**FREEDOMS OF INFORMATION ACT ANNUAL REPORT FISCAL YEAR 2001**

**US GENERAL SERVICES ADMINISTRATION**

 

 

**I. Basic Information**

 

A. If you have questions about the report, or if you would like a paper
copy of it, please contact:

 

Daniel K. Cooper

Freedom of Information Act Officer

General Services Administration (CAI)

Washington, DC 20405

\(202\) 219-0273

 

**II. How to make a FOIA request**

 

A. The General Services Administration\'s (GSA\'s) instructions on
requesting information through FOIA, and the names, addresses and
telephone numbers of GSA regional FOIA contacts are available on the
World Wide Web at:

 

[GSA FOIA contacts, Central Office and
Regions](http://contacts.gsa.gov/Contacts.nsf/contactssearch?openagent&program=FOIA)

 

If you would like to access the GSA external regulations, they are
available at 41 CFR Part 105-60. To view them electronically, click on:

 

[GSA External FOIA Regulations on
GPO](http://www.access.gpo.gov/nara/cfr/waisidx_01/41cfr105-60_01.html)

 

B. GSA attempts to meet the response time requirements of the Freedom of
Information Act. However, some requests may be delayed if they involve
reviewing and redacting voluminous material and/or a requirement to
contact and consult with the submitter of the material.

 

C. GSA will release information in response to requests under the FOIA
unless an exemption applies and GSA has a compelling reason to invoke
the exemption. Even if the information falls clearly within an
exemption, GSA will disclose it unless the Government or some other
person would suffer harm if it is disclosed. Exemptions 2 through 7 may
apply to GSA records.

1\. [5 U.S.C. 552(b)(2): second statutory exemption]{.underline}.
Generally, Exemption 2 covers purely internal operational material, such
as procedures for processing promotions. Exemption 2 applies when the
disclosure of the information would lead to or risk circumvention of
statutes and agency regulations, such as when disclosing a job crediting
plan would allow candidates to tailor their applications in such a way
as to obtain unfair advantage in selections. This exemption may also be
applied to records or documents relating to building protection and
security.

2\. [5 U.S.C. 552(b)(3): third statutory exemption]{.underline}. The
primary Exemption 3 statute that applies to GSA records is Section
821(b) of the National Defense Authorization Act for Fiscal Year 1997,
Pub.L. 104-201 that amended the Federal Property and Administrative
Services Act of 1949. This statute provides that proposals in a
competitive procurement may not be disclosed under FOIA. The legislation
excepted the winning proposals set forth or incorporated by reference in
an awarded contract. The Procurement Integrity Act (41 U.S.C. 423 (a))
also prohibits the release of \"contractor bid or proposal information
or source selection information before the award of a Federal agency
procurement contract to which the information relates.\"

3\. [5 U.S.C. 552(b)(4); fourth statutory exemption]{.underline}. GSA
may withhold commercial or financial records submitted to the Government
by a person (e.g., a business), if release of the information would
involve a substantial risk of competitive injury to a business which
directly or indirectly furnished information to GSA or when release
would impair the Government\'s ability to obtain this information in the
future. Lease files are especially likely to contain information
protected from release under this exemption. Correspondence from
prospective lessors frequently reveals information regarding the manner
in which a prospective lessor operates or manages its building, which,
if released, could be commercially harmful to the lessor in subsequent
leasing actions for non-Government space within the building. Examples
of proprietary business information that may qualify for this exemption
include:

a\. Private business sales statistics.

b\. Technical designs.

c\. Research data.

d\. Non-Federal customer and supplier lists.

e\. Overhead and operating costs.

f\. Non-public financial statements.

g\. Resumes of company employees.

h\. Names of consultants and subcontractors.

i\. Details of production or quality control systems information.

j\. Internal operating procedures and staffing patterns.

4\. [5 U.S.C. 552(b)(5): fifth statutory exemption]{.underline}. Records
that may be withheld under the fifth statutory exemption include
predecisional agency memorandums that reflect and describe the agency\'s
decisionmaking process and predecisional documents generated by the
Government in the process leading up to the award of a contract.

a\. [Records that are part of GSA\'s decisionmaking
process]{.underline}. When screening records for documents that should
be withheld under the fifth statutory exemption, GSA will ask whether
the document is predecisional and whether it reflects the deliberative
process (makes recommendations or expresses opinions or advice).
Examples of typical predecisional, deliberative material are drafts and
internal memoranda expressing an opinion on a proposed policy or course
of action. Predecisional material can retain its exempt status even
after the final decision is made. GSA will disclose material of a purely
factual nature that can be reasonably extracted from exempt material
unless the factual material is exempt under some other criteria.

b\. [Records that are generated by the Government in the process leading
up to the award of a contract]{.underline}. GSA may withhold records
under the fifth statutory exemption if disclosure would cause commercial
harm to the Government; e.g., place the Government at a competitive
disadvantage in preaward negotiations. Examples include realty
appraisals generated by the Government in the course of soliciting
buyers for Government property and Government cost estimates. Some of
these documents may lose their exempt status after award if the
potential for commercial harm no longer exists. Other documents, such as
cost estimates, may continue to qualify for withholding if disclosure is
likely to harm a similar ongoing procurement action.

c\. [Records that contain other legally recognized
privileges]{.underline}. GSA may withhold records that are covered by
attorney-client privilege or that may be classified as attorney work
products.

5\. [5 U.S.C. 552(b)(6): sixth statutory exemption]{.underline}. GSA\'s
primary consideration in invoking the sixth statutory exemption under
FOIA is protecting the privacy of the person who is the subject of a
requested file. The public interest in disclosure must be balanced
against personal privacy interests that may be invaded by disclosing the
record. GSA will determine whether to release personal information under
this exemption or when applying the personal privacy exemption for law
enforcement records (5 U.S.C. 552(b)(7)(c)) by using a four-step
process:

a\. Is an identifiable personal privacy interest involved? If there is
none, this exemption does not apply.

b\. Is a public interest involved; e.g., would disclosure benefit the
general public in light of content and context of the information? If
there is no general public interest to be served by disclosure, the
personal information should be protected.

c\. Does the identified public interest qualify for consideration; e.g.,
is it an interest which would shed light on the agency\'s performance of
its statutory duties? If disclosure of requested information would not
serve this interest, the personal privacy interest should be protected.

d\. Where an identifiable personal privacy interest and qualifying
public interest are present, which is greater? If the privacy interest
is greater, the information should be withheld. If the public interest
is greater, this exemption does not apply.

6\. [5 U.S.C. 552(b)(7): seventh statutory exemption]{.underline}. The
seventh statutory exemption allows agencies to withhold law enforcement
records in order to protect the law enforcement process from
interference. In GSA this exemption is invoked primarily by the Federal
Protective Service and the Inspector General.

**III. Definitions of Terms and Acronyms Used in the Report**

 

**A. Agency-specific acronyms or other terms:** None**.**

 

**B. Basic terms:**

 

***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. (All requests
for access to records, regardless of which law is cited by the
requester, are included in this report.)

 

***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).

 

***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 (nonexpedited) track based on the
volume and/or complexity of records requested.

 

***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.

 

***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 of 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 a 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.** The primary Exemption 3 statute that
applies to GSA records is Section 821(b) of the National Defense
Authorization Act for Fiscal Year 1997, Pub.L. 104-201 that amended the
Federal Property and Administrative Services Act of 1949. This statute
provides that proposals in a competitive procurement may not be
disclosed under FOIA. The legislation excepted the winning proposals set
forth or incorporated by reference in an awarded contract. The
Procurement Integrity Act (41 U.S.C. 423 (a)) also prohibits the release
of \"contractor bid or proposal information or source selection
information before the award of a Federal agency procurement contract to
which the information relates.\"

 

**V. Initial FOIA/PA Access Requests.**

 

**A. Numbers of initial requests.**

 

 

1\. Number of requests pending as of end of preceding fiscal year:
[81]{.underline}

2\. Number of requests received during current fiscal year:
[1531]{.underline}

 

3\. Number of requests processed during current fiscal year:
[1519]{.underline}

 

4\. Number of requests pending as of end of current fiscal year:­­­
[93]{.underline}

 

**B. Disposition of initial requests.**

 

1\. Number of total grants: [1125]{.underline}

 

2\. Number of partial grants: [173]{.underline}

 

3\. Number of denials: [22]{.underline}

 

**a. Number of times each FOIA exemption used**

 

\(1\) Exemption 1: [0]{.underline}

 

\(2\) Exemption 2: [3]{.underline}

 

\(3\) Exemption 3: [14]{.underline}

 

\(4\) Exemption 4: [67]{.underline}

 

\(5\) Exemption 5: [41]{.underline}

 

\(6\) Exemption 6: [43]{.underline}

 

\(7\) Exemption 7(A): [9]{.underline}

 

\(8\) Exemption 7(B): [2]{.underline}

 

\(9\) Exemption 7(C): [5]{.underline}

 

\(10\) Exemption 7(D): [2]{.underline}

 

\(11\) Exemption 7(E): [2]{.underline}

 

\(12\) Exemption 7(F): [5]{.underline}

 

\(13\) Exemption 8: [0]{.underline}

 

\(14\) Exemption 9: [0]{.underline}

 

4\. Other reasons for nondisclosure (total): [199]{.underline}

 

a\. no records: [38]{.underline}

 

b\. referrals: [46]{.underline}

 

c\. request withdrawn: [59]{.underline}

 

d\. fee-related reason: [19]{.underline}

 

e\. records not reasonably described: [7]{.underline}

 

f\. not a proper FOIA request for some other reason: [8]{.underline}

 

g\. not an agency record: [14]{.underline}

 

h\. duplicate request: [8]{.underline}

 

i\. other (specify): [0]{.underline} (responded orally)

 

**VI. Appeals of Initial Denials of FOIA/PA Requests**

 

**A**. **Numbers of appeals**.

1\. Number of appeals received during fiscal year:­­­­­ [9]{.underline}

 

2\. Number of appeals processed during fiscal year: [8]{.underline}

 

 

**B**. **Disposition of appeals.**

 

1\. Number completely upheld: [7]{.underline}

 

2\. Number partially reversed: [1]{.underline}

 

3\. Number completely reversed: [0]{.underline}

 

a\. Number of times each FOIA exemption used (counting each exemption
once per appeal):

 

\(1\) Exemption 1: [0]{.underline}

 

\(2\) Exemption 2: [1]{.underline}

 

\(3\) Exemption 3: [0]{.underline}

 

\(4\) Exemption 4: [1]{.underline}

 

\(5\) Exemption 5: [3]{.underline}

 

\(6\) Exemption 6: [3]{.underline}

 

\(7\) Exemption 7(A): [0]{.underline}

 

\(8\) Exemption 7(B): [0]{.underline}

 

\(9\) Exemption 7(C): [0]{.underline}

 

\(10\) Exemption 7(D): [0]{.underline}

 

\(11\) Exemption 7(E): [0]{.underline}

 

\(12\) Exemption 7(F): [0]{.underline}

 

\(13\) Exemption 8: [0]{.underline}

 

\(14\) Exemption 9: [0]{.underline}

 

 

4\. Other reasons for nondisclosure (total): [1]{.underline}

 

a\. no records: [1]{.underline}

 

b\. referrals: [0]{.underline}

 

c\. request withdrawn: [0]{.underline}

 

d\. fee-related reason: [0]{.underline}

 

e\. records not reasonably described: [0]{.underline}

 

f\. not a proper FOIA request for some other reason: [0]{.underline}

 

g\. not an agency record: [0]{.underline}

 

h\. duplicate request: [0]{.underline}

 

i\. other (specify): [0]{.underline}

 

 

**VII. Compliance with Time Limits/Status of Pending Requests**

 

##  A. Median processing time (in working days) for requests

**processed during the year:**

 

1.      GSA only processes requests on one track. No requests for
expedited processing were received.

 

Number of requests processed: [1519]{.underline}

 

Number of days to process: [14]{.underline}

 

**B. Status of pending requests.**

 

1\. Number of requests pending as of end of current fiscal year:
[93]{.underline}

 

2\. Median number of working days that such requests were pending

as of that date: [25]{.underline}

 

**IX. Costs/FOIA Staffing**

 

**A. Staffing levels.**

 

1\. Number of full-time FOIA personnel: [6]{.underline}

 

2.      Number of personnel with part-time or occasional

FOIA duties (in total work-years): [8]{.underline}\*

3\. Total number of personnel (in work-years): [14]{.underline}\*

 

**B. Total costs (including staff and all resources).\***

1.      FOIA processing (including appeals): [\$800,000]{.underline}

2\. Litigation-related activities (estimated): [30,000]{.underline}

 

3\. Total costs: [\$830,000]{.underline}

 

 

**X. Fees**

 

 

A. Total amount of fees collected by agency for processing requests:
[\$32,552]{.underline}

 

B. Percentage of total costs: [4%]{.underline}\*

 

 

**XI.              ** **GSA\'s External FOIA regulation is available
at:**

 

[GSA External FOIA Regulations on
GPO](http://www.access.gpo.gov/nara/cfr/waisidx_01/41cfr105-60_01.html)

 

 

**\***These figures do not adequately portray GSA\'s work year
investment in FOIA activities. GSA\'s FOIA program is very
decentralized; the agency relies on the program officials who maintain
the records to respond to requests for them. Therefore, in one sense,
every GSA employee may be responsible for FOIA related work at some
time.