United States Department of Agriculture 

Animal and Plant Health Inspection Service 

WS Directive 4.135 10/07/05

 

REQUESTS FOR INFORMATION

1. PURPOSE 

To provide guidelines for proper response to requests for and 

disclosure of information. 

2. REPLACEMENT HIGHLIGHTS 

This directive revises WS Directive 4.135 dated 06/28/04. 

3. POLICY 

Wildlife Services (WS) will provide information to the public 

upon request, unless the information requested is specifically 

protected from disclosure under the Freedom of Information Act 

(FOIA) or Privacy Act provisions. All FOIA requests for Animal 

and Plant Health Inspection Service (APHIS) documents must be 

responded to by the APHIS FOIA Officer of the Legislative and 

Public Affairs (LPA), Riverdale, Maryland. 

A request for access to records that contain personal information 

about an employee must be referred to the APHIS FOIA Officer. 

All requests for personal information (except employee access to 

their personnel records) will be treated as requests under 

provisions of both FOIA and the Privacy Act. 

By law, material in the possession and control of APHIS that 

qualifies as a record and is not exempt from disclosure under the 

FOIA or Privacy Act provisions will be made available by the 

APHIS FOIA Officer upon written request. This includes, but is 

not limited to, photographs, slides, and computer records. 

4. BACKGROUND 

a. Freedom of Information Act. FOIA is a disclosure statute 

designed to allow the public access to documents held by 

administrative agencies of the Executive Branch of the Federal 

Government. The intent of the FOIA is to provide, in a timely 

manner, access to Federal records that already exist, not to 

create records or to respond to questions through dialogue. 

Requesters may ask for any Agency record. The APHIS FOIA Officer 

makes the determination of what information should be withheld 

based on nine exemptions established in the Act. Information may 

not be withheld unless it specifically falls under one of the 

nine exemptions. Refer to APHIS Directive 156.1, Freedom of 

Information Act/Privacy Act Guidelines, for a list of exemptions. 
The APHIS FOIA Officer is the only official who can deny 

information under the FOIA. 

b. Privacy Act. The Privacy Act provides requirements for 

collecting, maintaining, and disclosing personal information 

obtained by Government offices from or about individuals and 

contained in a system of records. 

Personal information obtained by Government offices from or about 

individuals is protected from disclosure by the Privacy Act. 

Personal information includes, but is not limited to: 

1. Home address. 

2. Home telephone number. 

3. Social Security Number. 

4. Personal financial data (except salary). 

5. Medical records. 

6. Religious affiliation. 

7. Educational attainments. 

5. PROCEDURES 

a. All requests for information that fall under FOIA should be 

sent directly to the WS FOIA Liaison, USDA/APHIS/WS, Operational 

Support Staff (OSS), 4700 River Road, Unit 87, Riverdale, 

Maryland 20737-1234. Questions may be directed to the WS FOIA 

Liaison at 301/734-7921 for guidance. The WS FOIA Liaison will 

forward the request to the APHIS FOIA Officer. It is the APHIS 

FOIA Officer's discretion to apply FOIA regulations to requests 

for information that do not specifically mention the FOIA. 

b. After FOIA requests are received and recorded by the APHIS 

FOIA Officer, they are returned to the WS FOIA Liaison. The WS 

FOIA Liaison is responsible for ensuring that a thorough search 

has been conducted and that all documents requested are either 

provided or accounted for (i.e., documents do not exist, 

documents have been disposed of in accordance with Agency record 

retention guidelines, documents exist in another program area, 

etc.). 

When responding to a FOIA request from the WS FOIA Liaison, send 

all requested records by the deadline provided either by fax or 

overnight mail. The APHIS FOIA Officer will determine 

releasability and respond to the requester in writing. Also, if 

necessary, attach a memorandum with the documents and express any 

concerns of the enclosed material or identify any sections of the 

documents to which the APHIS FOIA Officer should pay particular 

attention. If the requested information does not exist, has been 

disposed of, or is located in another program area, notify the WS 

FOIA Liaison. 
Examples of documents which should be referred to the WS FOIA 

Liaison are: 

1. Letters, memorandums, reports, or other documents of 

questionable releasability. 

2. Documents containing special handling notations or warning 

notices, i.e., "FOR OFFICIAL USE ONLY" material. 

3. Documents created by private industry, State government, 

other Federal agencies, or foreign governments. 

4. Documents classified by the WS Deputy Administrator as 

"Internal use only". 

 

Additionally, requests for specific information on acreage owned 

and/or leased by a cooperator, the number of livestock owned by a 

cooperator, or economic losses, etc., should also be referred to 

the WS FOIA Liaison. 

c. Keep track of the time spent on searching and reviewing 

records. The APHIS FOIA Officer may assess fees based on the 

number of copies and search and review time. Fees must exceed 

$25.00 to be assessed. 

d. All letters from members of Congress must be forwarded to the 

Director of OSS for delivery to LPA, Executive Correspondence 

Staff, Riverdale, Maryland, for reply. 

6. DISCLOSURE OF INFORMATION 

a. FOIA provides provisions for disclosure of certain Agency 

records. 

1. Records concerning Agency publications and records 

currently published in the Federal Register for guidance of 

the public including organization of the Agency, functions, 

rules of procedure, substantive rules, and statements of 

general policy are automatically disclosed under 5 U.S.C. § 

552(a)(1)(A-E). 

 

(i). Included in this category are WS regulations, Federal 

Register articles, and publications such as WS and National 

Wildlife Research Program Highlights. 

(ii). Other routine records where there is no question of 

releasability. 

2. Reading room access information, i.e., information, though 

not automatically published, is made accessible to the public 

such as final opinions (decisions) of the Agency, 

adjudications of administrative agencies, specific policy 

statements, certain administrative staff manuals, and indices 

in order to better access public information. 
(i). APHIS Directives, WS Directives, informational material 

designed for the public or located on the WS web-page, 

National Environmental Policy Act documents, OSS approved 

Fiscal Year (FY) Annual Tables and State FY Annual Reports, 

as well as frequently requested FOIA information to be 

disclosed electronically under e-FOIA provisions. 

(ii). General information about WS. 

b. The Privacy Act provides provisions for disclosure of certain 

personal information. 

1. The Privacy Act authorizes agencies to disclose information 

about individuals under a “routine use”. A “routine use” is 

defined as a disclosure of a record(s) outside of the agency 

for a purpose which is compatible with the purpose for which 

it was collected. 5 U.S.C. § 552a(a)(7)(b)(3). 

The Privacy Act requires that a description of the “routine 

uses” be provided in a Systems of Records Notice which is 

published in the Federal Register. The Privacy Act System of 

Records Notice describes the information and provides notice 

to the public of under what circumstances and to whom the 

Agency would disclose such personal information contained in 

Privacy Act files. 

2. An agency must keep an accounting of each disclosure to 

another person or to another agency — this includes requests 

made under “routine uses” and made by law enforcement 

agencies. 

7. REFERENCES 

Animal and Plant Health Inspection Service, Communications 

Guidelines to All APHIS Employees (9/23/04). 

Animal and Plant Health Inspection Service, Directive 156.1, 

Freedom of Information Act/Privacy Act Guidelines (10/19/82). 

http://www.aphis.usda.gov/library/directives/pdf/156-1.pdf 

Animal and Plant Health Inspection Service, Directive 1510.1, 

Communications with Offices of Members of Congress, the Office 

of Management and Budget, and the Office of Budget and Program 

Analysis (10/25/96). 

http://www.aphis.usda.gov/library/directives/pdf/1510-1.pdf 

Freedom of Information Act, as Amended in 2002. 5 U.S.C. Section 

552. http://www.usdoj.gov/04foia/foiastat.htm 

Freedom of Information Act Guide, May 2004, FOIA Reading Rooms. 

http://www.usdoj.gov/oip/readingroom.htm 

Office of the General Counsel, Guidance Memorandum Concerning 

Release of Published Materials (undated). 

Office of Management and Budget, Circular A-130, Memorandum for 

the Heads of Executive Department and Agencies, Management of 

Federal Information Resources. 

http://www.whitehouse.gov/omb/circulars/a130/a130trans4.html 

Office of Management and Budget, M-99-05, Attachment A, 

Memorandum for the Heads of Executive Department and Agencies, 
Privacy and Personal Information in Federal Records (5/14/98). 

http://www.whitehouse.gov/omb/memoranda/m99-05-a.html 

Office of Management and Budget, M-99-05, Attachment B, 

Instructions for Complying with the President’s Memorandum of 

May 14, 1998, “Privacy and Personal Information in Federal 

Records”. http://www.whitehouse.gov/omb/memoranda/m99-05-

b.html 

The Privacy Act of 1974, 5 U.S.C. Section 552a, as Amended. 

http://www.usdoj.gov/foia/privstat.htm 

United States Department of Agriculture, Freedom of Information 

Act Regulations, August 28, 2000. 

http://www.usda.gov/news/foia/regulation.htm 

Deputy Administrator