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Chief FOIA Officer Report to the Department of Justice Pursuant to 

Attorney General Holder's FOIA Guidelines

The Farm Credit Administration (FCA or Agency) submits this report in response to the request 

in the United States Department of Justice Office of Information Policy email of September 30, 

2009. The report has been prepared Jane Virga, Chief FOIA Officer.

The FCA is an independent agency in the executive branch of the U.S. Government. It is 

responsible for regulating and examining the banks, associations, and related entities of the Farm 

Credit System (System), including the Federal Agricultural Mortgage Corporation. The System is 

a nationwide network of borrower-owned financial institutions that provides credit to farmers, 

ranchers, and agricultural and rural utility cooperatives. Originally created in 1933 by an 

Executive order, the Agency derives its powers and authorities from the Farm Credit Act of 1971, 

as amended. 

The FCA strives to have an exemplary Freedom of Information Act (FOIA) program, to process 

all FOIA requests within the statutory time frames, and to comply with all aspects of the FOIA. 

The FCA is a small Agency, with approximately 250 employees, and receives only a small 

number of FOIA requests (usually less than 50 requests per year). Although FCA has four small 

field offices, its headquarters in McLean, Virginia, retains most of the Agency’s records. Thus, 

FCA’s FOIA staff is able to conduct records searches quickly, efficiently, and on time. We have 

no backlog. 

The basic FOIA staff is housed in the Office of General Counsel. The Chief FOIA Officer also 

serves as the acting FOIA Officer. With the assistance of a senior attorney and one administrative 

person, the Chief FOIA Officer/Acting FOIA Officer processes all FOIA requests. FCA’s 

Director of the Office of Management Services, who is not a member of the Office of General 

Counsel, serves as the FOIA Appeals Officer. He receives legal guidance as necessary from a 

Senior Counsel who is not otherwise a part of the basic FOIA process. 

I. Steps Taken to Apply the Presumption of Openness

1. The FCA applies the presumption of openness to all decisions involving the FOIA. The FCA 

has fully implemented the President’s FOIA Memorandum and the Attorney General’s FOIA 

Guidelines. The Chief FOIA Officer/Acting FOIA Officer is responsible for reading, reviewing, 

and responding to all FOIA requests. The Chief FOIA Officer/Acting FOIA Officer and the 

senior attorney have attended training from the Department of Justice and reviewed all written 

guidance. The small FOIA staff has read the President’s FOIA Memorandum and the Attorney 

General’s FOIA Guidelines and is fully aware of the presumption of openness. The Chief FOIA 

Officer/Acting FOIA Officer has read and understands the President’s FOIA memorandum and 

Attorney General’s FOIA guidelines and carries them out in response to FOIA requests. However, 

due to the small size of the FOIA staff, there has been no need to conduct other in-house training 

or publication. For FY 2009, we withheld records in part in two instances and in full in three 

instances. For FY 2010, we have not withheld any records. For both these years, we have not 
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had an opportunity to make a discretionary disclosure. As to administrative appeals, there were 2, 

which were upheld in full.

2. There has been no relative change in the number of FOIA requests. In FY 2008, there were 12 

full grants and 6 partial grants, and in FY 2009, there were 16 full grants and 2 partial grants.

II. Steps Taken to Ensure that Your Agency has an Effective System for Responding to 

Requests

Because of the FCA’s size, the focused nature of the work that it does as the System’s regulator,

and the small size of the FOIA staff, conducting searches for records is, ordinarily, a very simple 

and straightforward process. Each of the Agency’s offices knows what kinds of records FCA

maintains and how to locate them. They also understand the importance of complying with the 

FOIA’s requirements and cooperate fully and quickly in conducting searches. This enables the 

FOIA staff to proceed efficiently and effectively. The FOIA staff also strives to provide personal 

service to requesters, to communicate with them directly (usually by telephone), and to ensure 

that they receive records that are truly responsive to their needs, subject, of course, to applicable 

FOIA exemptions. 

The small FOIA staff ensures constant and clear communication. Program staff has been trained 

to appreciate the importance of FOIA compliance and has been fully cooperative in conducting 

searches. Senior staff members are routinely assigned to assist the FOIA Officer with searches 

and appropriate redactions of records. 

Typically, the Chief FOIA Officer/Acting FOIA Officer begins to process a FOIA request on the 

day of or day after arrival. Upon receipt, the FOIA request is entered into an Agency-wide 

computerized correspondence tracking system and a paper log for FOIA requests only. The 

request is forwarded to appropriate program staff, which is ordinarily expected to produce any 

responsive documents within 20 business days. If the request poses any unusual problems, the 

FOIA staff works actively with the program staff to resolve them. The computerized 

correspondence tracking system will also send automatic reminders prior to the expiration of the 

20 business day processing time.

As explained above, the FCA’s small size and the accessibility of our records make it easy and 

efficient to conduct Agency-wide searches. The focused nature of the Agency’s mission as a 

banking regulator also facilitates the search and redaction process; most employees know what 

records FCA keeps and where to find them. 

The Chief FOIA Officer/Acting FOIA Officer is able to obtain all necessary Information 

Technology (IT) support. However, because of the small size of the FOIA staff and relatively 

small number of FOIA requests each year, the need for IT support is limited. Nevertheless, the 

Chief FOIA Officer maintains a close and cordial working relationship with the Office of the 

Chief Information Officer (OCIO), which ensures adequate IT support. The OCIO has a Helpline 

that provides 24 hour service.
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III. Steps Taken To Increase Proactive Disclosures

The FCA has an updated Web site. Staff has worked with the website developers to increase the 

emphasis on public participation and to make available additional current documents and a greater 

number of key agency documents. The Agency continuously updates its Web site to include 

relevant and interesting information for the public. The FCA posts on its Web site numerous 

documents of interest, including its governing statutes, regulations, FCA Board Policies, FCA 

Bookletters, the FCA Examination Manual, Information Memoranda, and other materials 

pertaining to the FCA and the institutions it regulates. Summaries of selected legal opinions 

prepared by the FCA’s Office of General Counsel and public comments received by the FCA on 

proposed regulations and other policy documents are also posted on the Web site. Examples of 

additional material provided since issuance of the new FOIA Guidelines include: the FCA 

Performance and Accountability Report, Fiscal Year 2009; the remarks of Chairman Leland A. 

Strom before the House Agriculture Subcommittee on Conservation, Credit, Energy, and 

Research on June 11, 2009; and the Fact Sheet on Director Elections Proposed Rule (which is a 

new page on the Web site that contains an archive of the rulemaking fact sheets that FCA has 

issued since 2005). 

IV. Steps Taken To Greater Utilize Technology

1. Does your agency currently receive requests electronically?

Yes.

2. If not, what are the current impediments to your agency establishing a mechanism to receive 

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

Yes.

4. If not, what are the current impediments to your agency utilizing a system to track requests 

electronically?

Not applicable.

5. Does your agency use technology to process requests?

No.

6. If not, what are the current impediments to your agency utilizing technology to process 

requests?
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Due to the small number of requests, the Agency has no plans at present to use automated FOIA 

processing, i.e., electronic scanning of responsive records and redacting of electronic records. 

FCA’s current procedures produce timely responses, and electronic scanning and redacting may 

not be cost effective given the small number of FOIA requests FCA receives. 

7. Does your agency utilize technology to prepare you agency Annual FOIA Report?

No.

8. If not, what are the current impediments to your agency utilizing technology in preparing your 

Annual FOIA Report?

The number of requests to the FCA is so small that using technology to prepare the Annual FOIA 

Report is unnecessary and would not be cost-effective.

V. Steps Taken to Reduce Backlogs and Improve Timeliness in Responding to Requests

1. The Agency does not have a backlog, and we do not remember there ever being one in prior 

years. In the time period we examined, the FCA responded to all FOIA requests and FOIA 

appeals within the requisite 20 business days of receipt. In fact, as reported in FCA’s last annual 

FOIA report, the Agency’s median response time for FY 2009 was 7 business days. 

2. If there has not been a reduction in the backlog describe why that has occurred and what steps 

your agency is taking to bring about a reduction.

Not applicable.

3. Describe the steps your agency is taking to improve timeliness in responding to requests and to 

administrative appeals.

Not applicable.