DEPARTMENT OF AGRICULTURE 

CHIEF FREEDOM OF INFORMATION 

ACT OFFICER REPORT

Date: March 2013 
 2013 Chief FOIA Report

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Table of Contents

SECTION ...............................................................................................................................................PAGE

EXECUTIVE SUMMARY ............................................................................................................ 3

SECTION I: STEPS TAKEN TO APPLY THE PRESUMPTION OF OPENNESS .................. .3

SECTION II: STEPS TAKEN TO ENSURE YOUR AGENCY HAS AN EFFECTIVE 

SYSTEM FOR RESPONDING TO REQUESTS ....................................................................... .6

SECTION III: STEPS TAKEN TO INCREASE PROACTIVE DISCLOURES ...................... ...7

SECTION IV: STEPS TAKEN TO GREATER UTILIZE TECHNOLOGY...............................10

SECTION V: STEPS TAKEN TO IMPROVE TIMELINESS IN RESPONDING TO 

REQUESTS AND REDUCE BACKLOGS .............................................................................................13
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EXECUTIVE SUMMARY

The mission of the United States Department of Agriculture’s (USDA) is to provide 

leadership on food, agriculture, natural resources, and related issues based on sound public 

policy, the best available science, and efficient management. Upon its creation in 1862, 

President Abraham Lincoln called USDA “the people’s department,” because it affects so 

many people’s lives in so many different ways, and earlier, President Thomas Jefferson, a 

farmer, noted that “cultivators of the earth are the most valuable citizens.” USDA works hard 

to keep these sentiments alive as it pursues its mission to provide leadership on food, 

agriculture, natural resources, and related issues based on sound public policy, the best 

available science, and efficient management.

USDA programs and activities affect every American, every day, by providing a safe and 

stable food supply, nutrition assistance, renewable energy, rural economic development, care 

for forest and conservation lands, and global opportunities for farm and forest products. 

USDA holds answers to some of the most pressing problems faced by our Nation and 

world—from meeting needs for renewable energy, and increasing crop yields to fight hunger, 

protecting the food supply to improving our environment and optimizing international trade. 

To successfully accomplish its mission, USDA operates 300 programs worldwide through an 

extensive network of Federal, State, and local cooperators. The USDA delivers more than 

$170.5 billion in budgetary resources to provide public services worldwide. 

USDA has a decentralized FOIA Program under the direction of the Chief FOIA Officer. 

There are twenty-one FOIA Officers at the mission area and agency levels. Because we are 

such a large Department, with offices in every county of the United States, our FOIA 

programs differ greatly in scope and size from one agency to another. 

The FOIA Service Center is the focal point for the coordination of USDA’s FOIA program. 

The FOIA Service Center provides agency-wide oversight to ensure compliance with FOIA. 

In FY2011 and FY2012, the FOIA Service Center spearheaded several initiatives to increase 

transparency, timeliness and quality of FOIA responses. The largest of the FOIA Service 

Center initiatives is the launch and migration of data to the agency wide tracking database. 

As of September 30, 2012, seventeen (17) of the twenty-one (21) service agencies have 

completely migrated its data to the agency-wide tracking system. Other notable FOIA 

Service Center initiatives included the creation of an online FOIA training module, revisions 

to USDA regulations and the launch of our newly designed FOIA website. 

Section I: Steps Taken to Apply the Presumption of Openness

The guiding principle underlying the President’s FOIA Memorandum and the Attorney 

General’s FOIA Guidelines is the presumption of openness.

Describe the steps your agency has taken to ensure that the presumption of openness is 

being applied to all decisions involving the FOIA. To do so, you should answer the 

questions listed below and then include any additional information you would like to 

describe how your agency is working to apply the presumption of openness.
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1. Did your agency hold an agency FOIA conference, or otherwise conduct training 

during this reporting period? Did your FOIA professionals attend any FOIA training, 

such as that provided by the Department of Justice?

Yes. On January 6, 2012, USDA charted a USDA-wide internal FOIA Council. The 

Council was assembled to provide a centralized forum for USDA’s FOIA community to (a) 

streamline inter and intra agency FOIA operations; (b) strengthen USDA’s FOIA regulations, 

policies and procedures; and (c) provide FOIA training and announce external training 

opportunities at the Department of Justice (DOJ), the Office of Government Information 

Services (OGIS) as well as those conducted by commonly known access training providers. 

The Council has established a few subcommittees comprised in large part by service agency 

FOIA Officers. All subcommittees are chaired by the Acting Department FOIA Officer and 

co-chaired by members of the FOIA Service Center staff. Unlike the Council which meets 

monthly, subcommittees convene on either a weekly or bi-weekly basis. Subcommittee 

initiatives during this reporting cycle are described in more detail below. 

Since its creation in early 2012, the Council established a nine member subcommittee to 

develop both a lite and extended FOIA training module for use on the Department’s learning 

management tool and repository, AgLearn. The lite module will provide USDA’s

community at large with an overview of FOIA, legislative authorities, and key FOIA 

resources for those called upon to respond to FOIA requests. 

The extended version is being developed for USDA’s FOIA specialists involved in the dayto-day processing of FOIA requests. This training is intended to provide the specialists with 

an in-depth training session on the statutory exemptions and there application. The 

anticipated target date for implementation of both modules is May 2013. 

A second five member subcommittee was formed in early May 2012 to revise USDA’s FOIA 

regulations. The FOIA Service Center anticipates a release of the draft regulations for 

internal clearance and coordination in 2013. 

 

As for training, multiple members of the USDA FOIA Community reported attending DOJ’s 

annual two day seminar for FOIA attorneys and access professional, DOJ’s advanced FOIA 

seminar, DOJ’s Annual FOIA and Chief FOIA Officer’s Reports seminar and OGIS’ dispute 

resolution skills training. 

In his 2009 FOIA Guidelines, the Attorney General strongly encouraged agencies to 

make discretionary releases of information even when the information might be 

technically exempt from disclosure under the FOIA. OIP encourages agencies to make 

such discretionary releases whenever there is no foreseeable harm from release.

2. Did your agency make any discretionary releases of otherwise exempt information?

Yes. Multiple USDA FOIA officers reported making discretionary releases of otherwise 

exempt information in fiscal year 2012.
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3. What exemptions would have covered the information that was released as a matter of 

discretion?

In reviewing all agency responses in the FOIA tracking tool, the Department FOIA Officer 

determined that Exemptions 5 U.S.C. §§ 552 (b)(4), (b)(5) and (b)(7) would have covered the 

information that was released as a matter of discretion.

 

5. Provide a narrative description, or some examples of, the types of information your 

agency released as a matter of discretion. 

Some examples of records released as a matter of discretion include materials related to 

USDA personnel rules and practices, inter and intra agency memorandums, USDA briefings, 

talking points, notes taken during enforcement proceedings and draft letters. The table 

below illustrates a few of the discretionary releases made by USDA’s FOIA officers and 

specialists. 

Action 

Office

Tracking 

Number

Exemption Codes Comments Received 

Date

Closed Date

FAS

2012-

FAS01164-F(b)(5)

could have invoked 

b5 in many more 

passages released 

instead

01/05/201209/28/2012

FSIS

2011-

FSIS00166-F(b)(4);(b)(7)(C)

The FOIA was 

negotiated to release 

Rocky Mountain 

Meats FSA.

04/13/201108/30/2012

REE

2012-

REE02538-F(b)(5)

a determination was 

made that no 

foreseeable harm 

would result if the 

information was 

released

05/30/201209/13/2012

2012-

REE03357-F(b)(5)

a determination was 

made that no 

foreseeable harm 

would result if the 

information was 

released

08/21/201209/19/2012

 

6. Describe any other initiatives undertaken by your agency to ensure that the 

presumption of openness is being applied.

The FOIA Service Center revamped the USDA FOIA website in an effort to ensure that the 

presumption of openness is being applied. Please see

http://www.dm.usda.gov/foia/index.htm. Beginning September 2012, FOIA requesters could 

submit their requests through the USDA’s public access link (PAL) in addition to the other 

traditional methods of submitting a request. Once the requester completes registration, they 

can quickly submit a request, check the status of FOIA(s) submitted online and retrieve 

responsive records in connection with any of their online requests. 
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Reading rooms on the site were also revised to incorporate recommendations provided in the 

July 2012 Government Accountability Office Report titled “Freedom of Information Act –

Additional Actions Can Strengthen Agency Efforts to Improve Management” (GAO Report). 

In addition to the items required by the Electronic Freedom of Information Act Amendments, 

there is now a link to the USDA site providing summaries of each opinion in fiscal year 2012 

and 2013. USDA also made a concerted effort to group its frequently requested records into 

categories as well as include more links for records maintained by external offices.

 

Section II: Steps Taken to Ensure that Your Agency Has an Effective System in Place 

for Responding to Requests 

1. Do FOIA Professionals within your agency have sufficient IT support?

Yes. USDA has two primary information technology service providers to assist employees. 

Both provide comprehensive information technology, security and a range of technical 

support services. In addition to the above two primary information technology service 

providers, the FOIA community has a dedicated help desk for resolving IT issues related to 

the Department’s automated FOIA tracking tool.

2. Do FOIA professionals work with your agency’s Open Government team?

Yes. As in previous years, FOIA professionals collaborated with the Open Government team 

to identify datasets for public release as well as enhancements to high-valued datasets set 

forth below. 

• Supplemental Nutrition Assistance Program Participation and Cost Data

• MyPyramid Raw Food Data

• Farmers Markets Geographic Data

• Biotechnology Regulatory Services public data file (permits, notifications, and 

petitions)

• Census of Agriculture Race, Ethnicity and Gender Profile Data

• Federal Cost of School Food Program Data

• Meat, Poultry, and Egg Inspection Directory by Establishment Name

• Agricultural Research Service (ARS) Available Technologies

3. Has your agency assessed whether adequate staffing is being devoted to FOIA 

administration? 

Yes. Agency directors allocate staff based on the amount of requests received, the 

complexity of requests received and available resources. In FY2012, AMS, FSIS, FS, 

GIPSA, OCFO, OIG, and OSEC/OCIO increased its total number of “Full-Time FOIA Staff” 

servicing there mission areas. 

Conversely, the total number of Full-Time FOIA Staff decreased in FAS, FSA, NRCS, RD 

and RMA. The remaining agencies’ total number of Full-Time FOIA Staff remained 

constant. 
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Overall, there was a 28% reduction in the USDA’s Full-Time FOIA Staff. 

4. Describe any other steps your agency has undertaken to ensure that your FOIA system 

operates efficiently and effectively, such as conducting self-assessments to find greater 

efficiencies, improving search process, streamlining consultations, eliminating 

redundancy, etc. 

In October 2012, a Lean Six Sigma initiative was implemented to review the FOIA process, 

resources, and barriers to success. Subcommittee co-chairs are currently conducting 

interviews with USDA FOIA Officers and other FOIA professionals from agencies 

processing the largest percentage of incoming requests, agencies with an increase in 

processing times and agencies routinely processing requests within the required statutory 

period. Once interviews are complete, the subcommittee will reconvene, address agency 

findings and begin proposing recommendations to improve efficiency, accountability and 

transparency in USDA’s FOIA Program. 

Section III: Steps Taken to Increase Proactive Disclosures 

1. Provide examples of material that your agency has posted this past year.

BLOG TITLE LINK

USDA Announces Effort to Enhance 

Department Efficiency, Improve Access to 

Programs

http://blogs.usda.gov/2012/12/21/usdaannounces-effort-to-enhance-departmentefficiency-improve-access-to-programs/

Secretary’s Column: An Update on Exports http://blogs.usda.gov/2012/12/14/secretaryscolumn-an-update-on-exports/

Forest Service Waives Fees on National Public 

Lands Day

http://blogs.usda.gov/2012/09/21/forestservice-waives-fees-on-national-public-landsday/

Bringing Federal Partners to the Local Foods 

Table

http://blogs.usda.gov/2012/11/20/bringingfederal-partners-to-the-local-foods-table/

A Paradox: Cooling Streams in a Warming 

Climate?

http://blogs.usda.gov/2012/05/08/a-paradoxcooling-streams-in-a-warming-climate/

Mount St. Helens Videos Receive National 

Awards

http://blogs.usda.gov/2012/04/03/mount-sthelens-videos-receive-national-awards/

YOUTUBE TITLE LINK

Agriculture Secretary Tom Vilsack On 2012 

And Looking Ahead 

http://www.youtube.com/watch?v=30CzGJKR

QWc&list=UUPtmylrUkGoDkAAWMaUH91

A&index=7

USDA Economist Says Higher Food Prices in 

2013

http://www.youtube.com/watch?v=NuMSALx

7mFs

Mild, Dry Winter for Much of the Nation http://www.youtube.com/watch?v=QwFnK8H

0LwE
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New Markets, New Understanding, Unlimited 

Opportunity

http://www.youtube.com/watch?v=w3jYCfoR

dug

USDA NRCS On-boarding Video http://www.youtube.com/watch?v=P5NE9jmz

HuA

USDA Surveying Conservation Programs http://www.youtube.com/watch?v=j03O60UNs

6Q

USDA Helping Private Landowners Increase http://www.youtube.com/watch?v=slq8AxQxZ

kc&list=UUPtmylrUkGoDkAAWMaUH91A&

index=17

2. Beyond posting new material, is your agency taking steps to make the posted 

information more useful to the public, especially to the community of individuals who 

regularly access your agency’s website, such as soliciting feedback on the content and 

presentation of the posted material, improving search capabilities on the site, creating 

mobile applications, providing explanatory material, etc.?

USDA uses a variety of social media and digital information services to ensure the public is 

aware of our activities, resources and latest news. Announcements, blog posts and popular 

resources are regularly shared through the Department's and agency Twitter accounts, as well 

as the USDA Facebook page. These channels allow the public to access our information 

through tools and services they are familiar with and can use on any device. We offer a 

variety of e-mail subscription options based on topic and type of information that allows the 

user to define what updates they would like to receive and how often. This service helps 

USDA focus outreach and immediately deliver information when made available. USDA 

uses Storify to curate social media and other digital content shared over various channels that 

can be difficult to find after released. Storify creates story boards that allows USDA 

communicators to aggregate content based on a topic or event, while adding important 

context to provide a broader view of issues, policy and activities in support of the USDA 

mission. Illustrated below are a few of Department’s social media applications to make 

information more useful to the public and encourages community feedback. To access 

storify, please visit http://storify.com/USDA. 
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The USDA FOIA Service Center continually researches solutions and practices that promote 

FOIA efficiency. Based on requester feedback and FOIA case studies, the FOIA Service 

Center identified key areas that can be improved through new technology. 

3. If so, provide examples of such improvements. 

Improved communication. The FOIA Service Center implemented PAL to allow requesters 

to easily file and track the status of their requests. Given the success of PAL, the FOIA 

Service Center is continuing its search for new ways to engage the public. 
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Simplify access to other USDA websites. The FOIA Service Center is currently 

coordinating with the Office of the Administrative Law Judges (OALJ). In addition to 

linking the OALJ decision page to the USDA FOIA page the two offices are researching 

tools that would allow a requester to quickly search within all posted OALJ decisions. 

Easy website search capabilities. The FOIA Service Center is conducting market research 

on leveraging applications already in use at USDA which may provide the requester with 

better research results. This new search technology would render information to requesters 

based on frequently requested records and most popular search terms used on the USDA 

FOIA website. This technology would also give users the ability to search for documents 

within the system knowledge base, and across USDA agencies’ FOIA web sites using 

keywords. For example, a “most popular answers” section could display the most popular 

answers prominently on USDA’s FOIA website. 

Better Search Results. Search results could be implemented to display results based on 

keyword matches and a weights system. 

• The ability to search for key words within PDF documents would increase the

number of records the requester can search and achieve positive results without 

submitting a FOIA request or performing extensive searches. 

• A “guided assistance” tab would allow the FOIA requester to narrow the scope of 

their search by providing user input. The FOIA requester would also have the 

capability to view related and previously viewed answers.

4. Describe any other steps taken to increase proactive disclosures at your agency. 

As mentioned previously, USDA currently uses several popular social media tools such as 

blog posts, Twitter, Facebook, Flickr, RSS feeds, Storify and GovDelivery to inform the 

public about agency programs, policies, regulations and decisions. The use of these tools 

allowed USDA to expand its public outreach and initiate dialogue with the general public. 

Examples of our proactive disclosure using social tools are illustrated in Section III, question 

number 1, and Section III, question number 2.

Section IV: Steps Taken to Greater Utilize Technology

1. Can a FOIA requests be made electronically to your agency?

Yes. Registered requesters can now use the public access link on our new FOIA website to 

submit, check the status, and download responsive records. Please see https://efoiapal.usda.gov/palMain.aspx. 

2. If your agency is decentralized, can FOIA requests be made electronically to all 

components of your agency?

A FOIA request can be made electronically to all component agencies with the exception of 

Forest Services (FS). Requests to FS can be submitted via email at wo_foia@fs.fed.us, by 
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fax at 202-260-3245 or in writing to the FS’ FOIA Officer at 1400 Independence Avenue, 

S.W., Yates Building, First Floor, Ag Stop 1143, Washington, D.C. 20250. Efforts are 

underway to allow FOIA requesters to submit FOIA requests to FS via the public access link. 

The FOIA Service Center anticipates this functionality to be available later this fiscal year.

3. Can a FOIA requester track the status of his/her FOIA request electronically?

Yes. A requester can track the status of a FOIA request submitted via USDA’s public access 

link.

4. If so, describe the information that is provided to the requester through the tracking 

system. For example, some tracking systems might tell the requester whether the 

request is open or closed, while others will provide further details to the requester 

throughout the course of the processing, such as search commenced or documents 

currently in review. List the specific types of information that are available through 

your agency’s tracking system.

A registered requester can “sign in” to view the status of his/her request. The status field will 

indicate whether an assignment is received, assigned, perfected, whether a request for records 

has been sent and when the request is closed. USDA’s public access link also allows a 

requester to send a message to the FOIA Office or download responsive records once they 

are delivered. 

If the requester is not a registered requester, he/she can still check the status of his/her 

request by clicking on “Check Request Status” on the left panel of the screen shown below. 
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5. In particular, does your agency tracking system provide the requester with an 

estimated date of completion for his or her request?

No. The public access link does not provide the requester with an estimated date of 

completion for FOIA requests. PAL only provides the requester with a preset status 

designation, of Received, Assigned for Processing, In Process, Hold-Need 

Information/Clarification or On Hold – Other, Documents Delivered, and Closed.

6. If your agency does not provide online tracking of requests, is your agency taking steps 

to establish this capability. 
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Not applicable. USDA currently provides a public access link to track FOIA requests. 

7. Beyond using technology to redact documents, is your agency taking steps to utilize 

more advanced technology to facilitate overall FOIA efficiency, such as improving 

record search capabilities, utilizing document sharing platforms for consultations and 

referrals, or employing software that can sort and de-duplicate documents?

Yes. USDA is taking steps to utilize more advanced technology to facilitate overall FOIA 

efficiency. 

8. If so, describe the technological improvements being made. 

In October 2012, USDA purchased an online legal search service to assist FOIA specialists 

with FOIA related analysis. The service provides direct access to case law, state and federal 

statutes, administrative codes and hundreds of other secondary sources. Each service agency 

was issued two licenses in addition to unlimited access to the service provider’s help desk. 

USDA uses de-duplication software to assist in the efficient processing of voluminous 

records. In the addition to the de-duplication, the FOIA Service Center is also researching an 

eCase/eDiscovery tool as a means to improve accuracy and request response times. 

eCase/eDiscovery would provide FOIA specialist with tools to filter out non-responsive and 

duplicative records prior to its upload to the enterprise wide tracking system in addition to a 

document review process that would ensure consistency in the redaction process. 

The FOIA Service Center is researching the use of an internal SharePoint site in an effort to 

assist its Acting Chief FOIA Officer, Acting Department FOIA Officer and FOIA specialists 

with the coordination and monitoring of multi-agency requests. Specifically, the SharePoint 

site would feature a web based dashboard that will quickly display the status of any multiagency request. If an agency has responded to the requester, a green light will appear. 

Conversely, if an agency has not responded, a red light will appear. If a partial response has 

been provided, a yellow light will appear by the agency’s name. To ensure its accuracy, the 

dashboard is distributed to the USDA FOIA community on a bi-weekly basis. 

If approved, the SharePoint site would also feature an online repository for FOIA records. 

The online repository will allow for better accessibility to records under review. It will also 

allow for a more efficient retrieval system for records already released but may be of interest 

to future requesters. 

Section V: Steps Taken to Improve Timeliness in Responding to Requests and Reduce 

Backlogs

The President and the Attorney General have emphasized the importance of improving 

timeliness in responding to requests. This section addresses both time limits and 

backlog reduction. Backlog reduction is measured both in terms of numbers of 

backlogged requests or appeals and by looking at whether agencies closed their ten 
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oldest requests and appeals. For the figures required in this Section, please use those 

contained in the specified sections of your agency’s 2012 Annual FOIA Report.

1. Section VII.A of your agency’s Annual FOIA Report, entitled “FOIA Requests –

Response Time for All Processed Requests,” includes figures that show your 

agency's average response times for processed requests. For agencies utilizing a 

multi-track system to process requests, there is a category for “simple” requests, 

which are those requests that are placed in the agency’s fastest (non-expedited) 

track, based on the low volume and/or simplicity of the records requested. If your 

agency does not utilize a separate track for processing simple requests, answer the 

question below using the figure provided in your report for your non-expedited 

requests. 

a. Does your agency utilize a separate track for simple requests?

Yes. USDA utilizes a separate track for simple requests. 

b. If so, for your agency overall, for Fiscal Year 2012, was the average number of 

days to process simple requests twenty working days or fewer? 

No. The average number of days to process simple requests is 33.12 days.

c. If your agency does not track simple requests separately, was the average number 

of days to process non- expedited requests twenty working days or fewer?

Not applicable. USDA tracks simple requests separately. 

2. Sections XII.D.(2) and XII.E.(2) of your agency’s Annual Report, entitled 

“Comparison of Number of Requests/Appeals from Previous and Current Annual 

Report – Backlogged Requests/Appeals,” show the numbers of any backlog of 

pending requests or pending appeals from Fiscal Year 2012 as compared to Fiscal 

Year 2011. You should refer to those numbers when completing this section of your 

Chief FOIA Officer Report. In addition, Section VII.E, entitled “Pending Requests 

– Ten Oldest Pending Requests,” and Section VI.C.(5), entitled “Ten Oldest Pending 

Administrative Appeals,” from both Fiscal Year 2011 and Fiscal Year 2012 should 

be used for this section.

a. If your agency had a backlog of requests at the close of Fiscal Year 2012, did that 

backlog decrease as compared with Fiscal Year 2011?

No. The overall number of backlogged requests increased by 14% in fiscal year 2012. 

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
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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

USDA

OVERALL 650 741

b. If your agency had a backlog of administrative appeals in Fiscal Year 2012, did 

that backlog decrease as compared to Fiscal Year 2011?

No. The overall number of backlogged administrative appeals increased by 11.6% in 

fiscal year 2012. 

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 

USDA

OVERALL 146 163

c. In Fiscal Year 2012, did your agency close the ten oldest requests that were 

pending as of the end of Fiscal Year 2011?

No. USDA did not close its ten oldest pending requests from the previous fiscal year. 

Although USDA as a whole did not close its ten oldest pending requests, several agencies 

within the Department closed their agencies’ ten oldest requests. 

d. In Fiscal Year 2012, did your agency close the ten oldest administrative appeals 

that were pending as of the end of Fiscal Year 2011? 

No. Although USDA did not close the overall ten oldest pending appeals from the 

previous fiscal year, there were several agencies that did successfully close its ten oldest 

appeals. 

3. If you answered “no” to any of the above questions, describe why that has occurred. 

In doing so, answer the following questions then include any additional explanation:

Request Backlog:

a. Was the lack of a reduction in the request backlog a result of an increase in 

the number of incoming requests?

No. The lack of reduction cannot be attributed to the increase in the number of 

requests as the overall number of incoming requests decreased in fiscal year 2012. 
 2013 Chief FOIA Report

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b. Was the lack of a reduction in the request backlog caused by a loss of staff?

Yes. The lack of reduction can be attributed to the decrease in full-time FOIA staff in 

fiscal year 2012. There was a 28% reduction in the total number of full-time FOIA 

staff. 

c. Was the lack of a reduction in the request backlog caused by an increase in the 

complexity of the requests received?

Yes. Most agencies reported an increase in the complexity of the requests received. 

d. What other causes, if any, contributed to the lack of a decrease in the request 

backlog?

Another factor contributing to the decrease in the number of requests processed is the 

increase in the number of records to be reviewed for each request. In fiscal year 

2012, the FOIA Service Center estimates its average number of records requiring

review to be 1,000 pages.

Administrative Appeal Backlog:

a. Was the lack of a reduction in the backlog of administrative appeals a result of 

an increase in the number of incoming appeals? 

No. The lack of reduction in the backlog of administrative appeals is not the result of 

an increase in the number of incoming appeals as the overall number of appeals in 

fiscal year decreased. 

b. Was the lack of a reduction in the appeal backlog caused by a loss of staff? 

Yes. The lack of reduction in the appeal backlog was due to the loss of full-time 

FOIA staff. There was a 28% reduction in the total number of full-time FOIA staff. 

c. Was the lack of a reduction in the appeal backlog caused by an increase in the 

complexity of the appeals received? 

Yes. Service agencies reported an increase in the complexity of appeals received. 

d. What other causes, if any, contributed to the lack of a decrease in the appeal 

backlog? 
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The USDA FOIA Service Center noted a number of appeals received this fiscal year

required an increased level of coordination between USDA offices. This 

compounded by the decrease in full time equivalents impacted the appeal backlog. 

4. OIP has issued guidance encouraging agencies to make interim releases whenever 

they are working on requests that involve a voluminous amount of material or 

require searches in multiple locations. By providing rolling releases to requesters 

agencies facilitate access to the requested information. If your agency had a backlog 

in Fiscal Year 2012, please provide an estimate of the number of cases in the backlog 

where a substantive, interim response was provided during the fiscal year, even 

though the request was not finally closed. 

USDA estimates it sent 300 substantive interim responses in connection with backlogged 

requests in fiscal year 2012. 

Use of FOIA’s Law Enforcement “Exclusions”

In order to increase transparency regarding the use of the FOIA’s statutory law 

enforcement exclusions, which authorize agencies under certain exceptional circumstances 

to “treat the records as not subject to the requirements of [the FOIA],” 5 U.S.C. § 

552(c)(1), (2), (3), please answer the following questions:

1. Did your agency invoke a statutory exclusion during Fiscal Year 2012?

No. USDA did not invoke 5 U.S.C. § 552(c)(1), (2) or (3) in Fiscal Year 2012. 

2. If so, what was the total number of times exclusions were invoked?

Not applicable. USDA did not invoke any statutory exemptions. 

Spotlight on Success

Out of all the activities undertaken by your agency since March 2012 to increase 

transparency and improve FOIA administration, describe here one success story that you 

would like to highlight as emblematic of your agency’s efforts. The success story can come 

from any one of the five key areas.

Food Nutrition and Consumer Services (FNCS):

As part of its FNCS management review, FNCS’ FOIA program was selected to participate in 

the Lean Six Sigma (LSS) process. LSS is a process improvement framework that improves

quality and efficiency of outputs by identifying and finding solutions for the removal of waste. 

FNCS’ FOIA program began this initiative by conducting interviews with the staff, mission 

offices and record holders in February 2012. During interviews, the FNCS FOIA Office
 2013 Chief FOIA Report

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identified several areas for improvements. Top on the list however, was a 20% reduction in 

processing times. 

After a lengthy review and analysis, FNCS implemented a LSS process improvement plan. The 

plan reduced the average processing time from 21 days to 16 days. 
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In addition to the LSS initiative, FNCS admirably closed out nine of its ten oldest appeals, and 

conducted specialized FOIA training for the FNCS Contracting/Acquisition Division. FNCS 

also implemented policy and implemented standards to ensure that FOIA fees are accurately 

calculated and assessed.

Office of the Secretary/Office of the Chief Information Officer (OSEC/OCIO):

In fiscal year 2012, OSEC/OCIO prepared and executed a strategy to reduce its backlog and 

close it ten oldest pending perfected requests and appeals. The plan turned out to be a great 

success as OSEC/OCIO increased the number of requests processed by more than 50% in fiscal 

year 2012 despite receiving 24% more requests. 

FY 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 

FY2011

OSEC/OCIO 26 89 52 63

FY 2012 

OSEC/OCIO 65 111 144 32

Note: The number of FOIA requests pending as of the start of FY2012 differs from the number of FOIA requests 

pending as of the end of FY2011 due to a recent migration initiative. 

As for its 10 oldest pending perfected requests, OSEC/OCIO was able to close eight of the ten 

from the previous fiscal year. All the pending appeals with the exception of one were also 

closed. 

Most requests and appeals processed required the review of several thousand pages of potentially 

responsive records and/or coordination between multiple offices within the Office of the 

Secretary. In any instance where substantive interim responses could be provided, FOIA 

specialist worked with requesters to establish a delivery schedule. 

Research, Education and Economics (REE):

REE provides FOIA program support services to the Agricultural Research Service, Economic 

Research Service, the National Agricultural Library, National Institute of Food and Agriculture. 

The following spotlights on success are from agencies serviced by REE. 

Agricultural Research Service (ARS) Spotlight on Success:

“Your Two Cents” (Y2C), an “uncensored direct communication line” to senior leadership for 

ARS employees, received the USDA Secretary’s Award in September 2012 for this culturechanging employee feedback and communications forum, which facilitates inclusion for 

employees and continuous improvements for ARS. This initiative was designed by REE mission 

area leaders to solicit ideas and input about work and organization from ARS employees across 
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the organization. This website tool, a program for ARS employees only, allows direct access to 

Agency leaders to share information on current business processes, work challenges and/or 

concerns. The hope is that Y2C will, through the sharing of employees’ ideas and vision, 

continue to help transform ARS into the 21st Century scientific enterprise it can and should be.

Other agencies in USDA have taken note of the Y2C program, offering it as a model program for 

employee engagement and transparency. As of December 1, 2012, Y2C has received over 1,309 

total individual ideas (increase of 46 percent from 2011 total) and 1,506 total comments on those 

ideas (increase of 79 percent over 2011 total). Perhaps most importantly, there are currently 154 

actions on the site, 125 (81 percent) of which are completed. The ‘Completed’ list consists of a 

myriad of items from minor facility issues to substantive, high-level, Agency-wide policy change 

and implementation.

Agricultural Research Service (ARS), National Agricultural Library (NAL), Spotlight on 

Success:

Consumers’ interest in how agricultural products are grown and made is on the rise along with 

concern for the environment. Researchers and members of the food industry are gathering data 

about these products and processes using the Life Cycle Assessment. This widely used tool 

assesses potential environmental impacts for a given product, process, or activity throughout its 

entire life span. But few information resources exist to share these assessments. In response, the 

National Agricultural Library has launched the LCA Digital Commons. This website offers the 

public access to a broad inventory of peer-reviewed, standard-formatted United States Life Cycle 

Assessment data. Data for 536 U.S. commodity crop unit processes including corn, wheat, 

soybeans, cotton, oats, peanuts, and rice have been uploaded and are fully searchable. The LCA 

Digital Commons offers the best quality, and most accurate data representative of U.S. 

agricultural production practices. The sharing of this information will allow consumers and 
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businesses to make informed decisions about changing processes or the materials that go into 

them to reduce the burden on the environment. 

For more information, visit the LCA Digital Commons: http://www.lcacommons.gov

Economic Research Service (ERS) Spotlight on Success:

In the summer of 2012, the U.S. experienced one of the most severe and extensive droughts in 25 

years. A group of ERS economists and IT professionals rapidly compiled information on the 

impacts of the ongoing drought on food prices and consumers, farms, and the crop and livestock 

sectors. The initial version of the web page “U.S. Drought 2012: Farm and Food Impacts” was 

posted within two days of the initial meeting of the development team, and has since been 

updated continuously to reflect changing conditions. One goal of the project was to rapidly and 

widely disseminate key ERS research findings, data, and analysis to the public to provide 

information on a high-visibility issue of the day. The rapid response enabled the Department to 

quickly provide information on the economic dimensions of the ongoing drought through links 

from the main USDA website. Information from the Drought Page supported Departmental 

decision-making on responses to the drought, and was widely cited in news media, providing a 

wide audience for the latest ERS economic information. By the end of 2012, the Drought Page 

received over 25,000 page views on the ERS website, and was the most frequently visited page 

of the Website in November 2012. An example of the information provided in the drought 2012: 

Farm and Food Impact is provided below (http://www.ers.usda.gov/topics/in-the-news/usdrought-2012-13-farm-and-food-impacts.aspx).

National Agricultural Statistics Service (NASS) Spotlight on Success:
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The USDA’s National Agricultural Statistics Service (NASS) conducts hundreds of surveys 

every year and prepares reports covering virtually every aspect of U.S. agriculture. Production 

and supplies of food and fiber, prices paid and received by farmers, farm labor and wages, farm 

finances, chemical use, and changes in the demographics of U.S. producers are only a few 

examples. 

In order to streamline operations and to improve statistical services, NASS enhanced its Quick 

Stats 2.0 data query tool and introduced its new Quick Stats Lite tool. Quick Stats 2.0 is the 

most comprehensive tool for accessing NASS published agricultural data. The system allows the 

user to discover exactly the information they desire, whether it is based on commodity, location, 

or time period. The user can visualize the data on a map, manipulate and export the results, or 

save a link for future use. NASS also introduced its new Quick Stats Lite tool (an interface to

Quick Stats 2.0) that offers a more guided approach to NASS’ most common data requests.

These tools will allow NASS to publish all of its available data online, ensuring quick and easy 

access for the public. In addition to its surveys, the Spatial Analysis Research Section within the 

Research and Development Division of NASS has produced a yearly Cropland Data Layer 

(CDL) product based on mid-resolution satellite data and high quality ground truth since 1997.

This agricultural geospatial data is a crop and other specific land cover classification 

encompassing the entire contiguous United States. To effectively and efficiently meet the 

growing needs of our customers, CropScape was developed to query, visualize, disseminate, and 

analyze CDL data geospatially through standard geospatial Web services in a publicly accessible 

online environment. CropScape not only offers the online functionalities of interactive map 

operations, data customization and downloading, crop acreage statistics, charting and graphing, 

and multitemporal change analysis as well in an interoperable manner, but also provides Web 

geoprocessing services such as automatic data delivery and on-demand crop statistics for uses in 

other applications. This system delivers dynamic user experiences with its comprehensive 

capabilities in an open geospatial context, and facilitates delivery and analysis of geospatial 

cropland information for decision support and various research endeavors. More than 17,000 

users around the world have visited CropScape in its first 5 months of availability.