February 2002
Note: FOIA Annual Report 2000 is available in WPD or PDF format.
U.S. DEPARTMENT OF AGRICULTURE
Freedom of Information Act Annual Report FY 2001
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:
Andrea E. Fowler
Freedom of Information Act Officer
Departmental Administration
U.S. Department of Agriculture
Rm. 342-W Whitten Bldg.
Washington, DC 20250
andrea.fowler2@usda.gov
Tel. (202) 720-8164
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. A list of USDA agency employees responsible for handling FOIA requests can be found at http://www.usda.gov/news/foia/contacts.htm
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
| Statute/Rule | Type of Information Withheld | Case Citation |
| P.L. 104-201 | Negotiated Bid Proposals | None |
| 7 U.S.C. § 201(c) | Store records for food stamp applications | None |
| 7 U.S.C. § 608d(2) | Marketing orders for milk, fruits and vegetables. | Ivanhoe Citrus Ass'n v. Handley, 612 F. Supp. 1560 (D.D.C. 1985) |
| 7 U.S.C. § 499(f)b | Confidential source | None |
| 7 U.S.C. § 2323-2582 | Application for plant variety protection | None |
| 7 U.S.C. § 2018(c) | Electronic Benefit Transactions | None |
| 7 U.S.C. § 2020(e)(8) | Names, addresses, phone numbers of food stamp recipients | None |
| 7 U.S.C. § 373 [1373](a) | Tobacco & peanut production information | None |
| 7 U.S.C. § 2276 | Milk Production Reports & State identity codes | Chesapeake Bay Found. V. USDA, No. 89-1943 (D.D.C. March 26, 1990) |
| 7 U.S.C. § 2131 et seq. | Report on administration and enforcement activities. | None |
| 7 U.S.C. § 4801-4819 | Identity of challenger | None |
| 16 U.S.C. § 470hh | Archaeological site maps, cultural resource survey maps | None |
| 16 U.S.C. § 470w-3 | Nature & location of historic resources | None |
| 41 U.S.C. § 253(b)(m) | Unsuccessful contract bid proposals | None |
| F.R.Cr.P. 6(e) | Grand jury information | Iglesias v. CIA, 525 F. Supp. 547, 556 (D.C. Cir. 1987) |
V. Initial FOIA/PA Requests
A. Number of Initial Requests
1. Number of requests pending at end of FY 00: 2,615
2. Number of requests received during FY 01: 83,617
3. Number of requests processed during FY 01: 83,194
4. Number of requests pending at end of FY 01: 3,038
B. Disposition of Initial Requests
1. Number of total grants: 75,811
2. Number of partial grants: 3,750
3. Number of denials: 2,147
FOIA exemption used:
Exemption 1: 0
Exemption 2: 28
Exemption 3: 352
Exemption 4: 307
Exemption 5: 248
Exemption 6: 3,430
Exemption 7(A): 65
Exemption 7(B): 19
Exemption 7(C): 254
Exemption 7(D): 38
Exemption 7(E): 13
Exemption 7(F): 3
Exemption 8: 0
Exemption 9: 0
4. Other reasons for nondisclosure: Total 1486
No records: 828
Referred elsewhere: 250
Request withdrawn: 142
Fee-related reason: 62
Records not reasonably described: 22
Not a proper FOIA request for some reason: 43
Not an agency record: 47
Duplicate request: 22
Other (specify): 70
- Glomar
- Third-party requests
- No authorization letter
- Ongoing Audit
- Referred in error
- Unable to contact requester
- Non-response to clarification letter
- Subpoenas
VI. Appeals of Initial Denials
A. Number of Appeals
1. Number of appeals received during FY 00: 248
2. Number of appeals processed during FY 00: 283
B. Disposition of Appeals
1. Number completely upheld: 82
2. Number partially reversed: 77
3. Number completely reversed: 51
FOIA exemption used:
Exemption 1: 0
Exemption 2: 1
Exemption 3: 2
Exemption 4: 13
Exemption 5: 28
Exemption 6: 80
Exemption 7(A): 11
Exemption 7(B): 1
Exemption 7(C): 25
Exemption 7(D): 2
Exemption 7(E): 4
Exemption 7(F): 2
Exemption 8: 0
Exemption 9: 0
4. Other reasons for nondisclosure: 73
No records: 27
Referred elsewhere: 18
Request withdrawn: 11
Fee-related reason: 2
Records not reasonably described: 1
Not a proper FOIA request for some reason: 5
Not an agency record: 0
Duplicate request: 3
Other (specify): 6
- Lawsuit filed
- Regional Office responded-appeal moot
- Glomar
- Preliminary injunction
- Failure to process
- Unable to contact requester
VII. Compliance with Time Limits/Status of Pending Requests
A. Median Processing Time for Requests
1. Simple requests
a. Number of requests processed: 72,599
b. Median number of days to process: 30 days
2. Complex requests
a. Number of requests processed: 8,831
b. Median number of days to process: 49 days
3. Requests accorded expedited processing
a. Number of requests processed: 1,764
b. Median number of days to process: 33 days
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 00: 3,038
2. Median number of days requests were pending at end
of FY 00: 30 days
VIII. Comparisons With Previous Years
Improve timeliness.
Agencies are continuing to provide public information and
frequently requested information through their agency FOIA websites.
One agency has set deadlines for responses from field offices
and deleted review of initial requests by the legal staff to improve
timeliness. Another agency is date stamping all incoming requests.
Several 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 established a central point of contact list and
they also established a central FOIA file where all requests are filed
in chronological order and all FOIA technicians, and specialists
retrieve requests in the order in which they are received. This has
eliminated most of the backlog.
Reduce backlog.
Several agencies have hired new full and part-time employees
to assist in processing requests. One agency hired five additional
program specialists and one additional supervisor.
Provide training.
The FOIA personnel of most USDA agencies attended training
sponsored by the Department of Justice, the USDA Graduate School, or
the American Society for Access Professionals. A majority of USDA
agencies conducted on-the-job training for agency personnel on
processing FOIA requests.
Several agencies provided field locations with copies of the
Freedom of Information Act Guide & Privacy Act Overview and the
Department of Justice quarterly FOIA Updates to use as reference
material. Some field locations have scheduled monthly FOIA conference
calls as a training tool.
All agency FOIA personnel continue to meet quarterly to share information and establish consistent standards for processing of FOIA requests within the Department.
Add new categories of records.
The establishment of agency web pages expanded the
categories of records available to the public.
IX. Costs/FOIA Staffing
A. Staffing Levels
1. Number of full-time FOIA personnel: 56.00
2. Number of personnel with part-time or occasional
FOIA duties (in work-years): 209.6
3. Total number of personnel (Work-years): 275.2
B. Total Costs
1. FOIA processing: $21,192,010
2. Litigation-related activities (estimated): $159,381
3. Total costs: $21,351,391
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, national meetings, and to upgrade automated record
processing. Several agencies 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: $109,332
B. Most USDA agencies collected fees that amounted to
less than one percent of total costs.
XI. FOIA Regulations
USDA's regulations implementing the Electronic Freedom of
Information Act Amendments of 1996 were published in the Federal
Register July 28,2000, and are available on the World Wide Web at:
http://www.usda.gov/News&Information;/FOIA Information/USDA
FOIA Regulations
USDA's current fee schedule was published in the Federal Register
December 31, 1987.
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.