Nani Coloretti Assistant Secretary for Management Chief Freedom of Information Act Officer Department of the Treasury

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2013 Freedom of Information Act Annual Report to the Attorney General of the United States

TABLE OF CONTENTS Message from the Chief Freedom of Information Act Officer ....................................................... 2 I. Basic Information Regarding this Report ........................................................................... 4 II. Making a FOIA Request....................................................................................................... 5 III. Acronyms, Definitions, and Exemptions ............................................................................. 7 IV. Exemption 3 Statutes........................................................................................................ 12 V. FOIA Requests ................................................................................................................... 15 VI. Administrative Appeals of Initial Determinations of FOIA Requests................................ 19 VII. FOIA Requests: Response Time for Processed and Pending Requests............................ 25 VIII. Requests for Expedited Processing and Requests for Fee Waiver ................................... 32 IX. FOIA Personnel and Costs ................................................................................................. 33 X. Fees Collected for Processing Requests ........................................................................... 34 XI. FOIA Regulations............................................................................................................... 34 XII. Backlogs, Consultations, and Comparisons ...................................................................... 35

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I. BASIC INFORMATION REGARDING THIS REPORT 1. Questions regarding this report may be directed to: Ryan Law, Director for FOIA and Transparency Privacy, Transparency, and Records Department of the Treasury (202) 622-0930 Phone (202) 622-3895 Fax TreasFOIA@ Address: FOIA and Transparency Department of the Treasury Washington, DC 20220 2. This report is publicly available and can be downloaded from the Treasury website at foia. 3. Paper copies of this report may be obtained by contacting the Office of Privacy, Transparency, and Records at the address above.

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II. MAKING A FOIA REQUEST

1. The current names, addresses, and contact information for Treasury's FOIA Officers can be found on our website at foia.

Departmental Offices (DO) Mr. Ryan Law FOIA and Transparency Department of the Treasury Washington, DC 20220 (202) 622-0930 Phone (202) 622-3895 Fax

Alcohol and Tobacco Tax and Trade Bureau (TTB) Mr. Quinton Mason 1310 G Street, N.W., Box 12 Washington, DC 20005 (202) 882-9904 Phone (202) 453-2331 Fax

Bureau of Engraving and Printing (BEP) Disclosure Officer Office of the Chief Counsel FOIA and Transparency 14th & C Streets, S.W., Room 419A Washington, DC 20228 (202) 874-2500 Phone (202) 874-2951 Fax

Bureau of the Fiscal Service (FS) Ms. Cynthia Sydnor/Ms. Denise Nelson Disclosure Office 401 14th Street, S.W., Room 508C Washington, DC 20227 (202) 874-5602 (202) 874-5484

Office of the Comptroller of the Currency (OCC) Mr. Frank Vance Disclosure Services 400 7th Street, S.W. Suite 3E-218, Mail Stop 6W-11 Washington, DC 20219 (202) 649-6758 Phone

Financial Crimes Enforcement Network (FinCen) Ms. Amanda Michanczyk ATTN: FOIA Request P.O. Box 39 Vienna, VA 22183 (703) 905-3537 Phone (703) 905-5126 Fax

Internal Revenue Service (IRS) Disclosure Manager HQ FOIA & Program Operations ATTN: IRS FOIA Request HQ FOIA, Stop 211 2980 Brandywine Road Chamblee, GA 30341 (202) 317-6475 Phone

United States Mint (Mint) Ms. Kathleen Saunders-Mitchell ATTN: FOIA Request 801 9th Street, N.W., 8th Floor Washington, DC 20220 (202) 354-7600 Phone (202) 756-6153 Fax

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Treasury Inspector General for Tax Administration (TIGTA) Ms. Amy Jones ATTN: FOIA Request TIGTA Chief Counsel 1401 H Street, N.W., Suite 469 Washington, DC 20005 (202) 622-4068 Phone (202) 622-3339 Fax 2. Brief description of why requests are not granted The Treasury Department may not grant full access to records because of several reasons. Some records are specifically exempt from disclosure pursuant to statute, such as Bank Secrecy Act information or certain tax return information. This information falls within the scope of Exemption 3. Other records and information that are obtained from private businesses and submitted in confidence or that contain proprietary information fall within the scope of Exemption 4. Internal agency communications representing the pre-decisional process; attorney work product; or attorney-client records fall within the scope of Exemption 5. Private information obtained from individuals fall within the scope of Exemptions 6 and/or 7(C). Treasury also cites Exemption 7(E) to protect information that would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could be expected to risk circumvention of the law. Finally, Treasury protects information and records contained in or related to the examination or the supervision of financial institutions under the authority of Exemption 8.

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III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS

1. Agency-specific acronyms used in this Report:

Component Abbreviation BEP BPD DO

FinCEN FMS IRS MINT OCC TIGTA TTB

Component Name Bureau of Engraving and Printing

Bureau of Public Debt1 Departmental Offices2 Financial Crimes Enforcement Network Financial Management Service3 Internal Revenue Service

United States Mint Office of the Comptroller of the Currency Treasury Inspector General for Tax Administration Alcohol Tobacco Tax and Trade Bureau

1 The Bureau of the Fiscal Service (FS) was established on October 7, 2012, with the consolidation of BPD and FMS. During FY13, FS began work to consolidate BPD and FMS FOIA processing. In this report, legacy BPD and FMS statistics will be reported separately. BPD and FMS FOIA statistics will be consolidated and reported under FS in FY14. 2 Departmental Offices (DO) includes the Offices of Domestic Finance, Economic Policy, the Office of Financial Research, General Counsel, International Affairs, Legislative Affairs, Management, Public Affairs, Tax Policy, Terrorism and Financial Intelligence, and the Treasurer of the United States. DO statistics in this report also include requests to the Financial Stability Oversight Council (FSOC), an entity chaired by the Secretary of the Treasury. For more information, see . 3 See Footnote 1.

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2. Basic terms 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.

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.

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.

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

f. Exemption 3 Statute ? a federal statute that exempts information from disclosure and which the agency relies on to withhold information under subsection (b)(3) of the FOIA.

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), or concerning an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., "first-party" requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act "systems of records" or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the

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