Farm Credit Administration 

Freedom of Information Act Annual Report 

FY 2012

I. BASIC INFORMATION REGARDING REPORT 

1. Name, title, address, and telephone number of person(s) you may contact with questions about the Re

Jane M. Virga, Senior Counsel, Chief FOIA Officer Farm Credit Administration Office of General Counsel 1501 Farm Credit Drive McLean, VA 22102-5090 703-883-4071 Jeffrey C. Pienta, Senior Attorney, FOIA Officer Farm Credit Administration Office of General Counsel 1501 Farm Credit Drive McLean, VA 22102-5090 703-883-4431 

2. Electronic address for Report on the World Wide Web. 

http://www.fca.gov/home/freedom_info.html 

3. How to obtain a copy of the Report in paper form. 

Contact Jane Virga or Jeffrey Pienta, at the above address. 

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II. MAKING A FOIA REQUEST 

1. FOIA requests to FCA must be made by mail, facsimile, or email at the following addresses: 

Freedom of Information Act Officer 

1501 Farm Credit Drive McLean, VA 22102-5090 (703) 883-4129 Fax: (703) 790-0052 foiaofficer@fca.gov Note: the FCA does not have any individual agency components. 

2. The FOIA is a law that gives the public access to Federal agency records unless they are exempt or e

subject to the FOIA. Under the various FOIA exemptions, the FCA withholds confidential financial 

information, personal information, deliberative materials, attorney work product, legal advice, and b

materials. Examples of these kinds of records are: Reports of Examination and workpapers, memoradvice and recommendations, legal opinions, personal notes, and some personnel records. The FCA 

following records: Bookletters, Informational memoranda, newsletters, news releases, the telephone information, the Policy and Procedure Manual, and transcripts of public testimony. With respect to exclusions, Congress excluded three discrete categories of law enforcement and natiofrom FOIA’s requirements. See 5 U.S.C. § 552(c) (2006 & Supp. IV (2010). Thus, FCA limits its rrecords that are subject to the FOIA’s requirements. FCA provides a notice to this effect on its webpFOIA response and thus requesters should not take such notices as an indication that excluded record

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS 

1. Agency-specific acronyms or other terms. 

Farm Credit Administration (FCA or Agency) 

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2. Definitions of terms used in this Report: 

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

determination made by the agency at the initial request level. b. Average Number – the number obtained by dividing the sum of a group of numbers by the quantgroup. For example, of 3, 7, and 14, the average number is 8. c. Backlog – the number of requests or administrative appeals that are pending at an agency at the enthat are beyond the statutory time period for a response. d. Component – for agencies that process requests on a decentralized basis, a “component” is an enreferred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processes FFOIA now requires that agencies include in their Annual FOIA Report data for both the agency overprincipal component of the agency. e. Consultation – the procedure whereby the agency responding to a FOIA request first forwards a ragency for its review because that other agency has an interest in the document. Once the agency in rconsultation finishes its review of the record, it responds back to the agency that forwarded it. That then respond to the FOIA requester. f. Exemption 3 Statute – a federal statute that exempts information from disclosure and which the withhold information under subsection (b)(3) of the FOIA. g. FOIA Request – a FOIA request is generally a request to a federal agency for access to records cperson (i.e., a “third-party” request), or concerning an organization, or a particular topic of interest. include requests made by requesters seeking records concerning themselves (i.e., “first-party” requesrequesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-pshould be afforded the benefit of both the access provisions of the FOIA as well as those of the Priva

requests also include any first-party requests where an agency determines that it must search beyond 

“systems of records” or where a Privacy Act exemption applies, and the agency looks to FOIA to aff

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possible access. All requests which require the agency to utilize the FOIA in responding to the reque

this Report. Additionally, a FOIA request includes records referred to the agency for processing and direct responIt does not, however, include records for which the agency has received a consultation from another (Consultations are reported separately in Section XII of this Report.) h. Full Grant – an agency decision to disclose all records in full in response to a FOIA request. i. Full Denial – an agency decision not to release any records in response to a FOIA request becaus

exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural rea

records could be located. j. Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median nu

k. Multi-Track Processing – a system in which simple requests requiring relatively minimal review processing track and more voluminous and complex requests are placed in one or more other tracks. expedited processing are placed in yet another track. Requests in each track are processed on a first 

i. Expedited Processing – an agency will process a FOIA request on an expedited basis whe

the requirements for expedited processing as set forth in the statute and in agency regulatio

ii. Simple Request – a FOIA request that an agency using multi-track processing places in it

expedited) track based on the low volume and/or simplicity of the records requested. 

iii. Complex Request – a FOIA request that an agency using multi-track processing places in 

on the high volume and/or complexity of the records requested. 

l. Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose porand to withhold other portions that are exempt under the FOIA, or to otherwise deny or otherwise derequest for a procedural reason. 

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m.Pending Request or Pending Administrative Appeal – a request or administrative appeal for w

not taken final action in all respects. n. Perfected Request – a request for records which reasonably describes such records and is made ipublished rules stating the time, place, fees (if any) and procedures to be followed. o. Processed Request or Processed Administrative Appeal – a request or administrative appeal fohas taken final action in all respects. p. Range in Number of Days – the lowest and highest number of days to process requests or adminq. Time Limits – the time period in the statute for an agency to respond to a FOIA request (ordinaridays from receipt of a perfected FOIA request). 

3. Concise descriptions of the nine FOIA exemptions: 

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

b. Exemption 2: internal agency rules and practices c. Exemption 3: information that is prohibited from disclosure by another federal law d. Exemption 4: trade secrets and other confidential business information e. Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges f. Exemption 6 : information involving matters of personal privacy g. Exemption 7: records or information compiled for law enforcement purposes, to the extent that the prrecords (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a 

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fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted inva

privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would discprocedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enfoor prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individh. Exemption 8: information relating to the supervision of financial institutions i. Exemption 9 geological information on wells 

IV. EXEMPTION 3 STATUTES 

A. Exemption 3 Statutes Relied Upon to Withhold Information 

Statute Type of Information Withheld Case Citation Number of Times 

Relied upon per 

Component 

T

41 U.S.C. 

§ 4702(b) 

Contractor proposals that 

are in the possession or 

control of an executive 

agency and that have not 

been set forth or 

incorporated by reference 

into contracts. 

Sinkfield v. HUD, No. 10-885, 2012 U.S. Dist. 

LEXIS 35233, at *13-15 (S.D. Ohio Mar. 15, 

2012); Hornbostel v. U.S. Dep't of the Interior, 

305 F. Supp. 2d 21, 30 (D.D.C. 2003), summary 

affirmance granted, No. 03-5257, 2004 WL 

1900562 (D.C. Cir. Aug. 25, 2004). 

N/A 

V. FOIA REQUESTS 

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 

Agency Overall 2 34 35 1 

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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 

Number of 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 

Another 

Reason 

Not 

Agency 

Record 

Dup

Re

AGENCY 

OVERALL 

13 6 3 12 0 0 0 0 1 0 

B. (2) Disposition of FOIA Requests – Other Reasons 

Agency Overall Description of “Other” Reasons for 

Denial from Chart B(1) & Number of 

Times Those Reasons Were Relied Upon 

Total 

N/A N/A N/A 

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

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 

Agency Overall 

N/A N/A 1 1 2 2 N/A N/A N/A N/A N/A N/A 4 N/A 

VI. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS 

A. Received, Processed and Pending Administrative Appeals 

Number of 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 

0 0 0 0 

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B. Disposition of Administrative Appeals -- All Processed Appeals 

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 

N/A N/A N/A N/A N/A 

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

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 

0 0 0 0 0 0 0 0 0 0 0 0 0 0 

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

No Records Records 

Referred at 

Initial 

Request 

Level 

Request 

Withdrawn 

Fee-Related 

Reason 

Records Not 

Reasonably 

Described 

Improper 

Request for 

Other 

Reasons 

Not Agency 

Record 

Duplicate 

Request or 

Appeal 

Request in 

Litigation 

N/A N/A N/A N/A N/A N/A N/A N/A N/A 

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C. (3) Reasons for Denial on Appeal – Other Reasons 

Description of “Other” Reasons for Denial on Appeal from Chart C(2) & Number 

of Times Those Reasons Were Relied Upon 

TOTAL 

0 0 

C. (4) Response Time for Administrative Appeals 

Median Number of Days Average Number of Days Lowest Number of Days Highest Number of Days 

N/A N/A N/A N/A 

C. (5) Ten Oldest Administrative Appeals 

10th 

Oldest 

Appeal 

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

Appeal 

Date of 

Receipt 

of Ten 

Oldest 

Appeals 

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 

Number 

of Days 

Pending 

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 

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VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED AND PENDING REQUESTS 

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

Simple Complex Expedite

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 o

Days 

Agency Overall 12.5 11.71 1 20 N/A N/A N/A N/A 8 11 

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

Simple Complex Expedite

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 o

Days 

Agency Overall 15 13.53 2 19 N/A N/A N/A N/A 18 16 

C. Processed Requests – Response Time in Day Increments 

1. All Non-Expedited Requests (We do not have a multi-track system so VII.C.2. is an em

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 

AGENCY OVERALL 28 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 

3. All Expedited Requests 

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 

AGENCY OVERALL 7 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 

10
 

D. Pending Requests – All Pending Perfected Requests 

Simple Complex Expedited Processing 

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 

AGENCY 

OVERALL 

1 7 7 N/A N/A N/A N/A N/A N/A 

E. Pending Requests – Ten Oldest Perfected Requests 

SubRow 

Heading 

10th 

Oldest 

Request 

and 

Number 

of Days 

Pending 

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

Request 

and 

Number 

of Days 

Pending 

AGENCY 

OVERALL 

Date of 

Receipt N/A N/A N/A N/A N/A N/A N/A N/A N/A 2012-

09-20 

Number 

of Days 

Pending 

N/A N/A N/A N/A N/A N/A N/A N/A N/A 7 

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 

AGENCY 

OVERALL 7 0 7 6.71 7 

B. Requests for Fee Waiver 

Number Granted Number Denied Median Number of Days 

to Adjudicate 

Average Number of 

Days to Adjudicate 

AGENCY OVERALL 35 0 12 11.57 

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IX. FOIA PERSONNEL AND COSTS1 

PERSONNEL COSTS 

Number of 

“Full-Time 

FOIA 

Employees” 

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 

Costs 

Total 

Costs 

AGENCY 

OVERALL 

0 1 1 $33,014 0 $33,014 

X. FEES COLLECTED FOR PROCESSING REQUESTS 

Total Amount of Fees 

Collected 

Percentage of Travel 

Costs 

AGENCY 

OVERALL 

0 0% 

XI. FOIA REGULATIONS 

http://www.fca.gov/Download/Handbook/FCARegs.pdf

1 Pursuant to an FCA designation with the Farm Credit Insurance Corporation’s (FCSIC) concurrence, individuals

serving in the following positions at FCA act in the same manner and position for FCSIC: Chief FOIA Officer, FOIA

Public Liaison, FOIA Requester Service Center, and FOIA/PA Officer. The personnel numbers and costs reflected in

this table include the combined total of that which is attributable to FCA employees processing FCA and FCSIC FOIA

requests.

12
 
 

 

XII. BACKLOGS, CONSULTATIONS, AND COMPARISONS 

A. Backlogs of FOIA Requests and Administrative Appeals 

Number of Backlogged 

Requests as of End of 

Fiscal Year 

Number of Backlogged 

Appeals as of End of 

Fiscal Year 

AGENCY 

OVERALL 

0 0 

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

Consultations 

Number of 

Consultations 

Received from 

Other Agencies 

that Were 

Pending at 

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 

Agency During 

the Fiscal Year 

Number of 

Consultations 

Received from 

Other Agencies 

that Were 

Pending at 

Agency as of 

End of the 

Fiscal Year 

AGENCY 

OVERALL 

0 0 0 0 

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

Other Agencies and Pending at Agency 

10th Oldest 

Consultation 

and Number 

of Days 

Pending 

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

Oldest 

Consultation 

and Number 

of Days 

Pending 

AGENCY 

OVERALL 

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 

13
 
 

D. Comparison of Numbers of Requests from Previous and Current Annual 

Report – Requests Received, Processed, and Backlogged 

Number of Requests Received Number of Requests Processed 

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 

AGENCY 

OVERALL 

36 34 35 35 

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 

AGENCY 

OVERALL 

0 0 

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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 

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 

AGENCY 

OVERALL 

0 0 0 0 

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 

AGENCY 

OVERALL 

0 0 

F. Discussion of Other FOIA Activities (Optional) 

15