NOTE: The annual report subsection of the Act, subsection
(e), was significantly modified by the Electronic Freedom of Information Act
Amendments of 1996 (Public Law l04-231). This report covers the nine-month
reporting period for calendar year 1997 (January 1 through September 30), prior
to the effective date (October 1, 1997) of revised subsection
(e).
REPORT OF ACTIVITIES PURSUANT TO (e)(1) OF THE
ACT
The number of determinations made by the U.S. Postal Service not
to comply with requests for records and the reasons for each such
determination.
Total number = 528
The attached sheets provide the reason for each. The number of
instances cited does not include appeals denials. See (e)(2)
activities.
REPORT OF ACTIVITIES PURSUANT TO (e)(1) OF THE
ACT
REPORT OF ACTIVITIES PURSUANT TO SECTION (e)(2) OF THE
ACT
This report lists the number of appeals from initial denials of requests for
records, the outcomes of those appeals, and the reason for any denial of
requested records.
A total of 130 initial denials of records were appealed to the General
Counsel. Initial denials were reversed in their entirety in 6 cases, while
denials were upheld in their entirety in 32 cases. Ten (10) decisions were
upheld in part and reversed in part. Three (3) cases related solely to requests
for fee waivers, all of which were affirmed. In one (1) case, it was determined
that no reasonably described records had been withheld. One (1) case was found
to be premature. Four (4) cases were rendered moot by the custodian either
providing the information in response to a previous request or after the appeal
was filed. In ten (10) cases, there were no responsive records. In two (2)
cases, the requested records were unidentifiable or could not be located. In one
(1) case, the request was referred to another agency for response, and one (1)
case was considered not to be a request under FOIA. Fifty-nine (59) appeals
remain pending.
An analysis of the exemptions relied upon for upholding the denials of
requests is set out below.
Denials based on 5 U.S.C. 552Instances
(b)(2) 1
(b)(2), b(5), b(6), b(7)(A), b(7)(C) 1
(b)(2), b(5), b(7)(C), b(7)(D) 1
(b)(2), b(5), b(7)(C), b(7)(D), b(7)(E) 1
(b)(3), 39 U.S.C. Sec. 410(c)(1) 1
(b)(3), 39 U.S.C. Sec. 410(c)(1), 39 U.S.C. Sec. 412 3
(b)(4), (b)(3), 39 U.S.C. Sec. 410(c)(2) 1
(b)(5) 5
(b)(5), b(6) 1
(b)(5), b(6), b(3), 39 U.S.C. Sec. 410(c)(3) 1
(b)(6) 8
(b)(6), b(7)(C) 2
(b)(7)(A) 5
(b)(7)(C) 4
(b)(7)(C), b(7)(D) 5
(b)(7)(C), b(7)(E) 1
(b)(7)(D) 1
TOTAL 42
Exemption (b)(2) was invoked in 4 appeals in which records were denied on
the grounds that the requested records related solely to the internal
personnel rules and practices of the Postal Service.
Exemption (b)(3) was invoked in 6 appeals in which records were
statutorily exempt from disclosure. The statutory exemptions relied upon were
as follows:
39 U.S.C. Sec. 410(c)(1) Four appeals
39 U.S.C. Sec. 410(c)(2) One appeal
39 U.S.C. Sec. 410(c)(3) One appeal
39 U.S.C. Sec. 412 Three appeals
Exemption (b)(4) was invoked in 1 appeal in which a request was denied on
the grounds that the requested records were commercial or financial
information obtained from persons outside the Postal Service and were
privileged or confidential.
Exemption (b)(5) was invoked in 10 appeals in which requests were denied
on the grounds that the requested records were inter-agency or intra-agency
memoranda or letters which would not be available by law to a party in
litigation with the Postal Service.
Exemption (b)(6) was invoked in 13 appeals in which requests were denied
on the grounds that the requested records were personnel, medical or similar
files, the disclosure of which would constitute a clearly unwarranted invasion
of personal privacy.
Exemption (b)(7) was invoked in appeals involving records or information
compiled for law enforcement purposes. In 6 cases, the requests were denied
under (b)(7)(A) on the grounds that the disclosure of the records would
interfere with enforcement proceedings. In 15 cases, the requests were denied
under (b)(7)(C) on the grounds that disclosure of the records would constitute
an unwarranted invasion of personal privacy. In 8 cases, the requests were
denied under (b)(7)(D) on the grounds that disclosure would reveal the
identity of a confidential source or information furnished by a confidential
source in the course of an investigation, and in 2 cases, requests were denied
under (b)(7)(E) on the grounds that production of the records would reveal
investigative techniques and procedures the disclosure of which would risk
circumvention of the law.
REPORT OF ACTIVITIES PURSUANT TO (e)(3) OF THE ACT
The names and titles of positions of each person responsible for the denials
of records and the number of instances of participation of each.
Title 18, U.S.C. 2510/2517, Federal Rules of
Criminal Procedure
ii
Title 18, U.S.C. 2510/2517
iii
Title 18, U.S.C. 2510/2517
iv
Rule 6(e), Federal Rules of Criminal
Procedure
v
Title 18, U.S.C. 1461
vi
Title 39, U.S.C. 410(c)(1)
vii
Title 18, U.S.C. 2510/2517
viii
Rule 6(e), Federal Rules of Criminal
Procedure
ix
Rule 6(e), Federal Rules of Criminal
Procedure
x
Title 18, U.S.C. 1461
xi
Rule 6(e), Federal Rules of Criminal
Procedure
xii
Title 18, U.S.C.
2510/2517
REPORT OF ACTIVITIES PURSUANT TO SECTION (e)(4) OF THE
FOIA
The results of each proceeding by which the Office of Personnel
Management and Postal Service moved to discipline postal officers or employees
acting arbitrarily or capriciously in improperly withholding records, including
a report of the disciplinary action taken against the officer or employee who
was primarily responsible for the improper withholding or an explanation of why
disciplinary action was taken.
No Postal Service officers or employees were involved in any
kind of disciplinary proceedings due to arbitrary or capricious withholding of
records.
REPORT OF ACTIVITIES PURSUANT TO (e)(5) OF THE
ACT
A copy of every rule made by the Postal Service regarding the
Freedom of Information Act.
The Postal Service published one rule during 1997 regarding the
Freedom of Information Act (FOIA). The rule, published on December 5,
1997 at 62 FR 64280, amended Postal Service regulations (Part 265 of Title 39,
Code of Federal Regulations) implementing the FOIA, to conform with the
Electronic Freedom of Information Act Amendments of 1996 (Public Law 104-231).
In addition, the rule updated the schedule of fees charged a requester for
searching for records by computer.
REPORT OF ACTIVITIES PURSUANT TO (e)(6) OF THE
ACT
A copy of the fee schedule and the total
amount of fees collected by the Postal Service for making records available
under the Freedom of Information Act.
Approximate total amount of fees collected for the 1997
reporting period was $97,953.34.
REPORT OF ACTIVITIES PURSUANT TO (e)(7) OF THE
ACT
Such other information as indicates efforts to administer fully
the Freedom of Information Act.
The Electronic Freedom of Information Act Amendments of 1996
significantly increased the amount of data agencies must collect and report
pursuant to subsection (e), that pertains to the submission of annual reports
by federal agencies on administration of the Act. Compliance with these new
data reporting requirements posed a challenge to the Postal Service where FOIA
request processing is decentralized and a FOIA request may be received and
processed at any of 40,000 facilities. In 1997 the Postal Service began design
and development of a form, procedures, and an automated system to collect
information from that number of facilities. System development is
ongoing.
The Records office function at Postal Service Headquarters
administers FOIA policy for the Postal Service. In 1995 it appointed 95
district and area coordinators to assist in FOIA administration. The role of
each coordinator is to gather and verify annual reporting data from post
offices under its jurisdiction and to provide general guidance on an ongoing
basis to personnel at those offices. In 1997 the Records office provided
on-site training to the 95 coordinators on the electronic FOIA amendments and
the new reporting requirements.
In 1997 a new FOIA web page was developed at the Postal
Service's world wide web site (http://www.usps.gov), established in
1996. The web page includes links to a new publication giving procedures for
requesting Postal Service records under the FOIA; a link to a publication
giving the public source for postal directives in which the public might have
an interest; and a link to Judicial Officer and General Counsel decisions. The
web page will continue to grow as public index and other records of public
interest are added.
Records requested the Postal Inspection Service, the
investigative and audit function of the Postal Service, to conduct an audit of
agency FOIA and Privacy Act implementation. The Inspection Service concluded
its audit in 1997 with no findings.
ITEMIZED LIST OF STATUTES QUALIFYING UNDER THE THIRD
EXEMPTION OF THE FREEDOM OF INFORMATION ACT
(FOIA)
In initial denials, six statutory provisions applicable to the
Postal Service were cited as coming within the scope of subsection (b)(3) of the
FOIA:
On appeal, two statutory provisions applicable to the Postal
Service were cited as coming within the scope of subsection (b)(3) of the FOIA: