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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. 
How to request records under FOIA?

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:

  1. commercial use requesters;

  2. news media;

  3. educational or noncommercial scientific institutions; and

  4. 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:
  1. it is likely to contribute significantly to public understanding of the operations and activities of the government; and
  2. 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. 

What happens to my request?
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
FAS FOIA Annual Report

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