U.S. POSTAL SERVICE

FREEDOM OF INFORMATION ACT (FOIA)
REPORT FOR FISCAL YEAR 2009

I.  BASIC INFORMATION REGARDING REPORT

1.  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 - Telephone (202) 268-2608

2.  Electronic address for report on the World Wide Web

http://www.usps.com/foia/annualreports/welcome.htm 
3.  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
II. MAKING A FOIA REQUEST

A FOIA request for Postal Service records must be in writing, be a request for records, and bear the caption “Freedom of Information Act Request.”  

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 Handbook AS-353, Guide to Privacy, the Freedom of Information Act, and Records Management. (http://www.usps.com/cpim/ftp/hand/as353/welcome.htm)
1.	Names, addresses, and telephone numbers of all individual agency components and offices that receive FOIA requests.

Component A
Non-investigative records:

Manager, Records Office
United States Postal Service
Room 5821
475 L’Enfant Plaza SW  
Washington, DC  20260

Phone: (202) 268-2608	Component B                                                 
Investigative records and Inspector General records:

Joint Legal Service Center (JLSC) for the 
U.S. Postal Inspection Service & 
  Office of the Inspector General
FOIA Office
1735 N. Lynn Street, 4th Fl
Arlington, VA 22209

Phone:  (703) 292-3944

 

2.  Brief description of why some requests are not granted.

The Postal Service’s mission is to provide the nation with reliable, affordable, universal mail service. The basic functions of the Postal Service were established in 39 U.S.C. § 101(a): “. . . [T]o bind the Nation together through the personal, educational, literary, and business correspondence of the people.”  The Postal Service is “an independent establishment of the executive branch” of the government, created by the Postal Reorganization Act, (PRA), 39 U.S.C. §§ 101, et seq., and directed to conduct its operations in accordance with sound business principles.  It is the policy of the Postal Service to make its official records available to the public to the maximum extent consistent with the public interest.  

The Postal Service primarily invokes FOIA Exemptions 2, 3, 5 and 6 to withhold records from disclosure.  FOIA Exemption 2 provides that agencies may withhold records “related solely to the internal personnel rules and practices of an agency.”  Two types of information may be withheld under Exemption 2: (1) records concerning internal matters of a relatively trivial nature (“low 2”), and (2) records concerning substantial internal matters, the disclosure of which would risk circumvention of a legal requirement (“high 2”).  The Postal Service’s substantial infrastructure and coordination with both private industry and other government agencies requires the generation of schedules, maps, routes, manuals, and plans that could be used to circumvent a variety of legal requirements, including anti-terrorism laws.  The Postal Service routinely protects these records under high 2 when necessary.  

FOIA Exemption 3 provides that agencies may withhold records that are exempted from disclosure by another statute.  Examples of such statutes include the Postal Reorganization Act and 39 U.S.C. §§ 410(c) and 412.  Specifically, 39 U.S.C. § 410(c)(2) does not require the disclosure of “information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed.”  Some of the types of information withheld under (c)(2) include: information about methods of handling valuable Registered Mail; money order records; technical information on postage meters and prototypes submitted for approval before leasing to mailers; market surveys; records indicating rural carrier lines of travel; records that would be of potential benefit to firms in economic competition with the Postal Service; information that could materially increase procurement costs; and information that might compromise testing or examination materials.  Further, 39 U.S.C. § 410(c)(3) does not require the disclosure of “information prepared for use in the negotiation of collective bargaining agreements under 39 U.S.C. Chapter 12, and minutes of or notes kept during the negotiating sessions.”  39 U.S.C. § 412 prohibits the disclosure of mailing lists or other lists of names or addresses (past or present) of Postal Service customers or other persons to the public by any means or for any purpose.  In addition, 39 U.S.C. § 410(c)(1) permits the withholding of the name or address, past or present, of any Postal Service customer.  

FOIA Exemption 5 permits agencies to withhold “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.”  The exemption permits agencies to withhold records that would be privileged in the context of civil discovery.  These records are protected by one or more of the following privileges that have been recognized under the exemption:  (1) the “deliberative process” privilege, (2) the attorney-client privilege, and (3) the attorney work-product privilege.  For example, internal documents that contain opinions, suggestions, or recommendations of government employees, contain “deliberative” information within the meaning of FOIA Exemption 5.  Attorney-client privilege protects confidential communications between an attorney and his client relating to a legal matter for which the client has sought professional advice.  Attorney work-product privilege protects adversarial trial process by insulating attorney’s preparation from scrutiny.  The Postal Service primarily uses Exemption 5 to protect records related to internal decision-making when it believes that the release of the records could result in confusion or stifling of frank, open discussion within the Postal Service.  For example, records that include employee opinions and recommendations that do not reflect a final policy decision may be redacted to remove such pre-decisional recommendations.

FOIA Exemption 6 applies to personal information, including medical and personnel files, the disclosure of which would be a clearly unwarranted invasion of personal privacy.  With hundreds of thousands of employees and hundreds of millions of customers, the Postal Service’s daily operations require the use of a great deal of personal information.  The Postal Service commonly protects personal information about its employees, customers and other individuals which would be a clearly unwarranted invasion of personal privacy.  Customer information routinely protected under Exemption 6 includes records concerning change of address or post office boxholder information and complaints.  Employee information routinely protected includes attendance, discipline, and medical records. 

The Postal Inspection Service is the primary law enforcement arm of the Postal Service, and performs investigative and security functions essential to a stable and sound postal system.  The mission of the Inspection Service is to protect the Postal Service, secure the nation’s mail system and ensure public trust in the mail.  The U.S. Postal Service Office of Inspector General (USPS OIG) plays a key role in maintaining the integrity and accountability of America’s postal service, its revenue and assets, and its employees.  The OIG achieves its mission of helping maintain confidence in the postal system and improving the Postal Service’s bottom line through independent audits and investigations.  As such, the records maintained by the Postal Inspection Service and the USPS OIG often involve law enforcement matters.  Because law enforcement records are of such interest to subjects of investigations, victims of crime, and the public at large, these records are often requested under the FOIA.  The Postal Inspection Service and USPS OIG invoke the FOIA’s two privacy exemptions primarily to prevent unwarranted injury to the privacy interests of those individuals identified in law enforcement records, such as suspects, witnesses, or investigators (FOIA Exemptions 6 and 7(C)).  In addition, the USPS OIG is obligated under Sec. 7 of the Inspector General Act to protect the identity of employees who provide the agency information, further strengthening the protection afforded under FOIA Exemptions 7(C) and (D).  The Postal Inspection Service and USPS OIG also protect information about their enforcement activities the release of which would risk circumvention of the law (FOIA Exemption 2).

III. ACRONYMNS, DEFINITIONS, AND EXEMPTIONS
1.	Agency-specific acronyms or other terms.

a.	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.	OIG – Office of Inspector General

c.	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.

d.	USPS – United States Postal Service.

e.	JLSC – Joint Legal Service Center.
2.	Definitions.

a.	Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level.

b.	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.

c.	Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for response.

d.	Component – for agencies that process requests on a decentralized basis, a “component” is an entity within the agency that processes FOIA requests.  The FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each principal component of the agency.

e.	Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document.  Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency that forwarded it.  That agency, in turn will then respond to the FOIA requester.
	
f.	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. 

g.	Exemption 3 statute – a federal statute that exempts or prohibits information from disclosure and which the agency relies on to withhold information under FOIA subsection (b)(3).

h.	FOIA Request – A FOIA request is generally a request for access to agency records concerning another person (i.e., a “third-party” request) an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., “first-party” requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act “systems of records” or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the requester are included in this report.

	Additionally, a FOIA request includes records referred to the agency for processing and direct response to the requester.  It does not, 
	however, include a request for records for which the agency has received a consultation from another agency.  (Consultations are 
	reported in Section XII of this report.)

i.	Full Grant – an agency decision to disclose all records in full in response to a FOIA request.

j.	Full Denial – an agency decision not to release any records in response to a FOIA request because the records are exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no records could be located.

k.	Initial Request – a request to a federal agency for access to records under the Freedom of Information Act.

l.	 Median Number – the middle, not average, number.  For example, of 3, 7, and 14, the median number is 7.

m.	
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.  Requests granted expedited processing are placed in yet another track.  Requests in each track are processed on a first in/first out basis

i.	Expedited Processing – an agency will process a FOIA request on an expedited basis when a requester satisfies the requirements for expedited processing as set forth in the status and agency regulations.

ii.	Simple Request – a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the low volume and/or simplicity of the records requested.

iii.	Complex Request – a FOIA request that an agency using multi-track processing places in a slower track based on the high volume and/or complexity of the records requested.

n.	 Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose portions of the records and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a procedural reason.  

o.	Perfected Request – a FOIA request for records which reasonably describes the records sought and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed.

p.	Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken a final action in all respects.

q.	Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals.

r.	Time limits – the time period in the FOIA for an agency to respond to a FOIA request (ordinarily 20 working days from receipt of a perfected FOIA request).

3.	Exemptions.
Exemption 1 - applies to classified national defense and foreign relations information. 
Exemption 2 - internal agency rules and practices. 
Exemption 3 - information that is prohibited from disclosure by another federal law.   
Exemption 4 - trade secrets and other confidential business information.
Exemption 5 – inter-agency or intra-agency communications that are protected by legal privileges.  
Exemption 6 – information involving matters of personal privacy. 
Exemption 7 - records or information compiled for law enforcement purposes, to the extent that providing these records: 

(A) could reasonably be expected to interfere with enforcement proceedings,
(B) would deprive a person of a right to a fair trial or impartial adjudication,
(C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, 
(D) could reasonably be expected to disclose the identity of a confidential source,
(E) would disclose techniques, procedures, and guidelines used in law enforcement investigations or prosecutions, if the disclosure could reasonably be expected to risk circumvention of the law, and
(F) could reasonably be expected to endanger the life or physical safety of any individual. 
Exemption 8 - information relating to the supervision of financial institutions. 
Exemption 9 - geological information on wells. 

IV. Exemption 3 Statutes

Exempting Statute	Type of Information Withheld	Case Citation	Number of Times Relied upon per Component	Total Number of Times Relied upon by Agency	

39 U.S.C. 410 (c)(1)	
Records relating to names and addresses of postal customers	
None	
USPS:               29
   
JLSC:                  2	
31	

9 U.S.C. 410(c)(2)	
Records relating to commercial information that is proprietary to the Postal Service	
Wickwire Gavin v. USPS, 356 F.3d588 (4th Cir. 2004); Airline Pilots Ass’n, Int’l v. USPS and FedEx, 2004 U.S. Dist. LEXIS 26067 (D.D.C. June 24, 2004)
	
USPS:             118

JLSC:                 2	
120	

39 U.S.C. 410(c)(3)	
Records relating to information prepared for use in negotiating collective bargaining agreements
	
None	
USPS:              12  

JLSC:                 0	
12	

39 U.S.C. 410(c)(4)	
Records prepared for proceedings under 39 U.S.C. Chapter 36, relating to rates, classification, and service changes
	
None	
USPS:                5

JLSC:                 0	
5	

39 U.S.C. 410(c)(5)	Reports and memoranda of consultants or independent contractors, except to the extent that they would be required to be disclosed if prepared within the Postal Service	
None	
USPS:                3

JLSC:                 0	
3	

39 U.S.C. 412	
Records containing lists of postal customers
	
None	
USPS:                9

JLSC:                 0	
9	

18 U.S.C. 1461	
Records concerning non-mailable matter 
	
None	
USPS:                0

JLSC:                 0	
0

18 U.S.C. 2510	
Records relating to wiretap requests and information	
Lam Lek Chong v. DEA, 929 F.2d 729 (D.C. Cir.1991)	
USPS:                 0

JLSC:                 1	
1	

18 U.S.C. 2517	
Records relating to wiretap requests and information	
Lam Lek Chong v. DEA, 929 F.2d 729 (D.C. Cir.1991)	
USPS:                 0

JLSC:                 2	
2	

Federal Rules of Criminal Procedure-Rule 6(e)	
Grand jury information	
Senate of P.R. v. United States Dep’t of Justice, 823 F.2d 574 (D.C. Cir. 1987)	
USPS:                  0

JLSC:                13	
13	

Not available	
Not available	
Not available*	
USPS:                 4

JLSC:                  2	
6

*The records custodian/designee did not include the statute relied upon in the response to the requester.

V.  FOIA/PA Requests 
A.  Received, Processed and Pending FOIA Requests

Number of Requests Pending as of Start of Fiscal Year
	
Number of Requests Received in Fiscal Year	
Number of Requests Processed in Fiscal Year	
Number of Requests Pending as of End of Fiscal Year	

USPS
	
201**
 	
1723	
1849
	
 75

JLSC*
	
12**	
 623	
 601
	
 34

Agency Overall
	
213**	
2346	
2450	
109	
*OIG & Inspection Service reported separately in last year’s report.
**Adjusted from last year for those requests that had not been reported as received or closed.
B. (1) Disposition of FOIA Requests – All Processed Requests

Number of Full Grants	
Number of Partial Grants/
Partial Denials
	
Number of Full Denials Based on Exemptions	

Number of Full Denials Based on Reasons Other than Exemptions	
				
No Records	
All Records Referred to Another Component or Agency	
Request Withdrawn	
Fee Related Reason	
Records Not Reasonably Described	
Improper FOIA Request for Other Reason	
Not Agency Record 	
Duplicate Request	
Other 

See B.(2) Below 	
TOTAL	

USPS
	
896	
151	
170	
146	
 85	
69	
74	
41	
132	
18	
36	
31	
1849	

JLSC
	
30
	
199	
 76	
 72	
120	
18	
 1	
 6	
 57	
 9	
13	
 0	
  601	

Agency Overall
	
926	
350
	
246	
218
	
205	
87	
75	
47	
189	
27	
49	
31	
   2450

B. (2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than   Exemptions” from Section V, B (1) Chart

	Description of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied Upon	
TOTAL	

USPS
	
Referral Page(s) – 9
Non-responsive record material – 22	
                                  31	

JLSC
	
N/A	
                                   N/A	

Agency Overall
	
Referral Page(s) – 9
Non-responsive record material – 22	                                  
                                  31	

B. (3) Disposition of FOIA Requests – Number of Times Exemptions Applied

	Ex. 1	Ex. 2	Ex. 3	Ex. 4	Ex. 5	Ex. 6	Ex.  7(A)	Ex. 7(B)	Ex. 7(C)	Ex. 7(D)	Ex. 7(E)	Ex. 
7(F)	Ex. 8	Ex. 9	

USPS
	
2	
  60	
158	
84	
38	
159	
  4	
1	 
    4	
  2	
  1	
1	
0
	
0	

JLSC
	
0	
  56	
  21	
10	
52	
126	
40	
1	
198	
90	
25	
8	
0	
0	

Agency
Overall	
2	
116	
179	
94	
90	
285	
44	
2	
202	
92	
26	
9	
0	
0	

VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATION OF FOIA REQUESTS 
A.	Received, Processed and Pending Administrative Appeals

Number of Appeals  Pending as of Start of Fiscal Year
	
Number of Appeals Received in Fiscal Year	
Number of Appeals Processed in Fiscal Year	
Number of Appeals Pending as of End of Fiscal Year	

USPS & Inspection Service (combined)	
2	
152	
154	
0	

OIG
	
4	
 22	
 25	
1	

Agency Overall
	
6	
174	
179	
1	

B.	Disposition of Administrative Appeals – All Processed Appeals

Number Affirmed on Appeal	
Number Partially Affirmed & Partially Reversed/Remanded on Appeal
	
Number Completely Reversed/Remanded on Appeal
	
Number of Appeals Closed for Other Reasons	
TOTAL	

USPS/Inspection Service (combined)	

  86	

18	

36	

14	

154	

OIG
	
                18	
 6	
 0	
 1	
 25	

Agency Overall
	
104	
24	
36	
15	
179	

C.	(1) Reasons for Denial on Appeal – Number of Times Exemptions Applied

	Ex. 1	Ex. 2	Ex. 3	Ex. 4	Ex. 5	Ex. 6	Ex.  7(A)	Ex. 7(B)	Ex. 7(C)	Ex. 7(D)	Ex. 7(E)	Ex. 
7(F)	Ex. 8	Ex. 9	

USPS/Inspection Service (combined)
	
0	
 8	
22	
6	
21	
21	
2	
0	
17	
14	
5	
0	
0	
0	

OIG
	
0	
 2	
 0	
1	
 0	
10	
0	
0	
16	
 2	
0	
0	
0	
0	

Agency Overall
	
0	
10	
22	
7	
21	
31	
2	
0	
33	
16	
5	
0	
0	
0	
    C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions 

No Records	
All Records Referred to Another Component or Agency	
Request Withdrawn	
Fee Related Reason	
Records Not Reasonably Described	
Improper FOIA Request for Other Reason	
Not Agency Record 	
Duplicate Request	
Other 

See
C.(3) Below	
USPS & Inspection Service (combined)	

31	

0	

1	

4	

2	

14	

0	

0	

15	

OIG
	
 2	
0	
1	
0	
1	
0	
0	
1	
0	

Agency Overall	
33	
0	
2	
4	
3	
14	
0	
1	
15	

C.	(3) Reasons for Denial on Appeal – “Other” Reasons from Section VI, C.(2) Chart

	Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Were Relied Upon	
TOTAL	

USPS & Inspection Service (combined)	
15	
15	

OIG
	
 0	
0	

Agency Overall
	
15	
15	

   C. (4) Response Time for Administrative Appeals	

	Median Number of Days	Average Number of Days	Lowest Number of Days	Highest Number on Days	

USPS & Inspection Service (combined)	
20	
18.8	
1	
65	

OIG	
16
	
14	
5	
20	

Agency Overall
	
Not captured	
18.1	
1	
65	

  C. (5) Ten Oldest Pending Administrative Appeals	

Date of Receipt of Ten Oldest Appeals/ Number of Days PendingPending	10th 	9th	8th	7th	6th	5th	4th	3rd	2nd	Oldest	
USPS & Inspection Service (combined)	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	

OIG	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	Date:
09/23/09

# of Days: 5	
Agency Overall	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
N/A	
Date:
09/23/09

# of Days: 5	

VII.	FOIA Requests:  Response Time For Processed and Pending Requests

A.	Processed Requests – Response Time for All Processed Perfected Requests

	SIMPLE	COMPLEX	EXPEDITED PROCESSING	
	Median # of Days	Average # of Days	Lowest # of Days	Highest # of Days	Median # of Days	Average # of Days	Lowest # of Days	Highest # of Days	Median # of Days	Average # of Days	Lowest # of Days	Highest # of Days	

USPS 
	
<1	
18.27	
<1	
387	
<1	
14.41	
      <1	
249	
<1	
<1	
<1	
<1	

JLSC
	
<1	
3.61	
<1	
144
	
70	
68.25	
<1	
133
	
<1	
<1	
<1	
<1	

Agency 
Overall
	
<1	
14.1	
<1	
387	
Not available	
15.06	
<1	
249	
<1	
<1	
<1	
<1	

B.	Processed Requests – Response Time for Perfected Requests in Which Information Was Granted
	SIMPLE	COMPLEX	EXPEDITED PROCESSING	
	Median # of Days	Average # of Days	Lowest # of Days	Highest # of Days	Median # of Days	Average # of Days	Lowest # of Days	Highest # of Days	Median # of Days	Average # of Days	Lowest # of Days	Highest # of Days	

USPS	
<1	
22.82
	
<1	
387
	
17
	
18.26
	
<1	
249
	
<1	
<1	
<1	
<1	

JLSC	
3	
6.72	
<1	
144	
103	
91	
37	
133	
N/A	
N/A	
N/A	
N/A	

Agency Overall	
<1	
19.33	
<1	
387	
18	
19.29	
<1	
249	
<1	
<1	
<1	
<1	

C.  Processed Requests – Response Time in Day Increments

SIMPLE
DAYS	1-20 	21-40	41-60	61-80	81-100	101-120	121-140	141-160	161-180	181-200	201-300	301-400	401+	TOTAL	

USPS	
1191	
175
	
35
	
18
	
7
	
5
	
3
	
1
	
1
	
1	
44	
39
	
5
	
1525

JLSC	
 583	
  9	
 2	
 1	
0	
0	
0	
1
	
1	
0	
 0
	
 0	
0	
  597

Agency 
Overall	
1774	
184	
37	
19	
7
	
5	
3	
2	
2	
1	
44	
39	
5	
2122	

COMPLEX
DAYS	1-20 	21-40	41-60	61-80	81-100	101-120	121-140	141-160	161-180	181-200	201-300	301-400	401+	TOTAL	

USPS
	
175	
104	
24	
4	
6	
2	
2	
0	
2	
0	
2	
1	
1	
323	

JLSC
	
  1	
  1	
 0	
0	
0	
1	
1	
0	
0	
0
	
0	
0	
0	
  4	

Agency
Overall	
176	
105	
24	
4	
6	
3	
3	
0	
2	
0	
2	
1	
1	
327	

EXPEDITED

DAYS	1-20 	21-40	41-60	61-80	81-100	101-120	121-140	141-160	161-180	181-200	201-300	301-400	401+	TOTAL	

USPS
	
1	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
1	

JLSC	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0

Agency
Overall	
1	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
0	
1

D.	Pending Requests – All Pending Perfected Requests 

	SIMPLE	COMPLEX	EXPEDITED PROCESSING	
	Number Pending	Median #
Days 	Average # of Days	Number Pending	Median # of Days	Average # of Days	Number Pending	Median # of Days	Average # of Days	

USPS
	
41	
18	
43.44	
19	
12	
64.74	
1	
18	
18	

JLSC
	
34	
5	
 5.68	
 0	
 0	
 0	
0	
 0	
 0	

Agency
Overall	
75	
10	
25.99	
19
	
12	
64.74	
1	
18	
18	

E.  Pending Requests – Ten Oldest Pending Perfected Requests
	
	10th Oldest  Request/ Number of Days Pending	9th	8th	7th	6th	5th	4th	3rd	2nd	Oldest Request and Number of Days Pending	

USPS
	Date: 05/07/2009 

# of Days:   101	Date: 04/28/2009

# of Days:  108	Date: 04/06/2009

# of Days:  124	Date: 03/20/2009

# of Days: 135	Date: 03/18/2009

# of Days: 137	Date: 03/09/2009

# of Days: 144	Date: 02/09/2009

# of Days: 163	Date: 09/24/2008

# of Days: 255	Date: 01/10/2008

# of Days: 434	Date: 01/10/2008

# of Days: 434	

JLSC
	Date: 9/14/2009 

# of Days:   2	Date: 09/14/2009

# of Days:  3 	Date: 09/14/2009

# of Days:  5	Date: 9/11/2009

# of Days: 13	Date: 09/08/2009

# of Days:  4	Date: 09/04/2009

# of Days: 17	Date: 09/03/2009

# of Days: 18	Date: 09/01/2009

# of Days: 10	Date: 08/20/2009

# of Days: 18	Date: 08/14/2009

# of Days: 17	

Agency Overall	Date: 05/07/2009 

# of Days:   101	Date: 04/28/2009

# of Days:  108	Date: 04/06/2009

# of Days:  124	Date: 03/20/2009

# of Days: 135	Date: 03/18/2009

# of Days: 137	Date: 03/09/2009

# of Days: 144	Date: 02/09/2009

# of Days: 163	Date: 09/24/2008

# of Days: 255	Date: 01/10/2008

# of Days: 434	Date: 01/10/2008

# of Days: 434	

VIII.	Requests for Expedited Processing and Requests for Fee Waivers

A.  Requests for Expedited Processing

	Number Granted	Number Denied	Median Number of Days to Adjudicate	Average Number of Days to Adjudicate	Number of Adjudicated Within Ten Calendar Days	

USPS
	
1	
29	
0	
 .16	
30	

JLSC
	
0	
10	
0	
6.18	
10

Agency Overall
	
1	
39	
0	
1.74	
40	

B.  Requests for Fee Waiver

	Number Granted	Number Denied	Median Number of Days to Adjudicate	Average Number of Days to Adjudicate	

USPS
	
51	
12	
>1	
0.19	

JLSC
	
 5	
11	
>1	
0	

Agency Overall
	
56	
23	
>1	
0.15	

IX.	FOIA Personnel and Costs

A.	Personnel
B.	Costs

	PERSONNEL	COSTS	
	Number of “Full-Time FOIA Employees”	Number of “Equivalent Full-Time FOIA Employees”	Total Number of “Full-Time FOIA Staff”
	Processing Costs	Litigation Related Costs	Total Costs	

USPS
	
5	
37	
42	
$3,150,000	
$30,736
(USPS & Inspection Service)	
$3,180,736	

JLSC
	
6	
  0
	
  6	
$   467,769
	
(see above)	
$   467,769	

OIG (Appeals)
	
2	
   .15	
  2.15	
$   274,000	
$ 15,000	
$   289,000

Agency 
	
13	
37.15	
50.15	
$3,891,769	
$ 45,736
	
$3,937,505	

X.	Fees Collected For Processing Requests

	
Total Amount of Fees Collected	
Percentage of Total Costs	

USPS
	
$50,008	
1.57	

Agency Overall
	
$50,008	
1.27	

X.	FOIA Regulations

Electronic Link to FOIA Regulations:  http://www.usps.com/cpim/ftp/hand/as353/welcome.htm

Electronic Link to FOIA Fee Schedule:  http://www.usps.com/cpim/ftp/hand/as353/as353c4_034.htm

XI.	Backlogs, Consultations, and Comparisons

A.  Backlog of FOIA Requests and Administrative Appeals

	
Number of Backlogged Requests 
as of End of Fiscal Year
	
Number of Backlogged Appeals 
as of End of Fiscal Year

USPS
	
 75	
0	

JLSC
	
  34	
N/A	

OIG
	
N/A	
1	

Agency Overall
	
109	
1	

Explanation of Backlog:  

The number of backlogged requests for the USPS at the end of Fiscal Year 2009 decreased by more than 60% from Fiscal Year 2008, and the Agency Overall number of backlogged requests decreased by 48%.  While the number of requests received in Fiscal Year 2009 increased by approximately 30%, the USPS was able to reduce its backlog through the use of technology and by training its FOIA analysts and coordinators.    

B.  Consultations on FOIA Requests – Received, Processed, and Pending Consultation

	Number of Consultations Received from Other Agencies that Were Pending at Your Agency as of the Start of the Fiscal Year	Number of Consultations Received from Other Agencies During the Fiscal Year	Number of Consultations Received from Other Agencies that Were Processed by Your Agency During the Fiscal Year	Number of Consultations Received from Other Agencies that Were Pending at Your Agency at the End of the Fiscal Year	

USPS
	
0	
0	
0	
0	

JLSC
	
0	
0	
0	
0	

Agency Overall
	
0	
0	
0	
0	

C.	Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency

	10th Oldest  Consultation  and Number of Days Pending	9th	8th	7th	6th	5th	4th	3rd	2nd	Oldest Consultation and Number of Days Pending	

USPS	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days	

JLSC
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days

Agency Overall	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days
	Date

# of Days	

D.	
Comparison of Numbers of Requests from Previous and Current Annual Report – Requests Received, Processed – (Part 1)

NUMBER OF REQUESTS RECEIVED
	
NUMBER OF REQUESTS PROCESSED	
	
Number of Received During Fiscal Year 
from Last Year’s 
Annual Report
	
Number of Received During Fiscal Year 
from Current  
Annual Report
	
Number Processed During Fiscal Year 
from Last Year’s 
Annual Report
	
Number Processed During Fiscal Year 
from Current 
Annual Report

USPS
	
1301
 	
1723	
1186	
1849

JLSC
	
 307	
 623	
 314	
 601	

Agency Overall
	
1613
	
2346	
1500
	
2450	

D.  Comparison of Numbers of Requests from Previous and Current Annual Report – Backlogged (Part 2)

	
Number of Backlogged Requests 
as of End of Fiscal Year from 
Previous Annual Report
	
Number of Backlogged Requests  
as of End of Fiscal Year from 
Current Annual Report

USPS 
	
201	
75	

JLSC
	
12	
34	

Agency Overall
	
213	
109	

E.	Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeals Received, Processed – Part 1

NUMBER OF APPEALS RECEIVED
	
NUMBER OF APPEALS PROCESSED	
	Number of Received During Fiscal Year 
from Last Year’s 
Annual Report
	
Number of Received During Fiscal Year 
from Current  
Annual Report
	
Number Processed Received During Fiscal Year 
from Last Year’s 
Annual Report
	
Number Processed During Fiscal Year 
from Current 
Annual Report

USPS & Inspection Service
	
162
 	
152	
160        	
154	

OIG
	
23
	
21	
19	
25	

Agency Overall
	
185	
173	
179	
179	

E.  Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Backlogged (Part 2)

	
Number of Backlogged Appeals 
as of End of Fiscal Year from 
Previous Annual Report
	
Number of Backlogged Appeals  
as of End of Fiscal Year from 
Current Annual Report

USPS & Inspection Service
	
2	
0	

OIG
	
4	
1	

Agency Overall
	
6	
1	

F.	Discussion of FOIA Activities:  During Fiscal Year 2009, the USPS Records Office and Law Department continued to work with senior management and organizations throughout the Postal Service to underscore the importance of the Freedom of Information Act and of the agency’s responsibility to fully comply with its provisions.  In particular, they worked to educate newer members of postal management regarding the Postal Service’s obligations as to the FOIA.  Moreover, the USPS Law Department (FOIA appeals) and Office of the Inspector General (FOIA requests) took an important step in 2009 towards increasing the efficiency of our practice by beginning the transition to an automated processing system.