United States Postal Service
Freedom of Information Act (FOIA)
Report for Fiscal Year 2001
(October 1, 2000 through September 30, 2001)
I. Basic Information Regarding Report
A.
Name, title, address, and telephone number of person to be contacted
with questions about the report
Jane Eyre
Manager, Records Office
United States Postal Service
475 L’Enfant Plaza SW, Room 5821
Washington, DC 20260-5821
Telephone (202) 268-2608
B.
Electronic address for report on the World Wide Web
http://www.usps.com/foia/annualreports/welcome.htm
C. How to
obtain a copy of this report in paper form
A
hard copy of this report may be obtained upon written request to:
Jane Eyre
Manager, Records Office
United States Postal Service
475 L’Enfant Plaza SW, Room 5821
Washington, DC 20260-5821
II. How to Make a FOIA Request
A FOIA request for Postal Service records may be
directed to the records custodian who is the head of the facility where the
records are maintained. For example, if the requester knows the records are
located at a particular post office, the postmaster at that post office would
be the records custodian. If the desired records are maintained by a
functional unit at Headquarters, the Vice President of that unit would be the
records custodian. If the requester does not know where the records are
maintained, the request should be directed to the Records Office at Postal
Service Headquarters in Washington, DC.
There is no required form for submitting a request. A
requester should simply write a letter, indicating FOIA somewhere on the
letter, and describe the records wanted. It is also helpful to include the
amount of processing fees for which the requester is willing to accept
liability. If estimated processing fees exceed that amount, the requester will
be notified in advance.
A request should describe, with as much detail as
possible, the records being requested. The description should be detailed
enough to permit an agency employee familiar with the subject matter to locate
the records with a reasonable amount of effort. A reasonable description is
required by the FOIA and helps ensure prompt retrieval of the records of
interest while minimizing processing costs to the requester.
Detailed information on submitting a FOIA request may
be found in Publication 549, Freedom of Information Act (FOIA) Requests for
Postal Service Records, a guide for obtaining Postal Service records. (See
FOIA web page for link.)
A.
Names, addresses, and telephone numbers of all individual agency
components and offices that receive FOIA requests
FOIA
processing at the Postal Service is decentralized. As stated above, a FOIA
request should be sent directly to the records custodian of the records being
sought. This may be any one of 40,000 post offices or hundreds of
administrative offices could receive a FOIA request. However, if the requester
does not know where records are maintained, a request should be sent as
follows:
|
Non-investigative
records:
Jane Eyre
Manager, Records Office
United States
Postal Service
475 L’Enfant Plaza SW, Room 5821
Washington, DC 20260-5821
|
Investigative
records:
Lee Heath
Chief Postal Inspector
United States
Postal Service
475 L’Enfant Plaza SW, Room 3100
Washington, DC 20260-2100
|
B.
Brief description of the Postal Service’s response-time ranges
The
Postal Service does not use multi-track processing. Due to decentralized
processing, most offices are able to respond to most requests within the twenty
working days time period set by the FOIA. Additional time may be needed if a
request involves a time consuming search or review or a voluminous amount of
records. In these instances, or in the unusual case of a backlog, the
requester will be notified.
C.
Brief description of why some requests are not granted
The
Postal Service’s policy is to make its official records available to the public
to the maximum extent consistent with the public interest. A requester will
receive copies of all responsive records or parts of records that are not
subject to one of the exemptions contained in the FOIA. Once the records
custodian has processed a request and any fee issues have been resolved, the
requester will be sent a written initial response with a determination of
available records that may be disclosed. The response letter will advise
whether any information is being withheld pursuant to one or more of the
exemptions. When pages are being withheld in their entirety, the records
custodian either will specify the number of pages being withheld or will make a
reasonable effort to estimate the amount of the withheld information.
The
exemptions in the FOIA authorize federal agencies to withhold information
covering: (1) classified national defense and foreign relations information,
(2) internal agency rules and practices, (3) information that is prohibited
from disclosure by another federal law, (4) trade secrets and other
confidential business information, (5) inter-agency or intra-agency
communications that are protected by legal privileges, (6) information
involving matters of personal privacy, (7) certain types of information
compiled for law enforcement purposes, (8) information relating to the
supervision of financial institutions, and (9) geological information on
wells. Although not legally obligated to do so, the records custodian may
disclose exempt information as a matter of administrative discretion if that
disclosure is not prohibited by any law and would not cause any foreseeable
harm.
Exemptions
1, 8, and 9 are rarely, if ever, applicable to Postal Service records.
III.
Definitions of Terms and Acronyms used in the Report
A.
Agency-specific acronyms or other terms
1.
USPS – United States Postal Service.
2.
Records
custodian – the
head of a postal facility such as an area office, district office, post office,
or other postal installation that maintains Postal Service records and
information. Vice Presidents are the custodians of records and information
maintained at Headquarters. Custodians are responsible for seeing that records
within their facilities or organizations are managed according to Postal
Service policies.
3.
Basic request – a request that required less than
two hours of resources to process.
4.
Complicated
request – a request
that required two hours or more of resources to process.
5.
E-FOIA – the “Electronic Freedom of
Information Act Amendments of 1996, Public Law No. 104-231, 110 Stat. 3048,”
making major revisions to the FOIA, including subsection (e) that pertains to
the submission of annual reports by federal agencies on their administration of
the Act.
B.
Basic terms expressed in common terminology
1.
FOIA/PA request – Freedom of Information Act/Privacy Act request. A
FOIA request is generally a request for access to records concerning a third
party, an organization, or a particular topic of interest. A Privacy Act
request is a request for records concerning oneself; such requests are also
treated as FOIA requests.
2.
Initial request – a request to a federal agency for access to records
under the Freedom of Information Act.
3.
Appeal – a request to a federal agency asking that it
review, at a higher administrative level, a full denial or partial denial of
access to records under the Freedom of Information Act, or any other FOIA
determination such as a matter pertaining to fees.
4.
Processed request or appeal – a request or appeal for which an agency has taken a
final action on the request or the appeal in all respects.
5.
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 in each track are processed on a first-in, first-out basis. A
requester who has an urgent need for records may request expedited processing
(see below). Note: The Postal Service does not have a multi-track processing
system since it usually does not have FOIA backlogs.
6.
Expedited processing – an agency will process a FOIA request on an
expedited basis when a requester has shown an exceptional need or urgency for
the records which warrants prioritization of his or her request over other
requests that were made earlier.
7.
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. Note: The Postal Service does not
have a multi-track processing system since it does not usually have a backlog.
However, in calculating median processing time, it does distinguish between
basic and complicated requests. See III.A. above.
8.
Complex request – a FOIA request that an agency using multi-track
processing places in a slower track based on the volume and/or complexity of
records requested. Note: The Postal Service does not have a multi-track
processing system since it does not usually have a backlog. However, in
calculating median processing time, it does distinguish between basic and
complicated requests. See III.A. above.
9.
Grant – an agency decision to disclose all records in full
in response to a FOIA request.
10.
Partial grant – an agency decision to disclose a record in part in
response to a FOIA request, deleting information determined to be exempt under
one or more of the FOIA’s exemptions; or a decision to disclose some records in
their entireties but to withhold others in whole or in part.
11.
Denial – an agency decision not to release any part of a
record or records in response to a FOIA request because all the information in
the requested records is determined by the agency to be exempt under one or
more of the FOIA’s exemptions.
12.
Time limits – the time period in the Freedom of Information Act
for an agency to respond to a FOIA request (ordinarily 20 working days from
proper receipt of a perfected FOIA request).
13. Perfected request – a FOIA request for
records which adequately describes the records sought, which has been received
by the FOIA office of the agency or agency component in possession of the
records, and for which there is no remaining question about the payment of
applicable fees.
14. Exemption 3 statute – a separate federal
statute prohibiting the disclosure of a certain type of information and
authorizing its withholding under FOIA subsection (b)(3).
15. Median number – the middle, not average,
number. For example, of 3, 7, and 14, the median number is 7.
16. 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.
IV. Exemption 3 Statutes
|
Exempting Statute
|
Type of Information Withheld
|
Case Citation
|
|
39 U.S.C. 410(c)(1)
|
Records relating to names and addresses of postal
customers
|
None
|
|
39 U.S.C. 410(c)(2)
|
Records relating to commercial information that is
proprietary to the Postal Service
|
Weres Corporation v. USPS, Civil Action No. 95-1984
(D.D.C. 1996)
|
|
39 U.S.C. 410(c)(3)
|
Records relating to information prepared for use in
negotiating collective bargaining agreements
|
None
|
|
39 U.S.C. 412
|
Records containing lists of postal customers
|
None
|
V. Initial FOIA/PA Access Requests
A.
Numbers of initial requests
|
|
Records Office
|
Inspection Service
|
Other Postal Locations
|
Total
|
|
1. Number of requests pending as of end of preceding
fiscal year
|
152
|
139
|
Not captured
|
291
|
|
2. Number of requests received during current
fiscal year
|
598
|
386
|
327
|
1311
|
|
3. Number of requests processed during current
fiscal year
|
586
|
400
|
327
|
1313
|
|
4. Number of requests pending as of end of current
fiscal year
|
164
|
125
|
Not captured
|
289
|
B. Disposition of initial
requests
|
Initial requests
|
|
1. Number of
total grants
|
532
|
|
2. Number of
partial grants
|
228
|
|
3. Number of
denials
|
110
|
|
a.
Number of times each FOIA exemption used
(counting each exemption once per request)
|
|
|
(1) Exemption 1
|
0
|
|
(2) Exemption 2
|
53
|
|
(3) Exemption 3
|
71
|
|
(4) Exemption 4
|
18
|
|
(5) Exemption 5
|
79
|
|
(6) Exemption 6
|
151
|
|
(7) Exemption 7(A)
|
17
|
|
(8) Exemption 7(B)
|
1
|
|
(9) Exemption 7(C)
|
137
|
|
(10) Exemption 7(D)
|
65
|
|
(11) Exemption 7(E)
|
42
|
|
(12) Exemption 7(F)
|
9
|
|
(13) Exemption 8
|
0
|
|
(14) Exemption 9
|
0
|
|
4. Other
reasons for nondisclosure
|
443
|
|
a.
No records
|
172
|
|
b.
Referrals
|
0
|
|
c.
Request withdrawn
|
21
|
|
d.
Fee-related reason
|
57
|
|
e.
Records not reasonably
described
|
129
|
|
f.
Not a proper FOIA request
for some other reason
|
6
|
|
g.
Not an agency record
|
21
|
|
h.
Duplicate request
|
28
|
|
i.
Other:
|
|
|
Incomplete authorization
|
9
|
|
Unable to locate requester
|
0
|
|
Referred to appeal process
|
0
|
VI. Appeals of Initial Denials of FOIA/PA Requests
A. Number of
appeals
|
Appeals
|
|
1. Number
of appeals received during fiscal year
|
127
|
|
2. Number
of appeals processed during fiscal year
|
127
|
B. Disposition
of appeals
|
Appeals
|
|
1. Number
completely upheld
|
70
|
|
2. Number
partially reversed
|
7
|
|
3. Number
completely reversed
|
4
|
|
Number of times each FOIA exemption used
(counting each exemption once per appeal)
|
|
|
(1) Exemption 1
|
0
|
|
(2) Exemption 2
|
6
|
|
(3) Exemption 3
|
17
|
|
(4) Exemption 4
|
10
|
|
(5) Exemption 5
|
18
|
|
(6) Exemption 6
|
19
|
|
(7) Exemption 7(A)
|
1
|
|
(8) Exemption 7(B)
|
0
|
|
(9) Exemption 7(C)
|
11
|
|
(10) Exemption 7(D)
|
8
|
|
(11) Exemption 7(E)
|
0
|
|
(12) Exemption 7(F)
|
0
|
|
(13) Exemption 8
|
0
|
|
(14) Exemption 9
|
0
|
|
4. Other
reasons for nondisclosure
|
46
|
|
a. No records exist
|
0
|
|
b. Referrals
|
2
|
|
c. Request withdrawn
|
0
|
|
d. Fee-related reason
|
3
|
|
e. Records not reasonably described
|
2
|
|
f. Not a proper FOIA request for some other reason
|
2
|
|
g. Not an agency record
|
0
|
|
h. Duplicate request
|
3
|
|
i. Other:
|
|
|
Initial response pending
|
17
|
|
Initial request
|
0
|
|
Response received
|
17
|
VII. Compliance with
Time Limits/Status of Pending Requests
A. Median processing
time for requests processed during the year
|
|
Records Office
|
Inspection Service
|
Other Postal Locations
|
|
|
Number Processed
|
Median Number of Days
|
Number Processed
|
Median Number of Days
|
Number Processed
|
Median Number of Days
|
|
1. Basic requests
|
404
|
7
|
126
|
38
|
247
|
8
|
|
2. Complicated requests
|
181
|
26
|
274
|
76
|
78
|
22
|
|
3. Requests accorded expedited processing
|
1
|
6
|
0
|
n/a
|
2
|
4
|
B. Status of
pending requests
|
|
Records Office
|
Inspection Service
|
Other postal locations
|
|
1. Number of requests pending as of end of current
fiscal year
|
164
|
125
|
Not captured
|
|
2. Median number of days such requests were pending
as of that date
|
161
|
Not captured
|
Not captured
|
VIII. Comparisons with
Previous Year
A. The
number of requests received increased 12.63%
(1311 FY 2003, 1164 FY 2002)
B. The
number of requests processed increased 17.34%
(1313 FY 2003, 1119 FY 2002)
C. The
median number of days requests were pending as of the end of the fiscal year increased
5.23% (161 FY 2003, 153 FY 2002)
D. Number of
expedited requests granted 3; number of expedited requests received 7.
IX. Costs/FOIA Staffing
A. Staffing
levels
1. Number of full-time FOIA personnel 5
2. Number of personnel with part-time FOIA duties 5.5
work-years
3. Total number of personnel 10.5
work-years
B. Total
costs (including staff and all resources)
1. FOIA processing including appeals $
678,931
2. Estimated litigation-related activities $
10,000
3. Total costs $
688,931
X. Fees
A. Total
amount of fees collected by agency for
processing requests: $82,508.95
B. Percentage
of total costs: 12.0%
XI. FOIA Regulations
(Including Fee Schedule)
The Postal Service’s release of information
regulations in support of the FOIA are found in Title 39 Code of Federal
Regulations §265. This information is available online at http://www.access.gpo.gov/nara/cfr/waisidx_03/39cfr265_03.html
The fee provisions are contained at section 265.9 of
those regulations.
|