Note: FOIA Annual Report 2000 is available in DOC or PDF format.
January 2003
U.S. DEPARTMENT OF AGRICULTURE
Freedom of Information Act Annual Report FY 2002
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:
A paper copy of the report may be obtained by
requesting it. For additional
information, contact:
Andrea E. Fowler
Freedom of Information Act Officer
Departmental Administration
U.S. Department of Agriculture
Rm. 342 Whitten Bldg.
Washington, DC 20250
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 . 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. A list of USDA agency
employees responsible for handling FOIA requests can be found at http://www.usda.gov/news/foia/contacts.htm
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
|
Statute/Rule |
Type of
Information Withheld |
Case
Citation |
|
7 U.S.C. § 201(c) |
Store records for food stamp applications |
None |
|
7 U.S.C. § 373 [1373](a) |
Tobacco & peanut production information |
None |
|
7 U.S.C. § 2018(c) |
Electronic Benefit Transactions |
None |
|
7 U.S.C. § 2020(e)(8) |
Names, addresses, phone numbers of food
stamp recipients |
None |
|
7 U.S.C. § 2131 et seq. |
Report on administration and enforcement
activities. |
None |
|
7 U.S.C. § 4601-4612 |
Honey Research, Promotion, and Consumer
Information |
None |
|
7 U.S.C. § 4901-4916 |
Watermelon Research and Promotion
Information |
None |
|
16 U.S.C. § 470hh |
Archaeological site maps, cultural resource
survey maps |
None |
|
16 U.S.C. § 470w-3 |
Nature & location of historic resources |
None |
|
18 U.S.C. § 504 |
Copies of Food Stamps |
None |
|
26 U.S.C. § 6103(a) |
Tax Identification Number |
Church of Scientology v. IRS, 484 U.S. 9
(1987) |
|
35 U.S.C. § 209 |
Patent License Information |
None |
|
41 U.S.C. § 253(b)(m) |
Unsuccessful contract bid proposals |
None |
|
F.R.Cr.P. 6(e) |
Grand jury information |
Iglesias v. CIA, 525 F. Supp. 547, 556 (D.C. Cir. 1987) |
V. INITIAL FOIA/PA ACCESS REQUESTS.
A. NUMBERS OF INITIAL REQUESTS.
|
|
NUMBER OF REQUESTS |
NUMBER OF REQUESTS |
NUMBER OF REQUESTS |
NUMBER OF REQUESTS |
|
|
||||
|
AMS |
4 |
165 |
155 |
14 |
|
APHIS |
874 |
714 |
697 |
891 |
|
DA |
30 |
43 |
31 |
42 |
|
FAS |
4 |
37 |
37 |
4 |
|
FNCS |
4 |
131 |
133 |
2 |
|
FSA |
133 |
69321 |
69263 |
191 |
|
FS |
470 |
4465 |
4470 |
465 |
|
FSIS |
124 |
461 |
337 |
248 |
|
GIPSA |
11 |
72 |
79 |
4 |
|
NAD |
3 |
54 |
56 |
1 |
|
NRCS |
3 |
246 |
244 |
5 |
|
OBPA |
0 |
8 |
8 |
0 |
|
OC |
17 |
332 |
312 |
37 |
|
OCFO |
0 |
26 |
23 |
3 |
|
OCIO |
0 |
3 |
3 |
0 |
|
OCR |
0 |
22 |
10 |
12 |
|
OGC |
7 |
21 |
25 |
3 |
|
OIG |
59 |
326 |
333 |
52 |
|
REE |
15 |
177 |
182 |
10 |
|
RMA |
0 |
78 |
77 |
1 |
|
RD |
23 |
1591 |
1587 |
27 |
|
|
||||
|
TOTALS |
1781** |
78293 |
78062 |
2012 |
** Several USDA agencies installed automated tracking systems in FY 2002, and because of more accurate information, the total number of pending requests from FY 2001 has been updated.
B. DISPOSITION OF INITIAL REQUESTS.
|
|
NUMBER |
NUMBER |
NUMBER |
NO |
REFERRALS |
REQUEST |
FEE- |
RECORDS |
NOT A |
NOT AN |
DUPLICATE |
OTHER |
|
|
||||||||||||
|
AMS |
47 |
51 |
17 |
26 |
2 |
5 |
2 |
1 |
1 |
1 |
1 |
1 |
|
APHIS |
101 |
233 |
37 |
84 |
153 |
52 |
0 |
0 |
0 |
0 |
0 |
37 |
|
DA |
13 |
5 |
1 |
6 |
4 |
0 |
1 |
0 |
0 |
1 |
0 |
0 |
|
FAS |
21 |
6 |
0 |
6 |
2 |
1 |
1 |
0 |
0 |
0 |
0 |
0 |
|
FNCS |
65 |
21 |
28 |
7 |
6 |
3 |
1 |
2 |
0 |
0 |
0 |
0 |
|
FSA |
66047 |
765 |
1249 |
786 |
62 |
62 |
24 |
26 |
27 |
22 |
24 |
106 |
|
FS |
2765 |
774 |
503 |
173 |
20 |
72 |
55 |
17 |
20 |
4 |
12 |
55 |
|
FSIS |
145 |
88 |
26 |
44 |
15 |
5 |
2 |
5 |
5 |
3 |
6 |
3 |
|
GIPSA |
30 |
29 |
1 |
10 |
0 |
1 |
6 |
0 |
2 |
0 |
0 |
0 |
|
NAD |
18 |
6 |
32 |
29 |
0 |
0 |
0 |
1 |
0 |
0 |
2 |
0 |
|
NRCS |
161 |
32 |
25 |
19 |
9 |
3 |
3 |
3 |
0 |
3 |
1 |
5 |
|
OBPA |
8 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
OC |
0 |
60 |
0 |
3 |
249 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
OCFO |
7 |
1 |
2 |
6 |
5 |
1 |
0 |
0 |
0 |
0 |
0 |
1 |
|
OCIO |
2 |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
OCR |
3 |
1 |
6 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
|
OGC |
8 |
5 |
3 |
6 |
1 |
2 |
0 |
0 |
0 |
0 |
0 |
0 |
|
OIG |
93 |
95 |
25 |
31 |
27 |
9 |
10 |
1 |
9 |
2 |
8 |
23 |
|
REE |
57 |
75 |
4 |
24 |
10 |
6 |
3 |
1 |
0 |
0 |
1 |
1 |
|
RMA |
18 |
22 |
6 |
10 |
8 |
7 |
0 |
0 |
0 |
1 |
0 |
5 |
|
RD |
1356 |
70 |
100 |
13 |
7 |
18 |
13 |
3 |
7 |
0 |
0 |
0 |
|
TOTALS |
70965 |
2339 |
2065 |
1284 |
580 |
247 |
121 |
60 |
71 |
37 |
55 |
238 |
B.
DISPOSITION OF INITIAL REQUESTS (Continued)
EXPLANATION OF DISPOSITION OF FOIA/PA INITIAL REQUESTS:
OTHER REASONS FOR NONDISCLOSURE
(COLUMN MARKED "OTHER")
|
Component |
Number of Times |
Reason(s) |
|
AMS |
1 |
Memorandum of
Understanding |
|
APHIS |
37 |
Court Order Doe
#1et al. v. Veneman et al. |
|
DA |
0 |
|
|
FAS |
0 |
|
|
FNCS |
0 |
|
|
FSA |
106 |
Transferred to
field offices Duplicates Failure to comply
with requirements |
|
FS |
55 |
Glomar Nonresponse to clarification
request Unable to contact
requester |
|
FSIS |
3 |
Too voluminous |
|
GIPSA |
0 |
|
|
NAD |
0 |
|
|
NRCS |
5 |
Failure to comply
with requirements |
|
OBPA |
0 |
|
|
OC |
0 |
|
|
OCFO |
1 |
Waiver
justification not approved |
|
OCIO |
0 |
|
|
OCR |
1 |
No notary |
|
OGC |
0 |
|
|
OIG |
26 |
No authorization
letter Requesters
referred to Website |
|
REE |
1 |
Requester owed
money to other federal agency |
|
RMA |
0 |
|
|
RD |
0 |
|
B. DISPOSITION OF INITIAL REQUESTS
(Continued)
EXEMPTIONS
CLAIMED UNDER THE FREEDOM OF INFORMATION ACT
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7)(A) |
(7)(B) |
(7)(C) |
(7)(D) |
(7)(E) |
(7)(F) |
(8) |
(9) |
|
|
||||||||||||||
|
AMS |
0 |
0 |
2 |
29 |
11 |
37 |
9 |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
|
APHIS |
0 |
12 |
2 |
100 |
56 |
172 |
16 |
0 |
27 |
11 | ||||