February 1999

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U.S. DEPARTMENT OF AGRICULTURE

Freedon of Information Act Annual Report 1998

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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