FOIA

Filing a FOIA Request with the USDA

In accordance with the Freedom of Information Act (FOIA) and USDA regulations at 7 CFR, any person can request access to USDA records. The FOIA requires the USDA to allow the public to have access unless the information is exempt under the FOIA from mandatory disclosure (e.g., classified national security, business proprietary, personal privacy, investigative).

Your request must be in writing. Indicate that you are making a request under the Freedom of Information Act, and address the request to the USDA Agency that is responsible for the information you are requesting. If you are not sure which agency within USDA has the information you want, send your request to the USDA FOIA Officer at the following address:

USDA - Office of Communications
Room 536A
1400 Independence Ave. SW
Washington, DC 20250-1300

Identify the records you want as accurately as possible, with as much detail that would be helpful for locating the information (subject matter, date, place where the record was created, the person or office that created it, the present custodian of the record, etc). A request may only seek records that are in existence at the time that the FOIA request is received, and may not require that new records be created in response to the request.

Provide your phone number and mailing address so that USDA employees may contact you if needed (for clarification of your request, etc).

FOIA Fees: Agencies are authorized by law to recover the direct costs of providing information to a FOIA requester. A requester may be required to pay fees for searching, reviewing, and copying records. You will be notified in advance if fees will exceed $25.

Specify the fee category (commercial use, news media, educational institution, noncommercial scientific institution, or other) in which you feel your request falls.

State the maximum amount of fees that you are willing to pay, or include a request for a fee waiver (include justification provided below).

You may request a fee waiver. Fee waivers may be granted when disclosure of the records is in the public interest because it: (a) is likely to contribute significantly to public understanding of the operations or activities of the government (Does the record concern the operations or activities of the government? Is disclosure likely to contribute to the public understanding of these operations and activities? Will that contribution be significant?); and (b) is not primarily in the commercial interest of the requester.

Requests for fee waivers must be fully documented and justified by written explanation.

A requester may be required to pay fees for searching, reviewing, and copying records. You may be notified in advance if fees will exceed $25.

Privacy Act: Under the Privacy Act (PA), a person may seek access to records that are retrieved by that person's name or other personal identifier, such as social security number or employee identification number. Such records will be made available unless they fall within the exemptions of the PA and the FOIA.

Detailed information concerning USDA policies and procedures for obtaining access to information under the FOIA and the PA is available in 7 CFR Part 1, Subpart A, or by calling the USDA FOIA Officer at 202-720-8164 between the hours of 8 a.m. and 4 p.m.

USDA FOIA/PA Officer:

    Andrea E. Fowler
    (202) 720-8164

USDA Agency FOIA Coordinators:

USDA FREEDOM OF INFORMATION ACT OFFICERS