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OBTAINING INFORMATION UNDER THE FREEDOM OF INFORMATION ACT

Farm Credit System Insurance Corporation

The Farm Credit System Insurance Corporation (Corporation) was established by the Agricultural Credit Act of 1987 as an 

independent U.S. Government controlled corporation. The Corporation's primary purpose is to ensure the timely payment of 

principal and interest on insured notes, bonds, and other obligations issued on behalf of Farm Credit System banks. 

The Corporation is administered by a board of directors who serve concurrently as the Farm Credit Administration (FCA) 

Board. The Chairperson of the Corporation's Board is elected by the other members and must not be the same person as the 

FCA Chairman.

The Corporation administers the Farm Credit Insurance Fund (the Fund) and collects annual insurance premiums from System 

banks. Premium rates are calculated using a statutorily defined formula based on System loan volume with different rates for 

accrual loans, nonaccrual loans, and loans guaranteed by Federal or State governments.

The Freedom of Information Act

The Freedom of Information Act, 5 U.S.C. § 552 (FOIA), generally provides that any person has a right enforceable in court, 

of access to Federal “agency records,” except to the extent that such records, or portions thereof, are protected from disclosure 

by one of the FOIA exemptions or exclusions. This Handbook is intended to help the public understand the FOIA. It is not 

intended to affect any persons’ rights under the FOIA. For the purposes of the Freedom of Information Act, the Corporation is 

an “agency.”

“Agency” records are documentary materials, such as books, papers, maps, photographs, and machine-readable materials, 

regardless of physical form or characteristics (e.g., electronic form or format), in the Corporation’s possession and control at 

the time the FOIA request is made. The following are not included within the definition of “agency record”:

• Objects or articles, such as structures, furniture, vehicles, and equipment, whatever their historical value, or value as 

evidence.

• Anything that is not a tangible or documentary record, such as an individual’s memory or oral communication.

• Personal records of an individual not subject to Corporation creation or retention requirements, created and 

maintained primarily for the convenience of an Corporation employee, and not distributed to other Corporation

employees for their official use.

• Information stored within a computer for which there is no existing computer program for retrieval of the requested 

information.

• Hard copy or electronic records that are available to the public through an established distribution system.

The basic purpose of the FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society. Society’s 

interest in open government can conflict with other important interests of the general public — such as the public’s interests in 

the effective and efficient operations of government and in the preservation of the confidentiality of sensitive, personal, 

commercial, and governmental information. The FOIA seeks to accomplish the goals of ensuring responsible disclosure and 

appropriately protecting all interests.

The Corporation’s FOIA regulations, found at 12 C.F.R. Part 1402, are at Appendix I. 
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The FOIA Exemptions

A brief discussion of the FOIA exemptions follows:

Exemption 1. Those records properly and currently classified in the interest of national defense or foreign policy, as 

specifically authorized under criteria established by an Executive order.

Exemption 2. Records related solely to the internal personnel rules and practices of the Corporation, including matters which 

are for the guidance of Corporation personnel.

Exemption 3. Records which are specifically exempted from disclosure by statute which permits no discretion on the issue.

Exemption 4. Records containing privileged or confidential commercial or financial information obtained from any person or

organization.

Exemption 5. Records containing inter-agency or intra-agency memorandums or letters which would not be available by law 

to a party in litigation with the Corporation.

Exemption 6. Personnel and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal 

privacy.

Exemption 7. Records or information compiled for law enforcement purposes, but only to the extent that the production of 

such law enforcement records or information:

(i) Could reasonably be expected to interfere with enforcement proceedings;

(ii) Would deprive a person of a right to a fair trial or an impartial adjudication;

(iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;

(iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or 

authority or any private institution which furnished information on a confidential basis, and in the case of a record or 

information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency 

conducting a lawful national security intelligence investigation, information furnished by a confidential source;

(v) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose 

guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk 

circumvention of the law; or

(vi) Could reasonably be expected to endanger the life or physical safety of any individual.

Exemption 8. Records of or related to examination, operation, reports of condition and performance, or reports of or related to 

Farm Credit institutions or institutions that are regulated and/or examined by the FCA, on behalf of the Corporation, that are 

prepared by, on behalf of, or for the Corporation’s use.

Exemption 9. Records containing geological and geophysical information and data (including maps) concerning wells.

The Corporation records described above may be protected by one or more of the FOIA exemptions.

The FOIA Exclusions

Congress also provided special protection in the FOIA for three narrow categories of law enforcement and national security 

records. The provisions protecting those records are known as “exclusions.” 

1. The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the 

investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement 

proceedings. 

2. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when

the informant’s status has not been officially confirmed. 

3. The third exclusion is limited to the FBI and protects the existence of foreign intelligence or counterintelligence, or 

international terrorism records when the existence of such records is classified.

Records falling within an exclusion are not subject to the requirements of the FOIA. So when FCSIC responds to FOIA 

requests, it will limit its response to those records that are subject to the FOIA.
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The Current Index

The Corporation’s current index listing the Corporation’s reading room materials, which is required by 5 U.S.C. 552(a)(2), is at 

Appendix II.

The FOIA Request

A FOIA request is a written request for Corporation records, made by any person, organization, or business, that either 

explicitly or implicitly invokes the FOIA or the Corporation’s FOIA regulations at 12 C.F.R. Part 1402. The requester must 

provide a reasonable description of the requested records to enable Government personnel to locate them with a reasonable 

amount of effort. A description should include, where possible, specific information as to dates, titles, and subject matter. The 

requester should indicate a willingness to pay fees if more than 2 hours of search effort or 100 pages of records are desired.

Requests for Corporation records must be in writing, clearly marked “FOIA Request,” and addressed to the Freedom of 

Information Officer, Farm Credit System Insurance Corporation, McLean, Virginia 22102-5090. Requests may be sent by 

mail, facsimile ((703) 790-0052), or electronic means (foiaofficer@fcsic.gov). The Chief FOIA Officer, Jane Virga, may be 

reached at (703) 883-4071 or virgaj@fcsic.gov.

Upon receipt of a request for records made in accordance with the provisions of the Corporation’s regulations, the Corporation

will make the records or portions thereof available as promptly as practicable, except for those portions protected from 

mandatory disclosure by one of the nine FOIA exemptions enumerated above. Reasonably segregable portions of a record will 

be provided after deleting the exempt portions. Generally, the Corporation will promptly process a FOIA request and provide a 

response determination in 20 business days.

When a request for a record is denied in whole or in part the Freedom of Information Officer will explain the exemptions that

are the basis for the denial, provide a brief statement describing what the exemption(s) cover, and provide the procedures for 

appealing the determination. 

The final response to the requester will contain information concerning the fee status of the request.

Appeals

A requester has 30 days from the date of receipt of our letter to appeal the withholding of part or all of a record. The appeal 

must be in writing. It may be sent by mail to the Chief Financial Officer, 1501 Farm Credit Drive, McLean, VA 22102-5090 

and clearly marked “FOIA Appeal” or by electronic means to foiaappeal@fcsic.gov.” A FOIA appeal has been received by the 

Corporation when it reaches the office of the Chief Financial Officer.

The Chief Financial Officer will act upon an appeal within 20 business days of the receipt, or any extension thereof, and will 

notify the requester in writing of the determination. If the determination on the appeal upholds in whole or in part the denial of 

the request for records, or, if a determination on the appeal has not been mailed at the end of the 20-day period or the last 

extension thereof, the requester is deemed to have exhausted his or her administrative remedies and has the right of review in a 

district court of the United States.

When an appellate authority makes a final determination to release all or a portion of the records withheld by the Freedom of 

Information Officer, a written response and a copy of the records so released will be forwarded promptly to the requester after 

compliance with any preliminary procedural requirements, such as payment of fees.

Fees

Pursuant to the FOIA and a Corporation regulation at 12 C.F.R. § 1402.21, the Corporation may charge fees for document 

search, review, and reproduction costs. The amount of fees depends on the type of requester. There are four categories of 

requesters:

Commercial use requester. A request for information that is from or on behalf of an individual or entity seeking information 

for a use or purpose that furthers the commercial, trade, or profit interests of the requester or on whose behalf the request is 

being made. To determine whether a request is properly classified as a commercial use request, the Corporation will determine 

the purpose for which the documents requested will be used.
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Educational institution requester. A request for information that is from a preschool, a public or private elementary or 

secondary school, an institution of undergraduate higher education, an institution of graduate higher education, an institution of 

professional education, and an institution of vocational education that operates a program or programs of scholarly research.

Noncommercial scientific institution requester. A request for information that is from an institution that is not operated on a 

commercial, trade, or profit basis and that is operated solely for the purpose of conducting scientific research, the results of 

which are not intended to promote any particular product or industry.

Representative of the news media requester. A request for information that is from any person actively gathering news for an 

entity that is organized and operated to publish or broadcast news to the public. The term news means information that is about 

current events or that would be of current interest to the public. Examples of news media entities include television or radio 

stations broadcasting to the public at large and publishers of periodicals (but only in those instances when the periodicals can 

qualify as disseminators of news) who make their products available for purchase or subscription by the general public.

The Corporation will charge fees for records requested by persons or entities making a commercial use request in an amount 

that equals the full direct costs for searching for, reviewing for release, and reproducing the records sought. Commercial use 

requesters are not entitled to 2 hours of free search time nor 100 free pages of reproduction of documents, and may be charged 

the costs of searching for and reviewing records even if there is ultimately no disclosure of records.

The Corporation will charge fees for records requested by or on behalf of educational institutions and noncommercial scientific 

institutions in an amount that equals the cost of reproducing the documents responsive to the request, excluding the costs of 

reproducing the first 100 pages. For a request to be included in this category, requesters must show that the request being made 

is authorized by and under the auspices of a qualifying institution and that the records are not sought for a commercial use but 

are sought in furtherance of scholarly research (if the request is from an educational institution) or scientific research (if the 

request is from a noncommercial scientific institution).

The Corporation will charge fees for records requested by representatives of the news media in an amount which equals the 

cost of reproducing the documents responsive to the request, excluding the costs of reproducing the first 100 pages. For a 

request to be included in this category the requester must qualify as a representative of the news media and the request must not 

be made for a commercial use. A request for records supporting the news dissemination function of the requester will not be 

considered to be a request that is for a commercial use. 

The Corporation will charge fees for records requested by persons or entities that are not classified in any of the above 

categories in an amount that equals the full reasonable direct cost of searching for and reproducing records that are responsive 

to the request, excluding the first 2 hours of search time and the cost of reproducing the first 100 pages of records. Requesters 

in this category may be charged the cost of searching for records even if there is ultimately no disclosure of records, excluding 

the first 2 hours of search time.

Records are reproduced at a rate of $.15 per page. For copies prepared by computer, such as tapes or printouts, the requester 

will be charged the actual cost, including operator time, of production of the tape or printout. For other methods of reproduction, the actual direct costs of producing the document(s) will be charged. 

Waiver or Reduction of Fees

The Corporation may grant a waiver or reduction of fees if the Corporation determines that disclosing the information is in the 

public interest because it is likely to contribute significantly to public understanding of the operations or activities of the 

Government and the disclosure of the information is not primarily in the commercial interest of the requester. The Corporation

will not charge fees to any requester, including commercial use requesters, if the cost of collecting a fee would be equal to or 

greater than the fee itself. The elements to be considered in determining the "cost of collecting a fee" are the administrative 

costs of receiving and recording a requester's remittance and processing the fee.

Advance Payments

Where it is anticipated that fees will amount to more than $25 and the requester has indicated a willingness to pay fees, the

request will be processed so that the fees do not exceed the agreed upon amount. If the requester has not indicated in advance a 

willingness to pay fees as high as are anticipated, the requester will be promptly notified of the amount of the anticipated fees 

and the requester’s concurrence with the fee amount will be obtained prior to further processing of the request. 
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If the anticipated fees exceed $250 and if the requester has a history of promptly paying fees charged in connection with 

information requests, the Corporation may obtain satisfactory assurances that the requester will fully pay the fees anticipated 

and process the FOIA request without any advance payment. If the anticipated fees exceed $250 and if the requester has no 

history of paying fees charged in connection with information requests, the Corporation may require an advance payment of 

fees in an amount up to the full amount anticipated. If the requester has previously failed to pay a fee charged in connection 

with information requests, the Corporation may require the requester to pay the fees owed, plus interest, or demonstrate that the 

full amount owed has been paid, and require the requester to make an advance payment of the full amount of the fees 

anticipated before processing a new request or a pending request from that requester.

Reading Room

The Corporation’s Reading Room is located at 1501 Farm Credit Drive, McLean, VA 22102-5090.

Home Page

The Corporation’s home page may be found on the World Wide Web at http://www.fcsic.gov. 

Annual FOIA Report

The Corporation’s annual FOIA report may be obtained on the Corporation’s home page or by directing a request to the 

Freedom of Information Officer, Farm Credit System Insurance Corporation, McLean, Virginia 22102-5090, by mail, facsimile 

(703-790-0052), or electronic means. Annual reports may also be requested by telephone at (703) 883-4129.

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Appendix I

RELEASING INFORMATION

Subpart B – Availability of Records of the Farm Credit System Insurance Corporation

§ 1402.10 Official records of the Farm Credit System Insurance Corporation.

(a) The Farm Credit System Insurance Corporation shall, upon any request for records which reasonably describes them and is 

made in accordance with the provisions of this subpart, make the records available as promptly as practicable to any person, 

except exempt records, which include the following:

 (1) Records specifically authorized under criteria established by an Executive order to be kept secret in the interest of 

national defense or foreign policy and are in fact properly classified pursuant to such Executive order;

 (2) Records related solely to the internal personnel rules and practices of the Farm Credit System Insurance Corporation, 

including matters which are for the guidance of agency personnel;

 (3) Records which are specifically exempted from disclosure by statute;

 (4) Trade secret, commercial, proprietary, or financial information obtained from any person or organization and privileged 

or confidential;

 (5) Inter-agency or intra-agency memorandums or letters which would not be available by law to a private party in 

litigation with the Farm Credit System Insurance Corporation or in litigation in which the United States, as a real party in 

interest on behalf of the Farm Credit System Insurance Corporation, is a party;

 (6) Personnel and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

 (7) Records or information compiled for law enforcement purposes, but only to the extent that the production of such law 

enforcement records or information:

 (i) Could reasonably be expected to interfere with enforcement proceedings;

 (ii) Would deprive a person of a right to a fair trial or an impartial adjudication;

 (iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;

 (iv) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign 

agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record 

or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency 

conducting a lawful national security intelligence investigation, information furnished by a confidential source;

 (v) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose 

guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk 

circumvention of the law; or

 (vi) Could reasonably be expected to endanger the life or physical safety of any individual; and

 (8) Records of or related to examination, operation, reports of condition and performance, or reports of or related to Farm 

Credit System institutions and that are prepared by, on behalf of, or for the use of the Farm Credit System Insurance 

Corporation.

(b) Any reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the 

portions which are exempt under this section.

(c) This section does not authorize withholding of information or limit the availability of records to the public, except as 

specifically stated in this section. This section is not authority to withhold information from Congress.

§ 1402.11 Current index.

The Farm Credit System Insurance Corporation will make available for public inspection and copying a current index to 

provide identifying information as to any matter required by 5 U.S.C. 552(a)(2)(C) to be made available or published in the 

Federal Register. Because of the anticipated infrequency of requests for material required to be indexed, it is determined that 

the publication of the index in the Federal Register is unnecessary and impracticable. However, the Farm Credit System 

Insurance Corporation will provide a copy of such index to a member of the public upon request therefore at a cost not in 

excess of the direct cost of duplication.
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§ 1402.12 Identification of records requested.

A member of the public who requests records from the Farm Credit System Insurance Corporation shall provide a reasonable 

description of the records sought including, where possible, specific information as to dates, titles, and subject matter, so that

such records may be located without undue search or inquiry. If a record is not identified by a reasonable description, the 

request therefore may be denied.

1402.13 Request for records.

Requests for records shall be in writing and addressed to the attention of Freedom of Information Officer, Farm Credit System

Insurance Corporation, McLean, Virginia 22102. A request improperly addressed will be deemed not to have been received 

for purposes of the 20-day time period set forth in § 1402.14(a) of this part until it is received, or would have been received, by 

the Freedom of Information Officer with the exercise of due diligence by Corporation personnel. Records requested in 

conformance with this subpart and which are not exempt records may be received in person or by mail as specified in the 

request. Records to be received in person will be available for inspection or copying during business hours on a regular 

business day in the offices of the Farm Credit System Insurance Corporation, McLean, Virginia 22102.

§ 1402.14 Response to requests for records.

(a) Within 20 days (excluding Saturdays, Sundays, and legal public holidays), or any extensions thereof as provided in 

paragraph (d) of this section, of the receipt of a request by the Freedom of Information Officer, the Freedom of Information 

Officer shall determine whether to comply with or deny such request and transmit a written notice thereof to the requester.

(b) Within 30 days of the receipt of a notice denying, in whole or in part, a request for records, the requester may appeal the 

denial. The appeal shall be in writing addressed to the Chief Financial Officer, Farm Credit System Insurance Corporation, and 

both the letter and envelope shall be clearly marked "FOIA Appeal." An appeal improperly addressed shall be deemed not to 

have been received for purposes of the 20-day time period set forth in paragraph (c) of this section until it is received, or would 

have been received with the exercise of due diligence by Farm Credit System Insurance Corporation personnel.

(c) Within 20 days (excluding Saturdays, Sundays, and legal public holidays), or any extension thereof as provided in 

paragraph (d) of this section, of the receipt of an appeal, the Farm Credit System Insurance Corporation shall act upon the 

appeal and place a notice of the determination thereof in writing in the mail addressed to the requester. If the determination on 

the appeal upholds in whole or in part the denial of the request for records, or, if a determination on the appeal has not been 

mailed at the end of the 20-day period or the last extension thereof, the requester is deemed to have exhausted that person's 

administrative remedies, giving rise to a right of review in a district court of the United States as specified in 5 U.S.C. 

552(a)(4). When a determination cannot be mailed within the applicable time limit, the appeal will nevertheless be processed. 

In such case, upon the expiration of the time limit, the requester will be informed of the reason for the delay, of the date on 

which a determination may be expected to be mailed, and of that person's right to seek judicial review. The requester may be

asked to forego judicial review until determination of the appeal.

(d) In "unusual circumstances," the 20-day time limit prescribed in paragraphs (a) and (c) of this section, or both, may be 

extended by the Freedom of Information Officer or, in the case of an appeal, by the General Counsel, provided that the total of 

all extensions does not exceed 10 days (excluding Saturdays, Sundays, and legal public holidays). Extensions shall be made by 

written notice to the requester setting forth the reasons for the extension and the date on which a determination is expected to 

be dispatched. As used in this paragraph, "unusual circumstances" means, but only to the extent reasonably necessary to the 

proper processing of the request:

 (1) The need to search for and collect the requested records from facilities or other establishments that are separate from the 

office processing the request;

 (2) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which 

are demanded in a single request; or

 (3) The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial 

interest in the determination of the request or among two or more components of the agency having a substantial subject matter 

interest therein.

(e) A requester may obtain, upon request, expedited processing of a request for records when the requester demonstrates a 

"compelling need" for the information. The Freedom of Information Officer will notify the requester within 10 calendar days 

after receipt of such a request whether the Corporation granted expedited processing. If expedited processing was granted, the 

request will be processed as soon as practicable.

 (1) For the purposes of this paragraph, "compelling need" means:

 (i) That a failure to obtain requested records on an expedited basis could reasonably be expected to pose an imminent 

threat to the life or physical safety of an individual; or
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 (ii) With respect to a request made by a person primarily engaged in disseminating information, urgency to inform the 

public concerning actual or alleged Federal Government activity.

 (2) A requester shall demonstrate a compelling need by a statement certified by the requester to be true and correct to the 

best of such person's knowledge and belief.

 (3) The procedures of this paragraph (e) for expedited processing apply to both requests for information and to

administrative appeals.

§ 1402.15 Business information.

(a) Business information provided to the Farm Credit System Insurance Corporation by a business submitter shall not be 

disclosed pursuant to a Freedom of Information Act request except in accordance with this section. The requirements of this 

section shall not apply if:

 (1) The Farm Credit System Insurance Corporation determines that the information should not be disclosed;

 (2) The information lawfully has been published or otherwise made available to the public; or

 (3) Disclosure of the information is required by law (other than 5 U.S.C. 552).

(b) For the purpose of this section, the following definitions shall apply.

 (1) Business information means trade secrets or other commercial or financial information.

 (2) Business submitter means any person or entity which provides business information to the government. 

 (3) Requester means the person or entity making the Freedom of Information Act request.

(c)(1) The Freedom of Information Officer shall, to the extent permitted by law, provide a business submitter with prompt 

written notice of a request encompassing its business information whenever required under paragraph (d) of this section. Such 

notice shall either describe the exact nature of the business information requested or provide copies of the records or portions 

thereof containing the business information.

 (2) Whenever the Freedom of Information Officer provides a business submitter with the notice set forth in paragraph (c)(1) 

of this section, the Freedom of Information Officer shall notify the requester that the request includes information that may 

arguably be exempt from disclosure under 5 U.S.C. 552(b)(4) and that the person or entity who submitted the information to 

the Farm Credit System Insurance Corporation has been given the opportunity to comment on the proposed disclosure of 

information. 

(d)(1) The Farm Credit System Insurance Corporation shall provide a business submitter with notice of a request

whenever:

 (i) The business submitter has in good faith designated the information as commercially or financially sensitive

information; or 

 (ii) The Farm Credit System Insurance Corporation has reason to believe that the disclosure of the information may 

result in commercial or financial injury to the business submitter. 

 (2) Notice of a request for business information falling within paragraph (d)(1)(i) of this section shall be required for a 

period of not more than 10 years after the date of submission unless the business submitter requests and provides acceptable 

justification for a specific notice period of greater duration. 

 (3) Whenever possible, the business submitter's claim of confidentiality should be supported by a statement or certification 

by an officer or authorized representative of the business submitter that the information in question is in fact a trade secret or 

commercial or financial information that is privileged or confidential.

(e) Through the notice described in paragraph (c) of this section, the Farm Credit System Insurance Corporation shall, to the 

extent permitted by law, afford a business submitter a reasonable period within which it can provide the Farm Credit System 

Insurance Corporation with a detailed statement of any objection to disclosure. Such statement shall specify all grounds for 

withholding any of the information under any exemption and exclusion of the Freedom of Information Act and, in the case of 

the exemption provided by 5 U.S.C. 552(b)(4), shall demonstrate why the information is contended to be a trade secret or 

commercial or financial information that is privileged or confidential. Information provided by a business submitter pursuant 

to this paragraph may itself be subject to disclosure under the Freedom of Information Act.

(f)(1) The Farm Credit System Insurance Corporation shall consider carefully a business submitter's objections and specific 

grounds for nondisclosure prior to determining whether to disclose business information. Whenever the Farm Credit System 

Insurance Corporation decides to disclose business information over the objection of a business submitter, the Freedom of 

Information Officer shall forward to the business submitter a written notice which shall include:

 (i) A statement of the reasons for which the business submitter's disclosure objections were not sustained;

 (ii) A description of the business information to be disclosed; and 

 (iii) A specified disclosure date.
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 (2) The notice of intent to disclose required by this paragraph shall be sent, to the extent permitted by law, within a 

reasonable number of days prior to the specified date upon which disclosure is intended.

 (3) The Freedom of Information Officer shall send a copy of such disclosure notice to the requester at the same time the 

notice is sent to the business submitter. 

(g) Whenever a requester brings suit seeking to compel disclosure of business information covered by paragraph (d) of this 

section, the Farm Credit System Insurance Corporation shall promptly notify the business submitter of such action.

§ 1402.20 Definitions.

For the purpose of this subpart, the following definitions shall apply:

(a) Commercial use request means a request for information that is from or on behalf of an individual or entity seeking 

information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or on whose behalf the 

request is being made. To determine whether a request is properly classified as a commercial use request, the Farm Credit 

System Insurance Corporation shall determine the purpose for which the documents requested will be used. If the Farm Credit 

System Insurance Corporation has reasonable cause to doubt the purpose specified in the request, for which a requester will use 

the records sought, or where the purpose is not clear from the request itself, the Farm Credit System Insurance Corporation 

shall seek additional clarification before assigning the request to a specified category.

(b) Direct costs mean those expenditures the Farm Credit System Insurance Corporation actually incurs in searching for and 

reproducing documents to respond to a request for information. In the case of a commercial use request, the term also means 

those expenditures the Farm Credit System Insurance Corporation actually incurs in reviewing documents to respond to the 

request. The direct cost shall include the salary of the employee performing work (the basic rate of pay for the employee plus 

16 percent of that rate to cover benefits) and the cost of operating reproduction equipment. Not included in direct costs are 

overhead expenses such as costs of space, and heating or lighting the facility in which the records are stored.

(c) Educational institution means a preschool, a public or private elementary or secondary school, an institution of 

undergraduate higher education, an institution of graduate higher education, an institution of professional education, and an 

institution of vocational education that operates a program or programs of scholarly research.

(d) Noncommercial scientific institution refers to an institution that is not operated on a commercial, trade, or profit basis and 

that is operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any 

particular product or industry.

(e) Representative of the news media means any person actively gathering news for an entity that is organized and operated to 

publish or broadcast news to the public. The term news means information that is about current events or that would be of 

current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at 

large, and publishers of periodicals (but only in those instances when the periodicals can qualify as disseminators of "news") 

who make their products available for purchase or subscription by the general public. These examples are not intended to be 

all-inclusive. As traditional methods of news delivery evolve (e.g., electronic dissemination of newspapers through 

telecommunication services), such alternative media would be included in this category. "Freelance" journalists may be 

regarded as working for a news organization if they can demonstrate a solid basis for expecting publication through that 

organization even though they are not actually employed by the organization. A publication contract would be the clearest 

proof that a journalist is working for a news organization, but the Farm Credit System Insurance Corporation may look to a 

requester's past publication record to determine whether a journalist is working for a news organization.

(f) Reproduce and reproduction mean the process of making a copy of a document necessary to respond to a request for 

information. Such copies take the form of paper copy, microfilm, audio-visual materials, or machine readable documentation 

(e.g., magnetic tape or disk), among others. The copy provided shall be in a form that is reasonably usable by requesters.

(g) Review means the process of examining documents located in response to a request for information to determine whether 

any portion of any document located is permitted to be withheld. It also includes processing any documents for disclosure 

(e.g., doing all that is necessary to prepare the documents for release). The term review does not include the time spent 

resolving general legal or policy issues regarding the application of exemptions. The Farm Credit System Insurance 

Corporation shall only charge fees for reviewing documents in response to a commercial use request.

(h) Search includes all time spent looking for material that is responsive to a request for information, including page-by-page

or line-by-line identification of material within documents. Searching for material shall be done in the most efficient and least 
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expensive manner so as to minimize the costs of the Farm Credit System Insurance Corporation and the requester. For 

example, a line-by-line search for responsive material should not be performed when merely reproducing an entire document 

would be the less expensive and the faster method of complying with a request for information. Searches may be done 

manually or by computer using existing programming. A "search" for material that is responsive to a request should be 

distinguished from a "review" of material to determine whether the material is exempt from disclosure.

§ 1402.21 Categories of requesters--fees.

There are four categories of requesters: Commercial use requesters; educational and noncommercial scientific institutions; 

representatives of the news media; and all other requesters.

(a) The Farm Credit System Insurance Corporation shall charge fees for records requested by or on behalf of educational 

institutions and noncommercial scientific institutions in an amount which equals the cost of reproducing the documents 

responsive to the request, excluding the costs of reproducing the first 100 pages. For a request to be included in this category, 

requesters must show that the request being made is authorized by and under the auspices of a qualifying institution and that

the records are not sought for a commercial use but are sought in furtherance of scholarly research (if the request is from an 

educational institution) or scientific research (if the request is from a noncommercial scientific institution).

(b) The Farm Credit System Insurance Corporation shall charge fees for records requested by representatives of the news 

media in an amount which equals the cost of reproducing the documents responsive to the request, excluding the costs of 

reproducing the first 100 pages. For a request to be included in this category the requester must qualify as a representative of 

the news media and the request must not be made for a commercial use. A request for records supporting the news 

dissemination function of the requester shall not be considered to be a request that is for a commercial use. 

(c) The Farm Credit System Insurance Corporation shall charge fees for records requested by persons or entities making a 

commercial use request in an amount that equals the full direct costs for searching for, reviewing for release, and reproducing 

the records sought. Commercial use requesters are not entitled to 2 hours of free search time nor 100 free pages of 

reproduction of documents. In accordance with §1402.26, commercial use requesters may be charged the costs of searching 

for and reviewing records even if there is ultimately no disclosure of records.

(d) The Farm Credit System Insurance Corporation shall charge fees for records requested by persons or entities that are not 

classified in any of the categories listed in paragraphs (a), (b), or (c) of this section in an amount that equals the full reasonable 

direct cost of searching for and reproducing records that are responsive to the request, excluding the first 2 hours of search time 

and the cost of reproducing the first 100 pages of records. In accordance with § 1402.26, requesters in this category may be 

charged the cost of searching for records even if there is ultimately no disclosure of records, excluding the first 2 hours of 

search time.

(e) For purposes of the exceptions contained in this section on assessment of fees, the word pages refers to paper copies of 8-

1/2" x 11" or 11" x 14". Thus, requesters are not entitled to 100 microfiche or 100 computer disks, for example. A microfiche 

containing the equivalent of 100 pages or a computer disk containing the equivalent of 100 pages of computer printout meets 

the terms of the exception.

(f) For purposes of paragraph (d) of this section, the term search time has as its basis, manual search. To apply this term to 

searches made by computer, the Farm Credit System Insurance Corporation will determine the hourly cost of operating the 

central processing unit and the operator's hourly salary plus 16 percent of that rate. When the cost of search (including the 

operator time and the cost of operating the computer to process a request) equals the equivalent dollar amount of 2 hours of the 

salary of the person performing the search, i.e., the operator, the Farm Credit System Insurance Corporation will begin 

assessing charges for computer search.

§ 1402.22 Fees to be charged.

(a) Generally, the fees charged for requests for records shall cover the full allowable direct costs of searching for, reproducing, 

and reviewing documents that are responsive to a request for information. 

(b) Manual searches for records will be charged at the salary rate(s) (i.e., basic pay plus 16 percent of that rate) of the 

employee(s) making the search.

(c) Computer searches for records will be charged at the actual direct cost of providing the service. This will include the cost

of operating the central processing unit for that portion of operating time that is directly attributable to searching for records 

and the operator/programmer salary apportionable to the search. A charge shall also be made for any substantial amounts of 

special supplies or materials used to contain, present, or make available the output of computers, based upon the prevailing 

levels of costs to the Farm Credit System Insurance Corporation for the type and amount of such supplies of materials that are 
11

used. Nothing in this paragraph shall be construed to entitle any person or entity, as a right, to any services in connection with 

computerized records, other than services to which such person or entity may be entitled under the provisions of this subpart.

(d) Only requesters who are seeking documents for commercial use may be charged for time spent reviewing records to 

determine whether they are exempt from mandatory disclosure. Charges may be assessed only for the initial review; i.e., the 

review undertaken the first time the Farm Credit System Insurance Corporation analyzes the applicability of a specific 

exemption to a particular record or portion of a record. Records or portions of records withheld in full under an exemption that 

is subsequently determined not to apply may be reviewed again to determine the applicability of other exemptions not 

previously considered. The costs for such a subsequent review are assessable.

(e) Records will be reproduced at a rate of $.15 per page. For copies prepared by computer, such as tapes or printouts, the 

requester shall be charged the actual cost, including operator time, of production of the tape or printout. For other methods of 

reproduction, the actual direct costs of producing the document(s) shall be charged.

(f) The Farm Credit System Insurance Corporation will recover the full costs of providing services such as those enumerated 

below when it elects to provide them:

 (1) Certifying that records are true copies; or

 (2) Sending records by special methods such as express mail.

(g) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the United States, or a postal 

money order. Remittances shall be made payable to the order of the Farm Credit System Insurance Corporation.

(h) A receipt for fees paid will be given upon request.

§ 1402.23 Waiver or reduction of fees.

(a) The Farm Credit System Insurance Corporation may grant a waiver or reduction of fees if the Farm Credit System 

Insurance Corporation determines that the disclosure of the information is in the public interest because it is likely to contribute 

significantly to public understanding of the operations or activities of the Government, and the disclosure of the information is 

not primarily in the commercial interest of the requester.

(b) The Farm Credit System Insurance Corporation will not charge fees to any requester, including commercial use requesters, 

if the cost of collecting a fee would be equal to or greater than the fee itself. The elements to be considered in determining the 

"cost of collecting a fee" are the administrative costs of receiving and recording a requester's remittance and processing the fee.

§ 1402.24 Advance payments notice.

(a) Where it is anticipated that the fees chargeable will amount to more that $25 and the requester has not indicated in advance 

a willingness to pay fees as high as are anticipated, the requester shall be promptly notified of the amount of the anticipated fee 

or such portion thereof that can be readily estimated. 

(b) If the anticipated fees exceed $250 and if the requester has a history of promptly paying fees charged in connection with 

information requests, the Farm Credit System Insurance Corporation may obtain satisfactory assurances that the requester will

fully pay the fees anticipated.

(c) If the anticipated fees exceed $250 and if the requester has no history of paying fees charged in connection with information

requests, the Farm Credit System Insurance Corporation may require an advance payment of fees in an amount up to the full 

amount anticipated.

(d) If the requester has previously failed to pay a fee charged within 30 days of the date of a billing for fees charged in 

connection with information requests, the Farm Credit System Insurance Corporation may require the requester to pay the fees 

owed, plus interest, or demonstrate that the full amount owed has been paid, and require the requester to make an advance 

payment of the full amount of the fees anticipated before processing a new request or a pending request from that requester.

(e) The notice of the amount of an anticipated fee or a request for an advance deposit shall include an offer to the requester to

confer with identified Farm Credit System Insurance Corporation personnel to attempt to reformulate the request in a manner 

which will meet the needs of the requester at a lower cost.
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§ 1402.25 Interest.

The Farm Credit System Insurance Corporation may begin charging interest on unpaid fees, starting on the 31st day following 

the day on which the bill for such fees was sent. Interest will not accrue if payment of the fees has been received by the Farm 

Credit System Insurance Corporation, even if said payment has not been processed. Interest will accrue at the rate prescribed 

in section 3717 of title 31, United States Code, and will accrue from the day on which the bill for such fees was sent.

§ 1402.26 Charges for unsuccessful searches or reviews.

The Farm Credit System Insurance Corporation may assess charges for time spent searching for records on behalf of requesters 

in the categories provided for in § 1402.21(c) and (d), even if there are no records that are responsive to the request or there is 

ultimately no disclosure of records. The Farm Credit System Insurance Corporation may assess charges for time spent 

reviewing records for requesters in the category provided for in §1402.21(c) even if the records located are determined to be

exempt from disclosure.

§ 1402.27 Aggregating requests.

A requester may not file multiple requests at the same time, each seeking portions of a document or documents, solely in order 

to avoid payment of fees. When the Farm Credit System Insurance Corporation reasonably believes that a requester, or a group

of requesters acting in concert, is attempting to break a request down into a series of requests for the purpose of evading the 

assessment of fees, the Farm Credit System Insurance Corporation may aggregate any such requests and charge accordingly. 

One element to be considered in determining whether a belief would be reasonable is the time period over which the requests 

have occurred.
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Appendix II

CURRENT INDEX

1. FCA Handbook — statutes and regulations (set fee charged)

2. Corporation Board Policy Statements

3. Corporation’s Financial Statements

4. Final opinions (none at this time)

OBTAINING INFORMATION UNDER THE FREEDOM OF INFORMATION ACT

Farm Credit System Insurance

1501 Farm Credit Drive

McLean, VA 22102-5090

http://www.fcsic.gov

Chief FOIA Officer: Jane Virga

(703) 883-4071 

Fax: (703) 790-0052 

E-mail: virgaj@fcsic.gov