RISK MANAGEMENT AGENCY

DEPARTMENT OF AGRICULTURE

FREEDOM OF INFORMATION ACT

ANNUAL REPORT

FOR

FISCAL YEAR 2012
USDA FOIA Annual Report FY 2012

Page 2

RISK MANAGEMENT AGENCY

U. S. DEPARTMENT OF AGRICULTURE

Freedom of Information Act Annual Report FY 2012

I. Basic Information Regarding Report 

A. Name, title, address, and telephone number of person to be contacted with 

questions about the report:

Bill Crews

RMA FOIA Officer

1400 Independence Ave SW MS 0821

Washington, DC 20250

202.720.9507

B. Electronic link for access to the Report on the agency Web site:

http://www.rma.usda.gov/aboutrma/foia/foia.html

C. How to obtain a paper copy of this report: 

Please contact Bill Crews at the aforementioned address.

II. Making a FOIA Request 

A. Names, addresses, and telephone numbers of all individual agency components 

that receive FOIA requests. 

For the names, addresses, and telephone numbers, visit our Web site at:

http://www.rma.usda.gov/aboutrma/foia/foia.html

B. Brief description of why some requests are not granted and an overview of certain 

general categories of USDA records to which FOIA exemptions apply.

The United States Department of Agriculture (USDA) administers many, 

widely diverse programs. Most USDA records relate to program 

administration and program participants. USDA invokes the two privacy 

exemptions of the FOIA more than the rest of the exemptions combined.

III. Definitions of Terms and Acronyms Used in the Report:

A. Mission Area, Agency and Staff Office acronyms are as follows:

RMA - Risk Management Agency

B. Definitions of terms used in this report:

1. Administrative Appeal – a request to a federal agency asking that it review at a 

higher administrative level a FOIA determination made by the agency at the 

initial request level. 
USDA FOIA Annual Report FY 2012

Page 3

2. 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, 10, and 14, 

the average number is 9. 

3. Backlog – the number of requests or administrative appeals that are pending at an 

agency at the end of the fiscal year that are beyond the statutory time period for a 

response. 

4. Component – for agencies that process requests on a decentralized basis, a 

“component” is an entity, also sometimes referred to as an Office, Division, 

Bureau, Center, or Directorate, within the agency that processes FOIA requests. 

The FOIA now requires that agencies include in their Annual FOIA Report data 

for both the agency overall and for each principal component of the agency.

5. Consultation – the procedure whereby the agency responding to a FOIA request 

first forwards a record to another agency for its review because that other agency 

has an interest in the document. Once the agency in receipt of the consultation 

finishes its review of the record, it responds back to the agency that forwarded it. 

That agency, in turn, will then respond to the FOIA requester.

6. Exemption 3 Statute – a federal statute that exempts information from disclosure 

and which the agency relies on to withhold information under subsection (b)(3) of 

the FOIA.

7. FOIA Request – a FOIA request is generally a request to a federal agency for 

access to records concerning another person (i.e., a “third-party” request), or 

concerning an organization, or a particular topic of interest. FOIA requests also 

include requests made by requesters seeking records concerning themselves (i.e., 

“first-party” requests) when those requesters are not subject to the Privacy Act, 

such as non-U.S. citizens. Moreover, because all first-party requesters should be 

afforded the benefit of both the access provisions of the FOIA as well as those of 

the Privacy Act, FOIA requests also include any first-party requests where an 

agency determines that it must search beyond its Privacy Act “systems of 

records” or where a Privacy Act exemption applies, and the agency looks to 

FOIA to afford the greatest possible access. All requests which require the agency 

to utilize the FOIA in responding to the requester are included in this Report.

Additionally, a FOIA request includes records referred to the agency for 

processing and direct response to the requester. It does not, however, include

records for which the agency has received a consultation from another agency. 

(Consultations are reported separately in Section XII of this Report.)

8. Full Grant – an agency decision to disclose all records in full in response to a 

FOIA request.

9. Full Denial – an agency decision not to release any records in response to a 

FOIA request because the records are exempt in their entireties under one or more 

of the FOIA exemptions, or because of a procedural reason, such as when no 

records could be located.
USDA FOIA Annual Report FY 2012

Page 4

10. Median Number – the middle, not average, number. For example, of 3, 10, and 

14, the median number is 10.

11. Multi-Track Processing – a system in which simple requests requiring relatively 

minimal review are placed in one processing track and more voluminous and 

complex requests are placed in one or more other tracks. Requests granted 

expedited processing are placed in yet another track. Requests in each track are 

processed on a first in/first out basis. 

a. Expedited Processing – an agency will process a FOIA request on an 

expedited basis when a requester satisfies the requirements for expedited 

processing as set forth in the statute and in agency regulations. 

b. Simple Request – a FOIA request that an agency using multi-track 

processing places in its fastest (non-expedited) track based on the low 

volume and/or simplicity of the records requested. 

c. Complex Request – a FOIA request that an agency using multi-track 

processing places in a slower track based on the high volume and/or 

complexity of the records requested. 

12. Partial Grant/Partial Denial – in response to a FOIA request, an agency 

decision to disclose portions of the records and to withhold other portions that are 

exempt under the FOIA, or to otherwise deny a portion of the request for a 

procedural reason. 

13. Pending Request or Pending Administrative Appeal – a request or 

administrative appeal for which an agency has not taken final action in all 

respects. 

14. Perfected Request – a request for records which reasonably describes such 

records and is made in accordance with published rules stating the time, place, 

fees (if any) and procedures to be followed. 

15. Processed Request or Processed Administrative Appeal – a request or 

administrative appeal for which an agency has taken final action in all respects. 

16. Range in Number of Days – the lowest and highest number of days to process 

requests or administrative appeals. 

17. Time Limits – the time period in the statute for an agency to respond to a FOIA 

request (ordinarily twenty working days from receipt of a perfected FOIA 

request). 

C. Concise descriptions of the nine FOIA exemptions:

1. Exemption 1: classified national defense and foreign relations information 

2. Exemption 2: internal agency rules and practices 

3. Exemption 3: information that is prohibited from disclosure by another federal 

law 
USDA FOIA Annual Report FY 2012

Page 5

4. Exemption 4: trade secrets and other confidential business information 

5. Exemption 5: inter-agency or intra-agency communications that are protected by 

legal privileges 

6. Exemption 6: information involving matters of personal privacy 

7. Exemption 7: records or information compiled for law enforcement purposes, to 

the extent that the production of those records (A) could reasonably be expected 

to interfere with enforcement proceedings, (B) would deprive a person of a right 

to a fair trial or an impartial adjudication, (C) could reasonably be expected to 

constitute an unwarranted invasion of personal privacy, (D) could reasonably be 

expected to disclose the identity of a confidential source, (E) would disclose 

techniques and procedures for law enforcement investigations or prosecutions, or 

would disclose guidelines for law enforcement investigations or prosecutions, or 

(F) could reasonably be expected to endanger the life or physical safety of any 

individual 

8. Exemption 8: information relating to the supervision of financial institutions 

9. Exemption 9: geological information on wells 
USDA FOIA Annual Report FY 2012

Page 6

IV. EXEMPTION 3 STATUTES

Statute

Type of Information 

Withheld Case Citation

Number of 

Times Relied 

upon per 

Component

Total 

Number of 

Times 

Relied upon 

by Agency

7 U.S.C. §1502 (c)

Personal information 

in connection with 

policy holders; yield 

data 

None RMA 4 4

Statute

Type of Information 

Withheld Case Citation

Number of 

Times Relied 

upon per 

Component

Total 

Number of 

Times 

Relied upon 

by Agency

7 U.S.C. 

§8791A(2)(a), 

Food, 

Conservation and 

Energy Act of 

2008

Information provided 

by an agriculture 

producer or owner of 

agricultural land in 

connection with 

participation in a 

USDA program and 

concerning 

agricultural 

operations, farming or 

conservation practices 

or the land itself; 

information contained 

in any type of USDA 

geospatial information 

system where 

producer provided 

information about 

agricultural land or 

operations 

Ctr. for 

Biological 

Diversity v. 

USDA, 626 F. 

3d 1113, 1118 

(9th Cir. 2010); 

Zanoni v. 

USDA, 605 

F.Supp. 2d 230, 

237-381 

(D.D.C. 2009)

RMA 4 4
USDA FOIA Annual Report FY 2012

Page 7

V. FOIA REQUEST

A. Received, Processed, and Pending FOIA Requests

Number of 

Requests 

Pending as of 

Start of Fiscal 

Year 

Number of 

Requests 

Received in 

Fiscal Year 

Number of 

Requests 

Processed in 

Fiscal Year 

Number of 

Requests Pending 

as of End of 

Fiscal Year 

RMA 8 72 55 25

USDA 

OVERALL

B. (1) Disposition of FOIA Requests – All Processed Requests

Number 

of Full 

Grants

Number 

of 

Partial 

Grants/ 

Partial 

Denials

Number of 

Full Denials 

Based on 

Exemptions Full Denials based on reasons other than exemptions

No 

Records

All Records 

Referred to 

Another 

Component 

or Agency

Request 

Withdrawn

FeeRelated 

Reason

Records not 

Reasonably 

Described

Improper 

FOIA 

Request 

for Other 

Reason

Not 

Agency 

Record

Duplicat

e 

Request

Other 

TOTAL

RMA 24 10 12 3 0 5 0 1 0 0 0 0 55

USDA 

OVERALL

B. (2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons 

Other than Exemptions” from Section V, B(1) Chart

Component

Description of “Other” Reasons for Denials from Chart 

B (1) & Number of Times Those Reasons Were Relied 

upon

Number of 

Time “Other” 

reason was 

relied upon

TOTAL

RMA 0 0 0

USDA OVERALL

B. (3) Disposition of FOIA Requests – Number of Times Exemptions Applied

Exemptions (b)(1) (b)(2) (b)(3) (b)(4) (b)(5) (b)(6) (b)(7)

(A)

(b)(7)

(B)

(b)(7)

(C)

(b)(7)

(D)

(b)(7)

(E)

(b)(7)

(F) (b)(8) (b)(9)

RMA 0 0 4 3 4 6 9 0 1 0 0 0 0 0

USDA 

Overall
USDA FOIA Annual Report FY 2012

Page 8

VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA 

 REQUESTS

A. Received, Processed, and Pending Administrative Appeals

Component

Appeals Pending 

as of Start of 

Fiscal Year

Number of 

Appeals Received 

in Fiscal Year

Number of 

Appeals Processed 

in Fiscal Year

Number of Appeals 

Pending as of End 

of Fiscal Year

RMA 13 3 1 15

USDA 

OVERALL

B. Disposition of Administrative Appeals – All Processed Appeals

Component

Number 

Affirmed on 

Appeal

Number Partially 

Affirmed & Partially 

Reversed/Remanded

on Appeal

Number Completely 

Reversed/Remanded 

on Appeal

Number of 

Appeals 

Closed for 

Other 

Reasons

TOTAL

RMA 0 0 1 0 1

USDA 

OVERALL

C. (1) Reasons for Denial on Appeal – Number of Times Exemptions Applied

Component Ex. 

1

Ex. 

2

Ex. 

3

Ex. 

4

Ex.

5

Ex.

6

Ex. 

7(A)

Ex. 

7(B)

Ex. 

7(C)

Ex. 

7(D)

Ex. 

7(E)

Ex. 

7(F)

Ex. 

8

Ex. 

9

RMA 0 0 0 0 0 0 0 0 0 0 0 0 0 0

USDA OVERALL

C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions 

Component No 

Records

Records 

Referred 

at Initial 

Request 

Level

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

Request 

for Other 

Reasons

Not 

Agency 

Record

Duplicate 

Request or 

Appeal

Request in 

Litigation

Appeal 

Based Solely 

on Denial of 

Request for 

Expedited 

Processing

Other 

*Explain in 

chart 

below

RMA 0 0 0 0 0 0 0 0 0 0 0

USDA 

OVERALL
USDA FOIA Annual Report FY 2012

Page 9

C. (3) Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) Chart

Component Description of “Other” Reasons for Denial on 

Appeal from Chart C (2)

Number of 

times “Other” 

Reason was 

Relied Upon

Component

TOTAL

RMA 0 0 0

USDA 

Overall

C. (4) Response time for Administrative Appeals

Component *Median Number

of Days

#Average 

Number

of Days

Lowest Number

of Days

Highest Number

of Days

RMA 11 11 11 11

USDA Overall

C. (5) Ten Oldest Pending Administrative Appeals

10th

Oldest

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest

RMA Date 2011-09-07 2011-09-01 2011-09-01 2011-08-24 2011-08-18 2011-08-18 2011-08-11 2011-04-25 2011-03-17 2010-12-13

Number of 

Days Pending 265 269 269 274 278 278 282 364 391 458

USDA 

Overall

Date

Number of 

Days Pending

 
USDA FOIA Annual Report FY 2012

Page 10

VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING 

 REQUESTS

A. Processed Requests – Response Time for All Processed Perfected Requests

SIMPLE COMPLEX EXPEDITED PROCESSING

*Median 

Number 

of Days

#Average 

Number

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

*Median 

Number 

of Days

#Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

*Median 

Number 

of Days

#Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

RMA 14 18.57 <1 95 11.5 11.5 3 20 17.5 17.5 6 29

USDA

OVERALL

B. Processed Requests – Response Time for Perfected Requests in Which Information Was 

Granted

SIMPLE COMPLEX EXPEDITED PROCESSING

*Median 

Number 

of Days

#Ave

rage 

Num

ber of 

Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

*Median 

Number 

of Days

#Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

*Median 

Number 

of Days

#Average 

Number 

of Days

Lowest 

Number 

of Days

Highest 

Number 

of Days

RMA 18 24.29 <1 95 20 20 20 20 17.5 17.5 6 29

USDA

OVERALL

C. Processed Requests – Response Time in Day Increments

Simple Requests

Component 1-20 

Days

21-

40

Days

41-

60

Days

61-

80

Days

81-

100

Days

101-

120

Days

121-

140

Days

141-

160

Days

161-

180

Days

181-

200

Days

201-

300

 Days

301-

400

Days

401+

Days

TOTAL

RMA 7 29 10 3 0 2 0 0 0 0 0 0 0 51

USDA

OVERALL

Complex Requests

Component 1-20 

Days

21-

40

Days

41-

60

Days

61-

80

Days

81-

100

Days

101-

120

Days

121-

140

Days

141-

160

Days

161-

180

Days

181-

200

Days

201-

300

Days

301-

400

Days

401+

Days TOTAL

RMA 0 2 0 0 0 0 0 0 0 0 0 0 0 2

USDA

OVERALL
USDA FOIA Annual Report FY 2012

Page 11

Requests Granted Expedited Service

Component 1-20 

Days

21-

40

Days

41-

60

Days

61-

80

Days

81-

100

Days

101-

120

Days

121-

140

Days

141-

160

Days

161-

180

Days

181-

200

Days

201-

300

 Days

301-

400

Days

401+

Days

TOTAL

RMA 0 1 1 0 0 0 0 0 0 0 0 0 0 2

USDA

OVERALL

D. Pending Requests – All Pending Perfected Requests

SIMPLE COMPLEX EXPEDITED

PROCESSING

Component Number 

Pending

*Median 

Number

of Days

#Average 

Number 

of Days

Number 

Pending

*Median 

Number 

of Days

#Average 

Number 

of Days

Number 

Pending

*Median 

Number 

of Days

#Average 

Number 

of Days

RMA 8 24 39 11 85 163 0 0 0

USDA

OVERALL

E. Pending requests – Ten Oldest Pending Perfected Requests

10th

Oldest

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest

RMA

Date 07.31.2012 07.31.2012 06.20.2012 05.30.2012 05.21.2012 03.08.2012 01.31.2012 09.02.2011 07.11.2011 11.16.2009

Numb

er of 

Days 42 42 70 85 91 143 169 269 308 721

USDA

OVERALL

Date

Numb

er of 

Days
USDA FOIA Annual Report FY 2012

Page 12

VIII. REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE

 WAIVER

A. Requests for Expedited Processing

Number 

Granted

Number 

Denied

*Median 

Number of 

Days to 

Adjudicate

#Average 

Number of 

Days to 

Adjudicate

Number 

Adjudicated 

Within Ten 

Calendar Days

RMA 2 1 <1 2.67 3

USDA

OVERALL

B. Requests for Fee Waiver

Number 

Granted

Number 

Denied

*Median 

Number of 

Days to 

Adjudicate

#Average 

Number of 

Days to 

Adjudicate

RMA 8 0 0.5 13.38

USDA

OVERALL

IX. FOIA PERSONNEL AND COSTS

 PERSONNEL COSTS 

Number 

of “FullTime 

FOIA 

Employe

es”

Number of 

“Equivalent 

Full-Time 

FOIA 

Employees”

Total Number 

of “Full-Time 

FOIA Staff” 

(The sum of 

Columns 1 & 2)

Processing 

Costs (At 

initial request 

and appeal 

levels)

LitigationRelated CostsTotal Costs

RMA 0 .75 .75 $1,529.04 $0 $1,529.04

USDA

OVERALL

X. FEES COLLECTED FOR PROCESSING

Total Amount of Fees

Collected

Percentage of Total 

Costs

RMA $861.62 56.35%

USDA

OVERALL

XI – FOIA REGULATIONS
USDA FOIA Annual Report FY 2012

Page 13

XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS

A. Backlogs of FOIA Requests and Administrative Appeals

Component Number of Backlogged

Requests as of End of

Fiscal Year

Number of Backlogged

Appeals as of End of

Fiscal Year

RMA 8 13

USDA

OVERALL

B. Consultations on FOIA Requests – Received, Processed, and Pending 

Consultations

Component Number of 

Consultations Received 

from Other Agencies 

that Were Pending at 

Your Agency as of Start 

of the Fiscal Year

Number of 

Consultations 

Received from Other 

Agencies During the 

Fiscal Year

Number of Consultations 

Received from Other 

Agencies that Were 

Processed by Your Agency 

During the Fiscal Year

Number of Consultations 

Received from Other Agencies 

that Were Pending at Your 

Agency as of End of the Fiscal 

Year

RMA 0 0 0 0

USDA

OVERALL

C. Consultations on FOIA Requests – Ten Oldest Consultations Received from 

Other Agencies

Component 10th

Oldest

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest

RMA Date 0

Number of Days 0

USDA

OVERALL

Date

Number of Days

D. Comparison of Number of Requests from Previous and Current Annual Report 

– Requests Received, Processed, and Backlogged

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED

Component Number Received 

During Fiscal Year 

from Last Year’s

Annual Report

Number Received 

During Fiscal Year 

from 

Current Annual Report

Number Processed 

During Fiscal Year 

from Last Year’s

Annual Report

Number Processed 

During Fiscal Year 

from Current

Annual Report

RMA 112 72 117 55

USDA

OVERALL
USDA FOIA Annual Report FY 2012

Page 14

D.2. Comparison of Backlogged Requests from Previous and Current Annual 

Report 

Component Number of Backlogged

Requests

as of End of the Fiscal 

Year from

Previous Annual Report

Number of Backlogged 

Requests

as of End of the Fiscal 

Year from

Current Annual Report

RMA 8 1

USDA

OVERALL

E. Comparison of Numbers of Administrative Appeals from Previous and Current Annual 

Report – Appeals Received, Processed, and 

 Backlogged

NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED

Component Number Received 

During Fiscal Year 

from Last Year’s

Annual Report

Number Received 

During Fiscal Year from 

Current

Annual Report

Number Processed

During Fiscal 

Year

from Last Year’s

Annual Report

Number Processed

During Fiscal Year

from Current

Annual Report

RMA 12 7 1 1

USDA

OVERALL

* Any inconsistencies in the number of appeals received during FY2010 is due to the 

migration of data into our new electronic tracking system

E.2. Comparison of Backlogged Administrative Appeals from Previous and Current 

Annual Report

Component Number of Backlogged 

Appeals as of End of the 

Fiscal Year from 

Previous Annual Report 

Number of Backlogged Appeals 

as of End of the Fiscal Year 

from Current Annual Report 

RMA 0 0

USDA

OVERALL

F. Discussion of Other FOIA Activities (Optional)