Chief FOIA Officer Report for (bureau) - Department of Commerce

2. If not, what are the current impediments to your agency establishing a mechanism toreceive requests electronically. N/A3. Does your agency track requests electronically. Yes.4. If not, what are the current impediments to your agency utilizing a system to trackrequests electronically. N/A5. Does your agency use technology to process requests. Yes6. If not, what are the current impediments to your agency utilizing technology to processrequests. N/A7. Does your agency utilize technology to prepare your agency Annual FOIA Report. Yes.8. If not, what are the current impediments to your agency utilizing technology in preparingyour Annual FOIA Report. N/AV. Steps Taken to Reduce Backlogs and Improve Timeliness in Responding to Requests1. Backlog Status. The USPTO does not have a FOIA backlog.2. Backlog Reduction Steps. Not applicable.3. Steps to Improve Timeliness. The USPTO does not have cases that exceed 20 businessdays for perfected FOIA requests. Some requests, however, are held open in excess of a20 business day cycle where delays are encountered due to fee matters, clarifications,consultation, etc. For instance, in some FOIA requests, clarification is requested, a feeestimate is provided, a fee waiver is then subsequently invoked, and then administrativeappeals regarding fee waiver and/or expedited treatment denials can impact the actualtotal number of processing days. Most of these events toll the statutory clock, butnonetheless result in an extension of actual non-statutory time. However, even theserequests are processed within statutory requirements when the request is finally perfected.Since these requests are still completed within 20 days after perfection, they are notconsidered “backlogged.” However, the USPTO is increasing its attempts tocommunicate more frequently with these types of requestors in the hope of trimming thetotal non-statutory time. These newer communications include, but are not limited to:telephonic discussions with requestors, fee waiver clarifications that precede initial feewaiver denials, presentation of alternate proposals or suggested strategies to requestors(i.e., suggested remedies to facilitate record description, fee waiver claims, etc. )Office of Inspector General:I: Steps Taken to Apply the Presumption of Openness32