U.S. Securities & Exchange Commission
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U.S. Securities and Exchange Commission

September 30, 1997

(This annual report is for a nine month period, from January 1, 1997 to September 30, 1997.)

1. Total number of requests received during fiscal year 1997: 2265

2. Total number of determinations to provide all requested records: 597 (Determinations include 32 requests received in 1996, but pending in 1997.)

3. Total number of initial determinations not to comply with a request for records made under Subsection 552(a): 635 (denied in full 212; denied in part 423)(Determinations include 35 requests received in 1996 (10 denied in full and 25 denied in part), but pending in 1997).

4. Authority relied upon for each such determination:

Exemptions cited in 552(b)

Number of
Number of
Times Invoked*

(b)(2) 114
(b)(3) 1**
(b)(4) 112
(b)(5) 142
(b)(6) 163
(b)(7)(A) 311
(b)(7)(C) 129
(b)(7)(D) 4
(b)(7)(E) 34
(b)(8) 67

*More than one exemption may be claimed for each request.
**The Office of Federal Procurement Policy Act, 41 U.S.C. 423(d) was cited.

Other Authority

Reason Number of times applied#

Duplicate request 22
Interim response 3
No responsive records 758
Referred to the Public Reference Branch 219*
Referred to the appropriate SEC Office 13**
Referred to another agency 2
Withdrawn 40
Estimated cost 4
Pending 129***

#These numbers include 49, requests received in 1996, but pending in 1997.

*These requests concern information made available to the public from the Commission's Public Reference Room.

**These requests concern records that were sought under the FOIA, but available to certain parties (e.g. State, Federal, and Local agencies) pursuant to another Commission rule or procedure. Therefore, these requests were directed to appropriate Commission offices or divisions.

***This number includes 9 requests (1 received in 1996 and 8 received in fiscal year 1997) pending in the First-In First-Out ("FIFO") System; 32 requests with partial response sent in 1997, but no final determination by the end of September 1997; and 88 requests received in September of 1997, with no determination by the month's end.

5. Name and title of persons responsible for initial denials:

Name: Hannah R. Hall
Title: Freedom of Information/Privacy Acts Officer
Number of instances of participation: 544

Name: Betty A. Hopkins
Title: Freedom of Information/Privacy Acts
Branch Chief
Number of instances of participation: 58

Name: Brenda Ann Lipscomb
Title: Freedom of Information/Privacy Acts
Branch Chief
Number of instances of participation: 33

6. Total number of intra-agency appeals from adverse decisions made pursuant to Subsection (a)(6): 67*

Affirmed in full 34
Affirmed in part 3
Remanded (part or all) 8
Overturned in full 5
Pending 17

*This total includes 22 appeals filed in 1996, but pending in 1997. More than one disposition may apply to the same appeal.

7. Authority relied upon for total or partial denials on appeals:

Exemption Number Number of times invoked*

(b)(2) 1
(b)(4) 3
(b)(5) 6
(b)(7)(A) 22
(b)(7)(C) 3
(b)(7)(E) 1
(b)(8) 6

*More than one exemption may be claimed for each appeal.

8. Name and title of persons responsible for appeal denials, remands and withdrawals:

Name: Richard M. Humes
Title: Associate General Counsel
Number of Instance of Participation: 50

9. Provide a copy of each court opinion or order giving rise to a proceeding under Subsection (a)(4)(F); a copy of the Office of Personnel Management findings and recommendations on each such proceeding; and a report of the disciplinary action taken against the officer or employee who was primarily responsible for improperly withholding records or an explanation of why disciplinary action was not taken:None

10. Provide an up-to-date copy of all rules or regulations issued pursuant to or in implementation of the FOIA (5 U.S.C. 552):

A copy of which contains the Commission's regulations (17 CFR 200.80 et seq.), as well as a list of FOIA Releases may be obtained from the FOIA Office.*

*The Releases describe certain decisions by the Office of General Counsel on appeals filed by FOIA and confidentiality requesters, which have been disseminated to the public.

11. Total dollar amount of fees collected for making records available:

The total amount of fees collected by the Commission for fiscal year 1997 is $28,115.85. This figure represents search and review costs only. The Commission uses a private company, under contract with the agency, to duplicate records that exceed twenty pages. The contractor charged the requesters or the Commission (when free copies were provided) 24 cents per page for copies. The rate schedule is formulated annually on a direct cost basis as set out in Office of Management and Budget Guidelines.

Requesters are classified by categories to determine fees, as established by the FOIA Reform Act of 1986. Commercial requesters must pay all search, review, and copying costs. Non-commercial scientific institutions, educational institu-tions, and news media requesters pay only duplication costs for more than 100 pages. Other non-commercial requesters pay only search costs beyond two hours and copying costs beyond 100 pages. The FOIA Officer may waive some or all fees, when it is determined that disclosure of requested information is in the public interest and the requester has meet certain factors outlined in the U.S. Department of Justice, Freedom of Information Act Guide & Privacy Act Overview.

Provide a copy of the fee schedule adopted.

12. Subparagraph (d)(7):

(a) Availability of Records: A list of new categories or segregable portions of records now being released upon request: None

(b) Costs: Incremental costs incurred in administering the FOIA: $1,298,115.00

(c) Extensions of Time:

(1) Total number of instances in which it was necessary to seek a ten-day extension of time: 76

(2) Total number of instances where court appeals were taken on the basis of exhaustion of administrative procedures because the agency was unable to comply with the request (administrative appeal) within the applicable time limits: None

(3) Total number of instances in which a court allowed additional time upon showing of exceptional circumstances: None


Modified: 03/27/98