Freedom of
Information Act (FOIA) Reading Room
FAS FOIA
Procedures and Process — How To Request Information
The
Freedom of Information Act (FOIA) allows
access to almost all Federal agency
records. The Foreign Agricultural
Service (FAS) of the U.S. Department of
Agriculture (USDA), like other Federal
agencies, is required to make records
accessible to requesters. Many documents
are available to the public without
having to file a FOIA request. These
include press releases, speeches,
congressional testimony, program
regulations, and some letters and
memoranda. Some of this information can
be found on the
FAS Web site.
What
information is not available through
FOIA?
The FOIA
provides access to almost all
Federal agency records or
portions of them, except for
those that are protected from
disclosure by legal exemptions
and exclusions. The Agency's
openness to providing
information is balanced with the
public's interest in preserving
the privacy and confidentiality
of sensitive, personal, and
commercial information, and the
integrity of the government's
decision‑making and law
enforcement processes.
Therefore, some documents or
portions of documents are
protected by law from release to
the public.
This means
requesters will not always
receive the records that they
ask for or may receive documents
with portions deleted.
Wrongfully disclosed information
could cause competitive harm by
disclosing proprietary
information, result in an
unwarranted invasion of personal
privacy, or compromise the
integrity of governmental
decision‑making processes. FAS
employees can be held criminally
liable for wrongfully disclosing
information that should have
been protected.
FOIA requests apply to existing
records only. FAS is not
required to create a record to
answer a FOIA request. If the
record requested does not exist
on paper or in electronic form,
FAS’ reply to the requester will
explain that.
To make
a FOIA request, you should
write a letter to FAS (see
sample
letter). Mark the letter
and the envelope, or the fax
cover sheet, with "FOIA
Request." Provide your phone
number, mailing address,
e-mail address, or fax
number so we can contact you
if we need more information.
Identify the records that
you want as specifically as
possible to help us locate
them. Any facts or details
you can give about the time,
place, authors, events, and
subjects will be helpful in
our search and in
determining which records
will respond to your
request.
You do
not have to state the
reasons for your request.
Identify what agency,
organization, or individuals
you represent because this
can make a difference in
what fees, if any, you may
be charged for the documents
requested.
Make your
request in writing (letter,
e‑mail, or fax) and identify as
clearly as possible the
information you seek. Write to:
Foreign
Agricultural Service
U.S. Department of
Agriculture
Stop 1004
1400 Independence Ave., S.W.
Washington, DC 20250‑1004
E-mail:
Sally.Klusaritz@fas.usda.gov
Fax: 202-720-3229
ATTN: Freedom of Information
Officer
Reading Room
FAS maintains only an
electronic reading room. If
you need to use the FAS
electronic reading room, you
may make arrangements by
contacting the FAS FOIA
Officer at 202-720-3448.
What
fees
or costs are involved?
The FOIA
permits government agencies to
charge fees for processing FOIA
requests. FAS charges nothing if
the cost of compiling the
records you request is $25 or
less. Fees are charged at actual
salary plus 16 percent overhead.
The charge for copying documents
is 20 cents per page. We will
notify you if the fees will be
higher, unless your written
request states your willingness
to pay higher fees. If fees are
expected, you may request a
waiver if you can show that the
records, when disclosed to you,
will contribute significantly to
the public's understanding of
the operations or activities of
the government.
Fee
Categories. The FOIA
requires that requesters be
placed in one of the following
four categories:
-
commercial use requesters;
-
news
media;
-
educational or noncommercial
scientific institutions; and
-
all
others.
Commercial
requesters are charged the full
cost of search, review, and
duplication. Scientific,
educational, and news media
requesters are charged the cost
of duplication only; however,
only the first 100 pages are
provided free of charge. All
other requesters are charged the
direct costs of search, review,
and duplication, except that the
first 2 hours of search and the
first 100 pages of duplication
are free of charge.
Requesters
who send checks to FAS to pay
for records received should make
them payable to the "U.S.
Treasury."
Fee Waivers.
Fees may be waived if disclosure
of the records is in the public
interest for the following
reasons:
-
it is likely to contribute
significantly to public
understanding of the
operations and activities of
the government; and
-
it is not primarily in the
commercial interest of the
requester.
Requests for fee waivers must
be fully documented and
justified by written explanation
when the request is submitted.
The FAS FOIA office
tracks incoming FOIA
requests and works with
FAS offices that hold
the requested records to
retrieve them for the
requestor. The FOIA
officer and responsible
managers review the
record to determine if
information can be
released.
How
long will it take to answer my request?
We are required to respond
to your request within 20
working days (not
counting weekends or
holidays) of receiving
it. Our response might
include an explanation of
how soon we can provide the
records you requested, a
copy of all the records you
requested, a portion of the
records requested with an
explanation of why we
withheld some records, or an
explanation that we have
found no records responsive
to your request. When we
deny records or cannot find
them, you have a right to
appeal our actions within 45
days of the date of our
reply to you. If there is a
delay in fulfilling your
request beyond the 20‑day
time frame, we will notify
you.
How
does the Privacy Act relate to the FOIA?
Under the
Privacy Act, a person may seek
access to records that are
retrieved by that person's name
or another personal identifier,
such as social security number
or date of birth. These records
will be made available only to
the person to whom the records
refer. Generally, you cannot
obtain copies of records
concerning another person
without the written permission
of that person.
A statement
on the
FAS
privacy policy is available
on the FAS Web site.
If you have questions about
FAS Privacy Act requests, contact Peter Butrite, Privacy Act Officer, on (202)
690-4873,
or send e-mail to
Peter.Butrite@fas.usda.gov.
FAS
Records System
The
Foreign Agricultural Service maintains the
following record systems: FAS regulations,
manuals and notices; attaché reports; general
publications; and statements of policy and
procedure for the following programs.
-
Market Access Program
-
Foreign Market Development Program
-
Emerging Markets Program
-
Export Credit Guarantee Program
-
Intermediate Export Credit Guarantee Program
-
Supplier Credit Guarantee Program
-
Facility Guarantee Program
-
Public Law 480, Title I Program
-
Food for Progress and Section 416(b) Direct
Feeding and Monetization Programs
-
Dairy Export Incentive Program
-
Export Enhancement Program
-
Cochran Fellowship Program
-
Trade and Investment Program
-
International Grants, Exchanges,
Fellowships, and Collaborative Research
Opportunities in Agriculture
-
Dairy Tariff‑rate Import Quota Licensing
Program
-
Sugar‑containing Products Re‑export Program
-
Refined Sugar Re‑export Program
-
Quality Samples Program
-
Section 108 Program
-
U.S. Export Sales Reporting Program
-
WTO Agreement on the Application of Sanitary
and Phytosanitary Measures
-
McGovern–Dole Food for Education Program
-
Trade Adjustment Assistance for Farmers
-
Technical Assistance for Specialty Crops
-
The Norman E. Borlaug International
Agricultural Science
and Technology Fellows Program
At the end of each fiscal
year, FAS is required to prepare an annual report on FOIA
activities. The most recent FAS annual report
is available on the agency's Web site. To request a paper copy of
the FAS FOIA annual report, write to:
Foreign Agricultural
Service
U.S.
Department of Agriculture
Stop 1004
1400 Independence Ave., S.W.
Washington, DC 20250‑1004
ATTN: Freedom of
Information Officer
USDA FOIA Regulations (pdf, 148kb), 7 Code of Federal Regulations, Part 1,
published on August 28, 2000, implementing the Freedom of
Information Act, the USDA privacy policy statement, text of the
Freedom of Information Act, along with links to other related
documents are available on the
USDA
Web site.
USDA
Backlog Report for Requests (PDF;105KB)
USDA Backlog Report for Appeals (PDF;109KB)
FAS FOIA Improvement
Plan (October 2006)
USDA FOIA Improvement Plan (October 2006; .pdf)
If you have other questions about
FAS FOIA requests, contact Sally Klusaritz,
Freedom of Information Officer, on (202) 720‑3448,
or send e-mail to
Sally.Klusaritz@fas.usda.gov.
Updated October 2008
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