Table 2: Backlog Reduction for SEC OIG - Review of SEC Compliance with FOIA (Sept. 25, 2009)

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Review of the SEC’s Compliancewith the Freedom of InformationAct

September 25, 2009Report No. 465

Prepared by: Elizabeth A. Bunker, Contractor

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IN

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PECTO

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To:

From:

Subject:

UNITED

STATES

SECURITIES

AND EXCHANGE COMMISSION

WASHINGTON

,

D.C.

20549

MEMORANDUM

September 25,2009Mary

L.

Schapiro,ChairmanDavid M.Becker,General Counsel,Office oftheGeneral Counsel MaryS.Head,Director,Office

of

Investor Education andAdvocacyH.David Katz,InspectorGeneral,Office

of

InspectorGeneral

( O l

~~

Review

of

theSecurities

and

ExchangeCommission's Compliance withthe Freedom

of

Information Act,

Report No.465

This memorandum

transmits

the

U.S.

Securities

and

Exchange

Commission

,

OIG'sfinal report detailing the results

of

the review

of

theCommission'sFOIAfunction.The review wasconductedby the OIGaspart

of

theOIG's continuous

efforts

to

assess

management

of

the

Commission

's

programs

and

operations

andwas

based

on

our audit

plan

.

This reportcontains10 recommendations thatweredeveloped tostrengthenthe Commission'sFOIA function and processes.TheOffice

of

theChairmanconcurred with 8recommendationsthat weredirected to its office.The Office

of

the Chairman partiallyconcurred withrecommendation no.

3.

Whilethis

recommendationwas

directed

to

the

Chairman

's

office

,

it

wasresponded

to

by

theOffice

of

General Counsel.TheOffice

of

GeneralCounsel alsopartially

concurred

with

recommendation

no.

5

which

pertained

to

its

office

.

Based

on

the

written

comments

that

were

receivedand

our

assessment

of

the

comments,

we

revised the reportaccordingly.Withinthenext45 days,pleaseprovideOIG with awrittencorrectiveaction plan that is designed to address theagreedupon recommendations.Thecorrective actionplanshouldinclude infomnationsuch astheresponsible official/point

of

contact,time frames forcompletingthe required actions,milestone dates identifying howyou will addressthe recommendationscited

in

this report,etc. Should youhaveanyquestions regarding this report,please do not hesitate to

contact

me.

We

appreciate

the

courtesy

and

cooperation

that

you

and

your

staff

extendedtoour contractor. Attachmentcc: KaylaJ.Gillan,DeputyChief

of

Staff,Office

of

theChairmanDiego Ruiz,Executive Director,Office

of

the Executive DirectorJayne

L.

Seidman,Chief FOIAOfficer,Office

of

the Executive Director

Re

v

iew

of

the

SEC's

Co

mplian

ce

with

FO

IA

September

2

5,

2009Repo

rt

No

.465

Page i

,.

,

I

I

I.

Review of the Securities and ExchangeCommission’s Compliance with theFreedom of Information Act

Executive Summary

Background:

The Freedom of Information Act (FOIA or Act), was enacted in1966. It was amended in 1974, 1976, 1986, and most recently, in 2007 to narrowthe scope of FOIA exemptions and the ability of agencies to withhold information.The Act provides that any person has a right to access federal agency records,with certain exceptions, that address issues such as national security andpersonal rights. Pursuant to the Act, the right of access is enforceable in court.Agencies are required under the Act to respond to FOIA requests within 20-working days and to notify requesters of their right to appeal a response thatdenies the request to access records. In a Memorandum to the Heads ofExecutive Departments and Agencies, issued January 21, 2009, PresidentObama directed FOIA to be administered with a “presumption in favor ofdisclosure,” which emphasizes the importance of transparency and openness ingovernment.Executive Order 13392 “Improving Agency Disclosure of Information” was issuedon December 14, 2005 (Executive Order 13392), and directs federal agencies tobecome more “citizen-centered and results-oriented” in responding to FOIArequests. Additionally, pursuant to the Executive Order federal agencies providethe public with information on their FOIA requests, designate liaisons to interactwith the public, and appoint senior-level Chief FOIA Officers to oversee the FOIAprocess. Executive Order 13392 was followed by the Openness PromotesEffectiveness in our National Government Act of 2007 (OPEN Government Act),which affirmed the requirements of the Executive Order, further limitedextensions to a 20-day time period, and added a new “Office of GovernmentInformation Services.”At the U.S. Securities and Exchange Commission (SEC or Commission), theOffice of Freedom of Information Act and Privacy Act Operations (FOIA/PAOffice) processes FOIA requests. The FOIA/PA Office receives the initial FOIArequests from the public and then identifies the appropriate Commission office ordivision that has the capability to address the FOIA request. The FOIA/PA Officecoordinates record searches with the relevant Commission offices/divisions toprovide a consolidated response to a requester. The Office of General Counsel(OGC) reviews and makes all Commission FOIA appeal determinations.

Review of the SEC’s Compliance with FOIA September 25, 2009Report No. 465

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