February 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:
Carolyn Harris
Freedom of Information Act and Privacy Act Officer
Office of Communications
U.S. Department of Agriculture
Rm. 536-A Whitten Bldg., Ag Stop 1310
Washington, DC 20250-1310
carolyn.harris@usda.gov
Tel. (202) 720-8164
Fax. (202) 690-1131
Backup 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
Michael Marquis
Assistant Director/FOIA Officer
4700 River Road, Unit 50
Riverdale, MD 20737-1232
mmarquis@aphis.usda.gov
foia-officer@aphis.usda.gov
foia.aphis.usda.gov
Tel. (301) 734-5267
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
Bonnie Hart
FOIA/PA Officer
Dawn Kral
FOIA/PA Assistant
Rm. 3620-S, Ag Stop 0506
Washington, DC 20250-0506
dawn_kral@wdc.fsa.usda.gov
Tel. (202) 720-5875
Fax. (202)-690-2828
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
Sheri Ackerman
FOIA/PA Officer
3101 Park Center Dr., Rm. 308
Alexandria, VA 22302-1500
sheri_ackerman@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
Sally Klusaritz
FOIA Officer
Ag Stop 1004
Washington, DC 20250-1004
klusaritz@fas.usda.gov
Tel. (202) 690-4064
Fax. (202) 720-1727
FOREST SERVICE
Naomi Charboneau
FOIA/PA Officer
RPE-Rm 1012
P. O. Box 96090
Washington, DC 20090-6090
Naomi.Charboneau/wo@fs.fed.us
Tel. (703) 605-4910
Backup Tel. (703) 605-4927
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. (301) 504-2168
Backup Tel. (804) 364-1405
Fax. (301) 504-2161
Backup Fax. (804) 364-2685 (M,W,F)
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. 2321-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 Stop5128
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_basset@wdc.fsa.usda.gov
Tel. (202) 690-5701
Fax. (202) 690-5890
USDA - OFFICE OF COMMUNICATIONS
Carolyn Harris
FOIA/PA Officer
Rm. 536-A Whitten Bldg., Ag Stop 1310
Washington, DC 20250-1310
carolyn.harris@usda.gov
Tel. (202) 720-8164
Fax. (202) 690-1131
Backup 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 1998 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 4901-4916, 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
Nonappropriated Fund Instrumentality.
No court rulings were issued with respect to USDA's denials of disclosure under these
laws in fiscal year 1998.
V. Initial FOIA/PA Requests
A. Number of Initial Requests
1. Number of requests pending at end of FY 97: 1,118
2. Number of requests received during FY 98: 88,592
3. Number of requests processed during FY 98: 88,204
4. Number of requests pending at end of FY 98: 1,506
B. Disposition of Initial Requests
1. Number of total grants: 84,144
2. Number of partial grants: 1,908
3. Number of denials: 2,152
FOIA exemption used:
Exemption 1: 0
Exemption 2: 54
Exemption 3: 112
Exemption 4: 324
Exemption 5: 260
Exemption 6: 1,384
Exemption 7(A): 156
Exemption 7(B): 2
Exemption 7(C): 315
Exemption 7(D): 136
Exemption 7(E): 24
Exemption 7(F): 3
Exemption 8: 0
Exemption 9: 2
4. Other reasons for nondisclosure:
No records: 781
Referred elsewhere: 576
Request withdrawn: 316
Fee-related reason: 133
Records not reasonably described: 95
Not a proper FOIA request for some reason: 38
Not an agency record: 27
Duplicate request: 39
Other (specify): 61
Some requests were unintelligible. Some requesters failed to clarify their
requests or respond to agency questions. Some requesters were notified of fees and did
not reply. Some requesters canceled requests. In one case, an agency could not produce
the record in the format requested.
VI. Appeals of Initial Denials
A. Number of Appeals
1. Number of appeals received during FY 98: 279
2. Number of appeals processed during FY 98: 186
B. Disposition of Appeals
1. Number completely upheld: 97
2. Number partially reversed: 51
3. Number completely reversed: 38
FOIA exemption used:
Exemption 1: 0
Exemption 2: 7
Exemption 3: 4
Exemption 4: 10
Exemption 5: 22
Exemption 6: 65
Exemption 7(A): 7
Exemption 7(B): 1
Exemption 7(C): 41
Exemption 7(D): 25
Exemption 7(E): 1
Exemption 7(F): 0
Exemption 8: 0
Exemption 9: 0
4. Other reasons for nondisclosure:
No records: 25
Referred elsewhere: 0
Request withdrawn: 8
Fee-related reason: 26
Records not reasonably described: 3
Not a proper FOIA request for some reason: 1
Not an agency record: 0
Duplicate request: 1
Other (specify): 5
Some searches for records were still underway at year's end. For some
requests, no additional records were found. A fee waiver request was still under
discussion.
VII. Compliance with Time Limits/Status of Pending Requests
A. Median Processing Time for Requests
1. Simple requests
a. Number of requests processed: 78,275
b. Median number of days to process: 131 days
2. Complex requests
a. Number of requests processed: 9,751
b. Median number of days to process: 268 days
3. Requests accorded expedited processing
a. Number of requests processed: 178
b. Median number of days to process: 12 days
In USDA, the median number of days were affected by the following considerations.
Lists of growers participating in Marketing Agreements and Orders may not be released
until USDA has given Congress at least 10 legislative days' notice. This resulted in a
delay because Congress was not in session. 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 98: 1,506
2. Median number of days requests were pending at end of FY 98: 205 days
VIII. Comparisons With Previous Years
Inasmuch as the official FOIA recording period for 1997 was 9 months, USDA did not
compare statistics summarizing fiscal year 1998 activity with statistics for previous
years. However, USDA agencies undertook numerous efforts to improve the efficiency and
effectiveness of their FOIA processing.
Improve timeliness.
Agency employees were detailed full-time and part-time to the FOIA function.
Senior-level employees were required to assist in document review and drafting replies to
requesters. Support staff were trained to improve copying time. A career enhancement
program was developed to offer employees experience in processing FOIA requests. FOIA
specialists were offered compensatory time for work on weekends.
Agency headquarters staff explained to field personnel the most direct route for
processing FOIA requests, using e-mail messages to exchange information. 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.
One agency initiated sign-off receipts for each FOIA request to expedite
tracking and response. Another agency established a new data base to monitor FOIA
requests.
Multi-track systems were set up. Logs were kept up-to-date. Frequently
requested records were placed on agency web sites. Agencies updated their web pages
throughout the year and evaluated options for improved automation. USDA also provided
monthly summaries of recently completed audit reports to interested Members of Congress
and the press.
Reduce backlog.
One agency sent requesters the ongoing status of their pending requests,
offering them the option to withdraw; about 188 requesters did withdraw their requests.
Another agency assigned a technician to assist in processing. Another developed staffing
goals for the FOIA staff.
Most agencies 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 staff of most agencies attended the Department of Justice course,
"Freedom of Information Act for Attorneys and Access Professionals" in fiscal year 1998.
Employees also received on-the-job training and advised agency officials on an ongoing
basis. One agency provided FOIA training to the support staff. Another provided
cooperative training to the U.S. Fish and Wildlife Service. Another provided training to
the National Association of Federal Veterinarians.
Washington, DC, staff tried to set an example for field offices by responding
quickly to telephone and e-mail questions and by copying and sending relevant published
materials to answer questions. The Natural Resources Conservation Service sent
subscriptions to FOIA Update to all State and Regional offices. The Farm Service Agency's
Appeals and Litigation Group conducted agencywide dispute resolution training which
included FOIA processing. Departmental Administration developed a draft FOIA manual that
will be posted on the Internet when approved.
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. The Office of the
Inspector General is modifying its database for the fiscal year 1999 report with a
five-track system: simple requests; complex requests; no-record requests; full-release
requests; and expedited requests.
IX. Costs/FOIA Staffing
A. Staffing Levels
1. Number of full-time FOIA personnel: 40.25
2. Number of personnel with part-time or occasional FOIA duties
(in work-years): 2,855.725
3. Total number of personnel (Work-years): 150.255
B. Total Costs
1. FOIA processing: $6,292,615.46
2. Litigation-related activities (estimated): $577,650 One case is pending.
3. Total costs: 6,880,295.46
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 and the upgrade of automated record
processing. Several 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: $140,913.12
B. Most USDA agencies collected fees that amounted to less than one
percent of total costs. Exceptions were: Departmental Administration,
100 percent; Risk Management Agency, 90 percent; Research, Education
and Economics, 73 percent; Animal and Plant Health Inspection Service,
44 percent; National Appeals Division, 31 percent; Food Safety and
Inspection Service, 13 percent; Rural Utilities Service, 11.8 percent;
Rural Business-Cooperative Services, 3.3 percent; Agricultural
Marketing Service, 2 percent; Rural Housing Service, 1.7 percent; and
Foreign Agricultural Service, 1.5 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. The schedule will be revised.
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.
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