February 2000
Freedom of Information Act Annual Report FY 1999
I. Basic Information Regarding Report
Responsibility for preparing the U.S. Department of
Agriculture's Freedom of Information Act Annual Report for fiscal
year 1998 rests with USDA's Office of Communications. The report can
be accessed from the World Wide Web at:
http://www.usda.gov/news/foia/main.htm
A paper copy of the report may be obtained by requesting it. For
additional information, contact:
Andrea E. Fowler
Freedom of Information Act Officer
Office of Communications
U.S. Department of Agriculture
Rm. 536-A Whitten Bldg., Ag Stop 1310
Washington, DC 20250-1310
andrea.fowler2@usda.gov
Tel. (202) 720-8164
Fax. (202) 720-7808
II. How to Make a FOIA Request
Anyone may request USDA records under the FOIA by letter, fax or
e-mail. A requester who sends USDA a FOIA request that is
understandable and specific about the time frame of the records
sought and who has addressed the request to the USDA agency with
responsibility for the records has the greatest likelihood of
receiving a response within 20 working days of the agency's receipt
of the request. Any request that fails to identify the records
sought or is sent to the wrong agency must be clarified before an
agency can begin a search; in such case, USDA will try to contact the
requester for additional information.
The url (universal resource locater) for the U.S. Department of
Agriculture's home page is http://www.usda.gov. All USDA agencies
are linked to the USDA home page. A significant portion of USDA
records are maintained in agency files and are described on agency
web pages, which are linked to the USDA home page. Potential
requesters may want to review agency web pages in order to identify
the USDA agency likely to have possession of the records sought.
USDA employs a number of Freedom of Information Act specialists
who make every effort to comply with the requirements of the Freedom
of Information Act as amended. The following is a list of USDA
agency employees responsible for handling FOIA requests.
AGRICULTURAL MARKETING SERVICE
Sharon L. Kerr
FOIA/PA Officer
Rm 3510-S
P. O. Box 96456
Washington, DC 20090-6456
SharonL.Kerr@usda.gov
Tel. (202) 720-2498
Backup Tel. 720-3203
Fax. (202) 690-3767
ANIMAL & PLANT HEALTH INSPECTION SERVICE
Kim Pacheco
FOIA Officer
4700 River Road, Unit 50
Riverdale, MD 20737-1232
Kimberly.j.pacheco@usda.gov
foia-officer@aphis.usda.gov
foia.aphis.usda.gov
Tel. (301) 734-4893
Backup Tel. (301) 734-8296
Fax. (301) 734-5941
DEPARTMENTAL ADMINISTRATION
Evelyn M. Davis
FOIA/PA Officer
Rm. 43-W Whitten Bldg.
Washington, DC 20250
Evelyn_M.Davis@usda.gov
Tel. (202) 720-7765
Fax. (202) 690-4728
Backup Fax. (202) 720-0064
FARM SERVICE AGENCY
Diane Korwin
FOIA/PA Officer
Rm. 3623-S, Ag Stop 0506
Washington, DC 20250-0506
diane_korwin@wdc.fsa.usda.gov
Tel. (202) 720-5534
Fax. (202)-690-2828
Dawn Karl
FOIA/PA Assistant
dawn_karl@wdc.fsa.usda.gov
Tel. (202) 720-6788
Amy Jones (Appeals)
Paralegal Specialist
Appeals & Litigation Staff
Rm. 6728-S, Ag Stop 0570
Washington, DC 20250-0570
amy_jones@wdc.fsa.usda.gov
Tel. (202) 720-7757
Fax. (202) 690-0218
FOOD, NUTRITION & CONSUMER SERVICES
Sara Bradshaw
FOIA/PA Officer
3101 Park Center Dr., Rm. 308
Alexandria, VA 22302-1500
sara_bradshaw@fns.usda.gov
Tel. (703) 305-2246
Backup Tel. (703) 305-2264
Fax. (703) 305-2921
Backup Fax. (703) 305-1092
FOOD SAFETY & INSPECTION SERVICE
Cheryl Hicks
FOIA/PA Officer
Rm. 3130-S
Washington, DC 20250
cheryl.hicks@usda.gov
Tel. (202) 690-3881
Fax. (202) 690-3023
Dorothy Woodland
Tel. (202) 720-2109
FOREIGN AGRICULTURAL SERVICE
Don Washington
FOIA Officer
Ag Stop 1004
Washington, DC 20250-1004
washington@fas.usda.gov
Tel. (202) 720-3101
Fax. (202) 720-3229
FOREST SERVICE
VACANT
FOIA/PA Officer
RPE-Rm 1012
P. O. Box 96090
Washington, DC 20090-6090
Kathy.Oelke/wo@fs.fed.us
Tel. (703) 605-4913
Backup Tel. (703) 605-4912
Fax. (703) 605-5104
GRAIN INSPECTION, PACKERS & STOCKYARDS ADMINISTRATION
Bruce Boor
FOIA/PA Officer
Rm. 3406, Ag Stop 3641
Washington, DC 20250-3641
Bruce_M.Boor@usda.gov
Tel. (202) 690-3842
Fax. (202) 205-3941
NATIONAL APPEALS DIVISION
Larry Shrum
FOIA/PA Officer
3101 Park Center Dr., Rm. 1113
Alexandria, VA 22302
lshrum@usda.gov
Tel. (703) 305-1164
Fax. (703) 305-2108
NATIONAL FINANCE CENTER
Anita Smith
FOIA/PA Officer
P. O. Box 60,000
New Orleans, LA 70160
Tel. (504) 255-5676
Fax. (504) 255-4611
NATURAL RESOURCES CONSERVATION SERVICE
Wilda Grant
FOIA Officer
P. O. Box 2890
Washington, DC 20013
wilda.grant@usda.gov
Tel. (720) 941-0130
Fax. (303) 316-9460
OFFICE OF BUDGET & PROGRAM ANALYSIS
Jacquelyn Chandler
FOIA/PA Officer
Rm. 118-E Whitten Bldg.
Washington, DC 20250
jyc@obpa.usda.gov
Tel. (202) 720-1272
Fax. (202) 690-3673
OFFICE OF THE CHIEF FINANCIAL OFFICER
Gary Barber
FOIA/PA Officer
Ken Kessler
Management Analyst
Rm. 4094-S
Washington, DC 20250
Tel. (202) 720-1179
Fax. (202) 690-2568
OFFICE OF THE CHIEF INFORMATION OFFICER
Howard Baker
FOIA/PA Officer
Room 404-W Whitten Bldg.
Washington, DC 20250
howard.baker@usda.gov
Tel. (202) 720-8657
Fax. (202) 205-2831
OFFICE OF CIVIL RIGHTS
Farook Sait
FOIA/PA Officer
Rm. 334-W Whitten Bldg.
Washington, DC 20250
Tel. (202) 720-7569
Fax. (202) 205-2891
OFFICE OF GENERAL COUNSEL
Kenneth E. Cohen
Assistant General Counsel/FOIA Officer
General Law Division
Rm. 1547-S, Ag Stop 1415
Washington, DC 20250-1415
kenneth.cohen@usda.gov
Tel. (202) 720-5565
Fax. (202) 720-5837
OFFICE OF THE INSPECTOR GENERAL
Carol Martin
FOIA/PA Officer
Rm. 29-E Whitten Bldg.
Washington, DC 20250
cjmartin@oig.usda.gov
Tel. (202) 720-5242
Fax. (202) 690-6305
RURAL DEVELOPMENT
Dorothy Hinden
FOIA/PA Officer
Rm. 0361-A South Bldg.
Washington, DC 20250-0742
Tel. (202) 692-0031
Backup Tel. (202) 692-0009
Fax. (202) 692-0013
Backup Fax. (202) 692-0034
RESEARCH, EDUCATION & ECONOMICS
Valerie Herberger
Management Analyst/FOIA Officer
5601 Sunnyside Ave., Ag Stop 5128
Beltsville, MD 20705-5128
vherberg@asrr.arsusda.gov
Tel. (301) 504-1640
Fax. (301) 504-1648
Stasia Hutchison
Public Affairs Specialist
hutchisn@asrr.arsusda.gov
Tel. (301) 504-1655
RISK MANAGEMENT AGENCY
Donna Bassett
FOIA/PA Specialist
Rm 6606-S, Ag Stop 0807
Washington, DC 20250-0807
donna_bassett@wdc.fsa.usda.gov
Tel. (202) 690-5701
Fax. (202) 690-5890
USDA - OFFICE OF COMMUNICATIONS
Andrea E. Fowler
FOIA/PA Officer
Rm. 536-A Whitten Bldg., Ag Stop 1310
Washington, DC 20250-1310
andrea.fowler2@usda.gov
Tel. (202) 720-8164
Fax. (202) 720-7808
III. Definitions of Terms and Acronyms Used in the Report
A. Agency-specific acronyms are as follows:
AMS - Agricultural Marketing Service;
APHIS - Animal and Plant Health Inspection Service;
CCC - Commodity Credit Corporation;
DA - Departmental Administration;
FAS - Foreign Agricultural Service;
FNCS - Food, Nutrition and Consumer Service;
FSA - Farm Service Agency;
FSIS - Food Safety and Inspection Service;
FS - Forest Service;
GIPSA - Grain Inspection, Packers and Stockyards Administration;
NAD - National Appeals Division;
NFC - National Finance Center;
NRCS - Natural Resources Conservation Service;
OBPA - Office of Budget and Program Analysis;
OC - Office of Communications;
OCFO - Office of the Chief Financial Officer;
OCIO - Office of the Chief Information Officer;
OCR - Office of Civil Rights;
OGC - Office of General Counsel;
OIG - Office of the Inspector General;
RD - Rural Development;
REE - Research, Education and Economics; and
RMA - Risk Management Agency
B. Basic terms are as follows:
FOIA/PA request - a 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. Requests filed under either law are treated as FOIA requests
and are processed as expeditiously as possible.
Initial request - a request to a Federal agency for access
to records under the Freedom of Information Act.
Appeal - a request to a Federal agency asking that it
review at a higher level of administrative authority any full or
partial denial of access to records under the Freedom of Information
Act or Privacy Act or any other FOIA determination, such as a
proposed fee for access to records.
Processed request - a request or appeal for which an agency
has made its final determination or taken its final action.
Multi-track processing - a system in which simple requests
requiring relatively minimal review are placed in one processing
track and more voluminous, 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.
Expedited processing - an agency will process a FOIA
request on an expedited basis when the requester has shown a
compelling need for a specific record. A compelling need is a threat
to life or physical safety for an individual or, in the case of the
media, urgency to inform the public concerning actual or alleged
Federal Government activity.
Simple request - a FOIA request that an agency using
multi-track processing places in its fastest, nonexpedited track
based on the volume and/or simplicity of records requested.
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.
Grant - an agency decision to disclose all records in full
in response to a FOIA request.
Partial grant - an agency decision to disclose part of a
record 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 entirety but withhold
others in whole or in part.
Denial - an agency decision not to release 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 or because of a procedural
reason, such as no record was located.
Time limits - the time period authorized in the FOIA for an
agency to respond to a FOIA request is 20 working days from proper
receipt of a "perfected" FOIA request.
"Perfected" request - a FOIA request for records which
adequately describes the records sought, which has been received by
the FOIA office of the agency component in possession of the records,
and for which there is no remaining question about the payment of
applicable fees.
Exemption 3 statute - a separate Federal statute
prohibiting the disclosure of certain types of records and
authorizing their withholding under FOIA subsection (b)(3).
Median number - the middle, not average, number. For
example, of 3, 7 and 14, the median number is 7.
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
During fiscal year 1999 USDA agencies denied the disclosure of
records under certain authorities, including:
- Privacy Act of 1974
- Food, Agriculture, Conservation, and Trade Act of 1990
- Section 602, Agricultural Act of 1978
- Archeological Resources Protection Act of 1976
- National Historic Preservation Act of 1966
- Public Law 104-201, Section 821
- 7 U.S.C. 4908, Watermelon Research and Promotion Act
- 7 U.S.C. 4601-4612, Honey Research, Promotion, and Consumer
Information Act
- 7 U.S.C. 2279b, Operation of Graduate School of Department of
Agriculture as Non-appropriated Fund Instrumentality.
- 41 U.S.C. 253b(m), The National Defense Authorization Act
for FY 1997
- AMA Act of 1937 U.S.C. Section 608 (d)(2) (AMS)
- The Agricultural Adjustment Act of 1938 (FSA)
- 35 U.S.C. 205 and 209; 7 U.S.C. 2276 (REE)
- Rule 6(e), Federal Rules of Criminal Procedure - Grand Jury
material
No court rulings were issued with respect to USDA's denials of
disclosure under these laws in fiscal year 1999.
V. Initial FOIA/PA Requests
A. Number of Initial Requests
1. Number of requests pending at end of FY 98: 1,332
2. Number of requests received during FY 99: 80,574
3. Number of requests processed during FY 99: 80,002
4. Number of requests pending at end of FY 99: 1,879
B. Disposition of Initial Requests
1. Number of total grants: 75,348
2. Number of partial grants: 1,909
3. Number of denials: 1,524
FOIA exemption used:
Exemption 1: 3
Exemption 2: 60
Exemption 3: 345
Exemption 4: 342
Exemption 5: 245
Exemption 6: 1,207
Exemption 7(A): 121
Exemption 7(B): 6
Exemption 7(C): 290
Exemption 7(D): 83
Exemption 7(E): 6
Exemption 7(F): 5
Exemption 8: 0
Exemption 9: 14
4. Other reasons for nondisclosure:
No records: 1,004
Referred elsewhere: 625
Request withdrawn: 218
Fee-related reason: 81
Records not reasonably described: 58
Not a proper FOIA request for some reason: 39
Not an agency record: 87
Duplicate request: 18
Other (specify): 57
Some requests were withheld using the glomarization
procedures. Some requesters failed to clarify their requests or
respond to agency questions. Some requesters were notified of fees
and did not reply or were not willing to pay fees. Some requesters
canceled requests. Unable to get requester's address. Requesters no
longer needed records. Judge granted an injunction to prevent
release of records.
VI. Appeals of Initial Denials
A. Number of Appeals
1. Number of appeals received during FY 99: 289
2. Number of appeals processed during FY 99: 207
B. Disposition of Appeals
1. Number completely upheld: 93
2. Number partially reversed: 47
3. Number completely reversed: 41
FOIA exemption used:
Exemption 1: 0
Exemption 2: 1
Exemption 3: 7
Exemption 4: 11
Exemption 5: 10
Exemption 6: 66
Exemption 7(A): 16
Exemption 7(B): 0
Exemption 7(C): 32
Exemption 7(D): 13
Exemption 7(E): 6
Exemption 7(F): 0
Exemption 8: 0
Exemption 9: 0
4. Other reasons for nondisclosure:
No records: 27
Referred elsewhere: 6
Request withdrawn: 17
Fee-related reason: 1
Records not reasonably described: 0
Not a proper FOIA request for some reason: 0
Not an agency record: 1
Duplicate request: 2
Other (specify): 6
VII. Compliance with Time Limits/Status of Pending Requests
A. Median Processing Time for Requests
1. Simple requests
a. Number of requests processed: 5,515
b. Median number of days to process: 11 days
2. Complex requests
a. Number of requests processed: 72,825
b. Median number of days to process: 20 days
3. Requests accorded expedited processing
a. Number of requests processed: 41
b. Median number of days to process: 7 days
Records retrieved from a Federal Records Center take
several weeks to obtain. Requests that require a notice to
submitters of information, allowing them time to comment on the
release of responsive records, and USDA's acknowledgment of comments
may take several weeks to process. Requests that require an advance
payment of fees before processing also take additional time.
B. Status of Pending Requests
1. Number of requests pending at end of FY 99: 1,884
2. Median number of days requests were pending at end
of FY 99: 22 days
VIII. Comparisons With Previous Years
Improve timeliness.
Agency FOIA requests are faxed and e-mailed to component
units to speed up processing time. One agency has plans to update
their current automated tracking system. Another agency has
established a process for timely copying of all case files.
Audit reports anticipated to have great public interest are
placed on the Internet so that requesters can quickly have access to
them. Executive summaries for audit reports completed each month are
automatically sent to interested Members of Congress and the press.
One agency headquarters staff has hired an additional full-time staff
member to assist in processing FOIA requests. Agencies are providing
public information and frequently requested information through FOIA
websites.
Agency regional office staff are improving communications
with their field units by providing a FOIA/PA advice line and an
updated FOIA Deskguide. Agencies updated their internal employee
FOIA guidelines and instructions to the public on how to make FOIA
requests. Internal directives stressed the importance of timely
responses, and negative consequences were specified as reminders to
staff.
Reduce backlog.
One agency recruited several program specialists from State
and County Offices on a temporary basis to assist with processing
backlogged FOIA appeals. Another agency established procedures for
quick location of case files, fast processing to copy files and to
centrally locate files. Several agencies used detailers and stay-in
school employees to assist in processing requests. Another agency
assigned one person to respond to FOIA requests within each State
Office.
Some agencies have established multiple tracking systems,
permitting simple requests to be answered quickly and complex
requests to be placed in a queue and answered in order of receipt.
Provide training.
The FOIA staffs of most USDA agencies attended either the
Department of Justice course, "Freedom of Information Act for
Attorneys and Access Professionals" in fiscal year 1999, or the FOIA
training sponsored by the USDA Graduate School, or the training
sponsored by the American Society for Access Professionals. A
majority of USDA agencies conducted on-the-job training for agency
personnel on processing FOIA requests.
Many agencies provided field locations with copies of the
Freedom of Information Act Guide & Privacy Act Overview and the
Department of Justice quarterly FOIA Updates to use as reference
material. Field units have added employees with part-time FOIA
responsibility. Regional FOIA Offices have scheduled monthly FOIA
Conference calls as a training tool.
The Farm Services Agency coordinated with Department of
Justice and the USDA Office of General Counsel and provided three
days of FOIA/PA training to over 100 staff members. The Forest
Service has an annual FOIA/PA Conference that is open to all
headquarters and field personnel involved in processing FOIA
requests.
Add new categories of records.
The establishment of agency web pages expanded the
categories of records available to the public. Lists of record
systems also were updated.
IX. Costs/FOIA Staffing
A. Staffing Levels
1. Number of full-time FOIA personnel: 58.00
2. Number of personnel with part-time or occasional
FOIA duties (in work-years): 2,704
3. Total number of personnel (Work-years): 262.8
B. Total Costs
1. FOIA processing: $6,626,448
2. Litigation-related activities (estimated): $313,138
3. Total costs: 6,939,586
C. Statement of Additional Resources Needed
Most agencies expressed the need for more professional
staffing, more clerical assistance, and more money to pay for
training, national meetings, and to upgrade automated record
processing. Several agencies expressed the need for more advanced
tracking and document imaging systems.
X. Fees
A. Total fees collected for search, review, duplication
and other direct costs permitted by agency regulations: $132,718
B. Most USDA agencies collected fees that amounted to
less than ten percent of total costs. Exceptions were: Research,
Education and Economics, 54 percent; Food and Nutrition Service, 38
percent; Food Safety and Inspection Service, 12 percent.
XI. FOIA Regulations
USDA's draft regulations implementing the Electronic Freedom of
Information Act Amendments of 1996 were published in the Federal
Register May 4, 1998, and are available on the World Wide Web at:
http://www.usda.gov/News&Information;/FOIA Information/USDA
FOIA Regulations
Final regulations are pending. USDA's current fee schedule was
published in the Federal Register December 31, 1987.
USDA's home page is located at http://www.usda.gov. The web
sites of USDA agencies are linked to this home page, and each
agency's web site contains explanatory information about FOIA
processing.