DEPARTMENT OF AGRICULTURE 

CHIEF FREEDOM OF INFORMATION ACT 

OFFICER REPORT

March 2021

We provide leadership on food, agriculture, natural resources, rural development, 

nutrition, and related issues based on public policy, the best available science, and 

effective management.

We have a vision to provide economic opportunity through innovation, helping 

rural America to thrive; to promote agriculture production that better nourishes 

Americans while also helping feed others throughout the world; and to preserve 

our Nation's natural resources through conservation, restored forests, improved 

watersheds, and healthy private working lands.
 

2 | USDA 2021 Chief FOIA Officer Report

Table of Contents

Table of Contents............................................. 2

Executive Summary......................................... 3

Section I:............................................................ 6

Section II: .......................................................... 9

Section III:....................................................... 12

Section IV:....................................................... 14

Section V: ........................................................ 15
 

3 | USDA 2021 Chief FOIA Officer Report

EXECUTIVE SUMMARY

The United States Department of Agriculture (Department) was founded by President Abraham 

Lincoln in 1862 and was quickly coined “The People’s Department.” At the time, more than half 

of all American either lived or worked on farms, compared with the two percent today. Despite 

this decrease, the Department is still fulfilling Lincoln’s vision of touching the lives of every 

American through 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. 

To successfully accomplish its mission, the Department operates more than 300 programs 

through an extensive network of Federal, State, and local cooperators. These programs 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. These programs also hold the answers to 

pressing global issues like the need for renewable energy, increasing crop yields to combat 

hunger, protecting the food supply, and optimizing internal trade. 

The Department’s success is dependent on several core values. Among them is transparency.

Central to the Department’s effort to increase transparency is its Freedom of Information Act 

(FOIA) program. The Department’s General Counsel provides program oversight for the 

Department’s FOIA offices at the agency and mission area. These offices all collaborate 

throughout the year to process the tens of thousands of records requests received at the 

Department. 

The Department’s FOIA program is led by the General Counsel’s, Office of Information Affairs

(OIA). The OIA provides day-to-day coordination and ensures statutory compliance with the 

FOIA. The OIA also processes FOIA requests, consultations, and appeals on behalf of all USDA 

staff offices with the exception of the Office of the Inspector General (OIG). The OIA also 

handles the FOIA functions for the Research, Education and Economics (REE) and the Trade 

and Foreign Agricultural Affairs (TFAA) mission areas. The Farm Production and Conservation 

Service, Food Nutrition and Conservation Services, Food Safety, Rural Development, and the 

Marketing and Regulatory Programs mission areas all continue to process independently but do 

coordinate with the OIA to ensure standardization in the areas of processing, training, and 

management. 

In Fiscal Year 2020, the Department received a total of 22,810 FOIA requests. Approximately 

74.5% of these incoming FOIA requests were directed to the USDA’s Farm Production and 

Conservation (FPAC) mission area. The Natural Resources and Environment (NRE) mission 

area received about 7.7%, the Marketing and Regulatory Programs mission area about 6.5%, and 

the Food and Nutrition & Consumer Services mission area about 3.6%. The remaining mission 

areas and staff offices all received 7.7% of the incoming requests. Collectively, the Department 

processed about 98.7% of the requests that were either received or pending at the start of the 

Fiscal Year.
 

4 | USDA 2021 Chief FOIA Officer Report

The following report provides a comprehensive review of the steps taken throughout the 

Department of Agriculture to improve its FOIA administration since publication of the last Chief 

FOIA Officer Report in March 2019. 

This report encompasses the efforts of the following mission areas and staff offices:

Mission Areas:

Farm Production and Conservation (FPAC)1

Farm Service Agency (FSA)

Natural Resources Conservation Service (NRCS)

Risk Management Agency (RMA) 

Food and Nutrition & Consumer Services (FNCS)

Food and Nutrition Service (FNS) 

Food Safety

Food Safety and Inspection Service (FSIS)

Marketing Regulatory Programs

Agricultural Marketing Service (AMS)2

Animal & Plant Health Inspection Service (APHIS)

Natural Resources and Environment (NRE)

Forest Service (FS) 

Research, Education and Economics (REE)

Agricultural Research Service (ARS) 

Economic Research Service (ERS) 

National Agricultural Statistics Service (NASS) 

National Institute of Food and Agriculture (NIFA)

Rural Development (RD)

Rural Business Service

Rural Utilities Service

Rural Housing Service

Trade and Foreign Agricultural Affairs (TFAA)3

1 On May 11, 2017, Former Agriculture Secretary Sonny Perdue announced the standing up of a newly named Farm Production and Conservation 

mission area to have a customer focus and meet USDA constituents in the field.

 

2 On September 7, 2017, Former Agriculture Secretary Sonny Perdue announced the realignment of a number of offices within the USDA. The 

Grain Inspection, Packers, and Stockyards Administration (GIPSA) and several program areas from the Farm Service Agency (FSA) joined the 

Agricultural Marketing Service (AMS) to help us better meet the needs of farmers, ranchers, and producers, while providing improved customer 

service and maximize efficiency.

3 In keeping with Congress’ directive in the 2014 Farm Bill and to advance agricultural trade, the Department created an Under Secretary for 

Trade and Foreign Agricultural Affairs (TFAA). While reviewing options for improving coordination on trade and international activities, USDA 

determined that the Codex Alimentarius program (U.S. Codex Office), currently housed in the Food Safety and Inspection Service (FSIS), will be 
 

5 | USDA 2021 Chief FOIA Officer Report

Foreign Agricultural Service

Codex Alimentarius Commission

Staff Offices:

Departmental Administration (DA)

Office of Advocacy and Outreach (OAO)

Office of the Chief Information Officer (OCIO) 

Office of the Executive Secretariat (OES)

Office of Homeland Security & Emergency Coordination (OHSEC)

Office of Human Resource Management (OHRM)

Office of Operations (OO)

Office of Procurement & Property Management (OPPM)

Office of Small & Disadvantaged Business Utilization (OSDBU)

Office of Budget & Program Analysis (OBPA) 

Office for the Assistant Secretary of Civil Rights (OASCR)

Office of Hearing and Appeals 

National Appeals Division (NAD)

Office of the Administrative Law Judge (OALJ)

Office of the Judicial Officer (OJO) 

Office of the Chief Financial Officer (OCFO)

National Finance Center (NFC)

Office of the General Counsel (OGC)

Office of Ethics (OE)

Office of Information Affairs (OIA)

Office of Inspector General (OIG)

Office of the Secretary (OSEC)

moved to the newly created TFAA mission area. The U.S. Codex Office is an interagency partnership which engages stakeholders in the 

development of international governmental and non-governmental food standards. The focus of the Codex Office aligns better with the mission 

of TFAA.
 

6 | USDA 2021 Chief FOIA Officer Report

Section I: Steps Taken to Apply the Presumption of Openness

FOIA Leadership:

1. The FOIA requires each agency to designate a Chief FOIA Officer who is a senior 

official at least at the Assistant Secretary or equivalent level. Is your agency’s Chief 

FOIA Officer at or above this level?

Yes. USDA’s Chief FOIA Officer was a senior official at least at the Assistant Secretary or 

equivalent level in accordance with 5 U.S.C. §552(j)(1). 

2. Please provide the name and title of your agency’s Chief FOIA Officer. 

USDA’s General Counsel, Stephen A. Vaden, was designated as the Department’s Chief FOIA 

Officer (CFO). Mr. Vaden was a senior official and direct report to the Secretary of Agriculture. 

FOIA Training: 

3. The FOIA directs agency Chief FOIA Officers to ensure that FOIA training is 

offered to agency personnel. See 5 U.S.C. § 552(a)(j)(2)(F). Please describe the 

efforts your agency has undertaken to ensure proper FOIA training is made 

available and used by agency personnel.

The CFO’s Office of Information Affairs (OIA) recommended the inclusion of substantive FOIA 

training in performance and individualized development plans. As an assist to our community’s 

FOIA supervisors, the OIA would frequently circulate both internal and external substantive 

training opportunities. These were all virtual and free of charge to ensure accessibility for all of 

our FOIA professionals. Not surprisingly, the increased availability of free, virtual training 

resulted in the Department’s highest levels of participation to date. 

4. Did your FOIA professionals or the personnel at your agency who have FOIA 

responsibilities attend substantive FOIA training during the reporting period such 

as that provided by the Department of Justice?

Yes. USDA’s FOIA professionals continued to participate in substantive FOIA training and 

conferences during the reporting period. These training sessions were hosted by the OIA, the 

Department of Justice’s Office of Information Policy (DOJ-OIP), the Office of Government 

Information Services (OGIS), and the American Society of Access Professionals (ASAP).

5. If yes, please provide a brief description of the type of training attended or 

conducted and the topics covered.

OIA: The OIA continued to promote its online training FOIA for FOIA Professionals in the 

Department’s online training repository in addition to the suite of online courses offered by the 

DOJ-OIP. 
 

7 | USDA 2021 Chief FOIA Officer Report

DOJ-OIP: USDA’s FOIA professionals also attended the following training programs provided 

by the DOJ-OIP:

• Virtual Fees and Fee Waivers

• Virtual Introduction to the Freedom of Information Act

• Virtual Exemption 4 and Exemption 5 Workshop

• Virtual Privacy Considerations Workshop

Other External Training Courses and Conferences: USDA’s FOIA professionals also 

participated in the following external training courses and conferences:

• ASAP: Virtual FOIA Case Update

• ASAP: Virtual National FOIA Conference

• OGIS: Challenges of Meeting FOIA Requests -- Tips and Tricks from Leading 

Practitioners 

6. Provide an estimate of the percentage of your FOIA professionals and staff with 

FOIA responsibilities who attended substantive FOIA training during this reporting 

period.

Approximately 96% of USDA’s FOIA professionals participated in either one or more 

substantive FOIA training courses. 

7. OIP has directed agencies to “take steps to ensure that all of their FOIA 

professionals attend substantive FOIA training at least once throughout the year.” 

If your response to the previous question is that less than 80% of your FOIA 

professionals attended training, please explain your agency’s plan to ensure that all 

FOIA professionals receive or attend substantive FOIA training during the next 

reporting year.

Not applicable. More than 80% of our FOIA professionals participated in substantive FOIA 

training courses. 

Outreach: 

8. Did your FOIA professionals engage in any outreach or dialogue with the requester 

community or open government groups regarding your administration of the 

FOIA? Please describe any such outreach or dialogue, and, if applicable, any 

specific examples of how this dialogue has led to improvements in your agency’s 

FOIA administration. 

Many USDA FOIA components reported routinely engaging with individual requesters, various 

media outlets, open government organizations, environmental and advocacy groups, and 

Congressional offices to discuss the scope of their request, agency search capabilities, 

aggregating requests, fees, and clarifying responses. This has led to a reduced number of 
 

8 | USDA 2021 Chief FOIA Officer Report

imperfected requests, as well as a better understanding of the FOIA and agency programs for 

new FOIA professionals.

Some of our components, like the Animal and Plant Health Inspection Service (APHIS), also 

reported participating in panels and conferences hosted by members of their requester 

communities. This afforded these components an opportunity to answer questions about the 

types of records falling under their purview, their review process, confidentiality statues, their 

posting procedures, and finally, items generally released and withheld.

 

Other Initiatives:

9. Describe any efforts your agency has undertaken to inform non-FOIA professionals 

of their obligations under the FOIA. In particular, please describe how often and in 

what formats your agency provides FOIA training or briefings to non-FOIA staff.

OIA Outreach: The OIA is continuing to provide virtual FOIA training via Microsoft Teams to 

the Department’s onboarding political appointees. As offices begin to populate, the OIA is also 

providing a more in-depth discussion about expectations for searches, the risks associated with 

untimely responses, and the importance of proactive disclosures. 

Component Outreach: Several USDA components reported providing training to non-FOIA 

professionals. For example, the Food and Nutrition Service (FNS) FOIA professionals provided 

virtual FOIA training for its leadership team, Southeast Regional Office employees, and its 

Grants Management and Administrative Services. FNS also continued to share best practices 

tips for record custodians in its component newsletter and internal online sites. 

The Food Safety and Inspection Service’s (FSIS) FOIA professionals hosted virtual training for 

its senior leaders in its Office of Public Health Science and Office of Field Operations as these 

combined, account for over 90% of the records requested in FSIS. 

The Farm Production and Conservation Business Center’s (FPAC-BC) FOIA professionals 

reported the delivery of multiple virtual briefings to its leadership teams and the creation of 

FOIA fact sheet to include among other things, information about a frequently cited 

confidentiality statute. 

And lastly, the Forest Service (FS) FOIA professionals reported providing training to its law 

enforcement personnel. 
 

9 | USDA 2021 Chief FOIA Officer Report

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

Responding to Requests

Processing Procedures:

1. For Fiscal Year 2020, what was the average number of days your agency reported 

for adjudicating requests for expedited processing?

USDA’s average number of days to adjudicate requests for expedited processing is 23.5 days

calendar days. 

2. If your agency’s average number of days to adjudicate requests for expedited 

processing was above ten calendar days, please describe the steps your agency will 

take to ensure that requests for expedited processing are adjudicated within ten 

calendar days or less.

Based on our review of the administrative records available, the OIA suspects that most analysts 

are in fact, adjudicating within ten calendar days. Unfortunately, it is not being captured 

accurately in our enterprise wide tracking system when requests are closed. Accordingly, the 

OIA will continue to review the data logged to ensure its accuracy and where appropriate train 

analysts. 

3. During the reporting period, did your agency conduct a self-assessment of its FOIA 

program? If so, please describe the methods used, such as reviewing Annual Report 

data, using active workflows and track management, reviewing and updating 

processing procedures, etc.

Yes. The OIA continued to regularly conduct self-assessments of the Department’s FOIA 

program by reviewing data collected in the enterprise wide FOIA tracking system, components’

internal operating procedures, and feedback from frequent requesters and FOIA professionals

after the FOIA program was realigned to the Office of the General Counsel on October 1, 2019. 

Under the realignment, the OIA absorbed the FOIA functions for all staff offices. This allowed 

full time FOIA professionals the opportunity to either eliminate or significantly reduce those 

staff offices’ backlogs. Staff office employees who had previously performed FOIA functions as 

a collateral duty, were returned to their core mission work. 

4. Does your agency have Standard Operating Procedures (SOPs) that outline general 

processes for handling FOIA requests and appeals? If not, does your agency have 

plans to create SOPs? If yes, how often are they reviewed/updated to account for 

changes in law, best practices, and technology? In addition to having SOPs, does 

your agency post, or otherwise describe your standard processes for handling 

requests on your website. 

Yes. All USDA FOIA components have either established SOP(s), have draft SOP(s) 

awaiting approval, or have a SOP(s) in development. The FPAC FOIA components for 
 

10 | USDA 2021 Chief FOIA Officer Report

example, has multiple SOPs to address a wide range of issues to include the processing of the 

Coronavirus Food Assistance Program records requests. Like many of the other FPAC 

SOPs, this one is a living document and therefore continually receiving updates. 

The RD FOIA component recently drafted nine SOPs and four Job-Aids that addresses FOIA 

processing. These drafts our pending approval but will be updated, as needed, to address 

changes in law, best practices, and/or technology upgrades. RD has also established a 

workgroup whose focus will be to update its FOIA instruction so that it aligns with the 

recently revised USDA FOIA Regulation and reflects the centralization of FOIA activities 

within RD. 

The FNS FOIA component also has a SOP and continuity plan in development. FNS intends 

to complete its SOP in FY21.

The OIA has an established SOP it reviews on a quarterly basis. To accompany this SOP, 

the OIA has several administrative electronic folders to include items like case law, 

templates, and internal and external contact information, to assist analysts with their reviews 

of records. 

The FS and OIG FOIA components have their procedures posted on their landing page. Both 

outline their process for their handling of records requests and administrative appeals. Both 

are reviewed on a recurring basis. 

5. The FOIA Improvement Act of 2016 requires additional notification to requesters 

about the services provided by the agency’s FOIA Public Liaison. Please provide an 

estimate of the number of times requesters sought assistance from your agency’s 

FOIA Public Liaison during Fiscal Year 2020 (please provide a total number or an 

estimate of the number).

Component/

Mission 

Area Estimated Number of Times Requesters Sought Assistance from 

the Component’s FOIA Public Liaison

AMS 2

APHIS 5

OIA 4

FNCS 5

FPAC 20

FSIS 5

FS 0

OIG 1

RD 5

Approximate 

Total

47
 

11 | USDA 2021 Chief FOIA Officer Report

6. Does your agency frequently receive common categories of first party requests? If 

so, please describe the types of requests and if your agency has explored establishing 

alternative means of access to these records outside of the FOIA.

Some USDA components reported frequently receiving common categories of first party 

requests. For example, the RD FOIA component often receives requests for copies of a 

borrower’s Single-Family Housing loan or mortgage servicing records and misconduct 

investigation files. To date, there has been no discussion within RD on establishing 

alternative means to access these records. 

The FS FOIA component often receives requests from unsuccessful job applicants inquiring 

about the hiring process. Here, the FS FOIA staff partnered with its Human Resources 

Management (HRM) team to develop a process outside of FOIA in which unsuccessful 

applicants may request certain records directly from HRM in accordance with the agency’s 

Master Agreement and Merit Promotion and Internal Placement directive (DR 4030-355-

002). 

7. The FOIA Improvement Act of 2016 required all agencies to update their FOIA 

regulations within 180 days. Has your agency updated its FOIA regulations in 

accordance with the FOIA Improvement Act of 2016? If not, what is your agency’s 

plan to update your regulations?

Yes. USDA has updated its FOIA regulations. 

8. Please explain how your agency worked to mitigate the impact of the COVID-19 

pandemic on FOIA processing. 

In an effort to mitigate the impact of COVID-19, USDA’s FOIA components communicated 

directly with requesters in situations wherein hard-copy responsive records have not been 

retrievable because of office closures. Requesters were provided with updates on the status and 

the opportunity to narrow the scope of their request for electronic records that are/were easily 

retrievable. Additionally, the charging of fees in some FOIA components have been suspended 

indefinitely.
 

12 | USDA 2021 Chief FOIA Officer Report

Section III: Steps Taken to Increase Proactive Disclosures

Posting Material:

1. Provide examples of any material that your agency has proactively disclosed during 

the past reporting year, including records that have been requested and released 

three or more times in accordance with 5 U.S.C. 552(a)(2)(D). Please include links 

to these materials as well. 

Component/

Mission Area

Examples 

AMS USDA Farmers to Families Food Box Records:

https://www.ams.usda.gov/selling-food-to-usda/farmers-to-families-food-box

APHIS Annual Reports of Research Facility:

https://aphis-efile.force.com/PublicSearchTool/s/

Enforcement Action Records:

https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/enforcementactions/!

ut/p/z1/04_iUlDg4tKPAFJABpSA0fpReYllmemJJZn5eYk5-hH6kVFm8T7-

Js6GTsEGPhbeniYGjq7mHq5OQU6GBq5m-l76UfgVFGQHKgIADnm4YQ!!/

OIA Senior Leadership Calendars and Travel: 

https://www.dm.usda.gov/foia/OCIOReading.htm

FNS FY 20 FOIA Logs: 

https://www.fns.usda.gov/foia/electronic-reading-room

FOIA Topics of Interest: 

https://www.fns.usda.gov/foia/foia-popular-requests

FSIS FOIA Logs:

https://www.fsis.usda.gov/wps/portal/footer/policies-and-links/freedom-ofinformation-act/fsis-electronic-reading-room/foia-request-reports-archive

Humane Handling Enforcement Actions:

https://www.fsis.usda.gov/wps/portal/fsis/topics/regulatorycompliance/regulatory-enforcement/humane-handling-enforcement-actions

Meat, Poultry, and Egg Product Inspection Directory:

https://www.fsis.usda.gov/wps/portal/fsis/topics/inspection/mpi-directory

FS Land Management Projects:

http://www.fs.usda.gov/newsarchives/r5/newsarchive 

http://www.fs.usda.gov/projects/angeles/landmanagement/projects

http://www.fs.usda.gov/projects/cleveland/landmanagement/projects

http://www.fs.usda.gov/projects/eldorado/landmanagement/projects
 

13 | USDA 2021 Chief FOIA Officer Report

http://www.fs.usda.gov/projects/inyo/landmanagement/projects

http://www.fs.usda.gov/projects/klamath/landmanagement/projects

http://www.fs.usda.gov/projects/ltbmu/landmanagement/projects

http://www.fs.usda.gov/projects/lassen/landmanagement/projects

http://www.fs.usda.gov/projects/lpnf/landmanagement/projects

http://www.fs.usda.gov/projects/mendocino/landmanagement/projects

http://www.fs.usda.gov/projects/modoc/landmanagement/projects

http://www.fs.usda.gov/projects/plumas/landmanagement/projects

http://www.fs.usda.gov/projects/sbnf/landmanagement/projects

http://www.fs.usda.gov/projects/sequoia/landmanagement/projects

http://www.fs.usda.gov/projects/stnf/landmanagement/projects

http://www.fs.usda.gov/projects/sierra/landmanagement/projects

http://www.fs.usda.gov/projects/srnf/landmanagement/projects

http://www.fs.usda.gov/projects/stanislaus/landmanagement/projects

http://www.fs.usda.gov/projects/tahoe/landmanagement/projects

OIG OIG News:

https://www.usda.gov/oig/news

OIG Reports:

https://www.usda.gov/oig/reports. 

Semiannual Report to Congress (SARC): 

https://www.usda.gov/sites/default/files/reports/sarc2020_1st_half.pdf.

RD Opioid Crisis:

https://www.rd.usda.gov/newsroom/news-release/opioid-misuse-communityassessment-tool

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?

Yes. USDA is taking steps to make posted information more useful to the public. 

3. If yes, please provide examples of such improvements. 

Yes. Several FOIA component reported creating workgroups tasked with making improvements 

to their FOIA Reading Rooms. Assessments are underway as they have identified specific 

updates and metadata to post. These same components are also exploring concepts to make their 

Reading Rooms more customer and public friendly.
 

14 | USDA 2021 Chief FOIA Officer Report

Section IV: Steps Taken to Greater Utilize Technology

1. Please briefly describe the types of technology your agency uses to support your 

FOIA program. In addition, please highlight if your agency is leveraging or 

exploring any new technology to facilitate efficiency in its FOIA administration that 

you have not previously reported? If so, please describe the type of technology.

All FOIA components utilize either FOIA Xpress and/or Adobe Acrobat DC for case processing. 

To further support their FOIA programs, many have implemented the usage of OneDrive to 

transmit responsive records. This solution is not only a secure and effective means to receive 

responsive records, including voluminous documents, but have proven to be invaluable during 

this extended telework period. OneDrive is also being utilized for file sharing and tracking case 

status among FOIA professionals. 

Others have reported utilizing Cloud Vault, a USDA-owned cloud-based file sharing platform to 

allow access to records with members of the public and other federal agencies. 

Our FS and APHIS components also reported utilizing an e-Discovery platform to handle the

culling and deduplication of voluminous record sets.

The Department has also seen a slight increase in requests for videos. Accordingly, several of 

our components also reported exploring video redaction software. 

2. OIP issued guidance in 2017 encouraging agencies to regularly review their FOIA 

websites to ensure that they contain essential resources and are informative and 

user-friendly. Has your agency reviewed its FOIA website(s) during the reporting 

period to ensure it addresses the elements noted in the guidance? 

Yes. In accordance with the DOJ-OIP’s 2017 guidance, a clear link to USDA’s central FOIA 

site is available on USDA’s homepage. The central FOIA site does include key information and 

resources such as instruction on submitting a request to include points of contact in addition to 

access to USDA FOIA component reading rooms and FOIA reports. 

3. Did your agency successfully post all four quarterly reports for Fiscal Year 2020?

 

Yes. USDA successfully posted all four of its quarterly reports. 

4. If your agency did not successfully post all quarterly reports, with information 

appearing on FOIA.gov, please explain why and provide your agency’s plan for 

ensuring that such reporting is successful in Fiscal Year 2021.

Not applicable. USDA successfully posted all four of its quarterly reports. 

5. The FOIA Improvement Act of 2016 requires all agencies to post the raw statistical 

data used to compile their Annual FOIA Reports. Please provide the link to this 
 

15 | USDA 2021 Chief FOIA Officer Report

posting for your agency’s Fiscal Year 2019 Annual FOIA Report and, if available, 

for your agency’s Fiscal Year 2020 Annual FOIA Report. 

The raw statistical data for Fiscal Years 2019 and 2020 is available at: 

https://www.dm.usda.gov/foia/reading.htm#reports 

 

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

Backlogs

A. Simple Track

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

Yes. USDA utilizes a separate track for simple requests. 

2. If your agency uses a separate track for simple requests, was the agency overall 

average number of days to process simple requests twenty working days or fewer in 

Fiscal Year 2020.

No. The average number of days to process simple requests was not below twenty working days.

3. Please provide the percentage of requests processed by your agency in Fiscal Year 

2020 that were placed in your simple track.

The percentage of requests processed by USDA in Fiscal Year 2020 that were placed in the 

simple track is 89.91%

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

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

Not applicable. USDA tracks simple requests separately. 

B. Backlogs

BACKLOGGED REQUESTS

5. If your agency had a backlog of requests at the close of Fiscal Year 2020, did that 

backlog decrease as compared with the backlog reported at the end of Fiscal Year 

2019? 

Yes. The overall number of backlogged requests decreased by 5.7% in Fiscal Year 2020.

 

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 2,700 2,546
 

16 | USDA 2021 Chief FOIA Officer Report

6. If not, did your agency process more requests during Fiscal Year 2020 than it did 

during Fiscal Year 2019? 

No Applicable. USDA reduced its backlog in Fiscal Year 2020.

7. If your agency’s request backlog increased during Fiscal Year 2020, please explain 

why, and describe the causes that contributed to your agency not being able reduce 

its backlog. When doing so, please also indicate if any of the following were 

contributing factors:

• An increase in the number of incoming requests.

• A loss of staff.

• An increase in the complexity of the requests received. If possible, please provide 

examples or briefly describe the types of complex requests contributing to your backlog 

increase.

• Any other reasons – please briefly describe or provide examples when possible.

No Applicable. USDA reduced its backlog in Fiscal Year 2020. 

8. If you had a request backlog, please report the percentage of requests that make up 

the backlog out of the total number of requests received by your agency in Fiscal 

Year 2020.

The percentage of requests that make up the backlog is 11.16%.

BACKLOGGED APPEALS

9. If your agency had a backlog of appeals at the close of Fiscal Year 2020, did that 

backlog decrease as compared with the backlog reported at the end of Fiscal Year 

2019? 

Yes. The overall number of backlogged appeals decreased by approximately 20.35% in Fiscal 

Year 2020. 

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 1022 814

10. If not, did your agency process more appeals during Fiscal Year 2020 than it did 

during Fiscal Year 2019?

No Applicable. USDA reduced its backlog in Fiscal Year 2020.
 

17 | USDA 2021 Chief FOIA Officer Report

11. If your agency’s appeal backlog increased during Fiscal Year 2020, please explain 

why, and describe the causes that contributed to your agency not being able to 

reduce its backlog. When doing so, please also indicate if any of the following were 

contributing factors:

• An increase in the number of incoming requests.

• A loss of staff.

• An increase in the complexity of the requests received. If possible, please provide 

examples or briefly describe the types of complex requests contributing to your backlog 

increase.

• Any other reasons – please briefly describe or provide examples when possible.

No Applicable. USDA reduced its backlog in Fiscal Year 2020.

 

12. If you had an appeal backlog, please report the percentage of appeals that make up 

the backlog out of the total number of appeals received by your agency in Fiscal 

Year 2020. If your agency did not receive any appeals in Fiscal Year 2020 and/or 

has no appeal backlog, please answer with “N/A.”

The percentage of appeals that make up the backlog out of the total number of appeals received 

by USDA in Fiscal Year 2020 is 224.24%. 

C. Backlog Reduction Plans:

13. In the guidelines for the Chief FOIA Officer Reports, any agency with a backlog of 

over 1,000 requests in Fiscal Year 2019 was asked to provide a plan for achieving 

backlog reduction in the year ahead. Did your agency implement a backlog 

reduction plan last year? If so, describe your agency’s efforts in implementing this 

plan and note if your agency was able to achieve backlog reduction in Fiscal Year 

2020?

Yes. The Department did implement a plan and realized an overall reduction in backlog. The 

plan involved tracking progress via a dashboard shared between the OIA and senior leaders in 

the Office of the Secretary. Senior leaders of those components not realizing the quarterly 

metrics were advised and asked to work with their FOIA team to ensure closure. 

 

14. If your agency had a backlog of more than 1,000 requests in Fiscal Year 2020, what 

is your agency’s plan to reduce this backlog during Fiscal Year 2021?

USDA is committed to further reductions in Fiscal Year 2021. It will continue to monitor 

progress on a quarterly basis in the Department’s enterprise wide FOIA tracking system. 

The OIA has also initiated a Blanket Purchase Agreement (BPA) for FOIA contract support 

services. Should components find themselves with some additional funding, they can now 
 

18 | USDA 2021 Chief FOIA Officer Report

quickly secure contract support to assist with large litigation productions and/or short-term 

initiatives aimed at backlog reduction. 

D. Status of Ten Oldest Requests, Appeals, and Consultations:

OLDEST REQUESTS

15. In Fiscal Year 2020, did your agency close the ten oldest requests that were reported 

pending in your Fiscal Year 2019 Annual FOIA Report?

Yes. USDA did close its ten oldest requests reported pending in the Fiscal Year 2019 Annual 

FOIA Report.

16. If no, please provide the number of these requests your agency was able to close by 

the end of the fiscal year, as listed in Section VII.E of your Fiscal Year 2020 Annual 

FOIA Report. If you had fewer than ten oldest requests to close, please indicate 

that.

Not applicable. USDA closed it ten oldest requests. 

 

17. Beyond work on the ten oldest requests, please describe any steps your agency took 

to reduce the overall age of your pending requests. 

Many of our FOIA components continued to refine their procedures for their intake teams that 

among other items, focused on negotiating the scope of requests alongside record custodians to 

conduct searches and reviews more efficiently. When the scope of a requests is understood by 

the requester, the record custodian, and the FOIA professional, all can work collaboratively to 

quickly satisfy the request and, in those instances, where the records requested are voluminous, 

initiate a manageable production schedule.

TEN OLDEST APPEALS

18. In Fiscal Year 2020, did your agency close the ten oldest appeals that were reported 

pending in your Fiscal Year 2019 Annual FOIA Report?

Yes. USDA closed its ten oldest appeals reported pending in the Fiscal Year 2019 Annual FOIA 

Report. 

19. If no, please provide the number of these appeals your agency was able to close by 

the end of the fiscal year, as listed in Section VII.C.(5) of your Fiscal Year 2020

Annual FOIA Report. If you had less than ten total oldest appeals to close, please 

indicate that. 

Not applicable. USDA closed its ten oldest appeals. 
 

19 | USDA 2021 Chief FOIA Officer Report

20. Beyond work on the ten oldest appeals, please describe any steps your agency took 

to reduce the overall age of your pending appeals. 

A few of our FOIA components with the larger queue of backlogged appeals have elected to 

continue to employ teams of contractors to assist with the processing of existing and new 

incoming appeals. These same components continue utilization of a SharePoint site to facilitate 

faster review of appeals requiring legal sufficiency review. 

TEN OLDEST CONSULTATIONS

21. In Fiscal Year 2020, did your agency close the ten oldest consultations that were 

reported pending in your Fiscal Year 2019 Annual FOIA Report?

No. USDA did not close its ten oldest consultations. 

22. If no, please provide the number of these consultations your agency was able to close 

by the end of the fiscal year, as listed in Section XII.C. of your Fiscal Year 2019

Annual FOIA Report. If you had less than ten total oldest consultations to close, 

please indicate that. 

USDA closed seven of its ten oldest consultation. 

E. Additional Information on Ten Oldest Requests, Appeals, and Consultations & Plans:

23. Briefly explain any obstacles your agency faced in closing its ten oldest requests, 

appeals, and consultations from Fiscal Year 2020.

USDA closed it ten oldest requests and appeals. As for the open consultations, all were tied to 

active lawsuits. 

24. If your agency was unable to close any of its ten oldest requests because you were 

waiting to hear back from other agencies on consultations you sent, please provide the date 

the request was initially received by your agency, the date when your agency sent the 

consultation, and the date when you last contacted the agency where the consultation was 

pending.

Not applicable. Open consultations did not prevent closure of any of the ten oldest requests. 

25. If your agency did not close its ten oldest pending requests, appeals, or consultations, 

please provide a plan describing how your agency intends to close those “ten oldest” 

requests, appeals, and consultations during Fiscal Year 2021.

Consultations will be heavily monitored, and progress checked on a quarterly basis. 
 

20 | USDA 2021 Chief FOIA Officer Report

F. Out of all the activities undertaken by your agency since March 2020 to increase 

transparency and improve FOIA administration, please briefly describe here at least 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. As noted above, these agency 

success stories will be highlighted during Sunshine Week by OIP. To facilitate this process, 

all agencies should use bullets to describe their success story and limit their text to a half 

page. The success story is designed to be a quick summary of key achievements. A complete 

description of all your efforts will be contained in the body of your Chief FOIA Officer 

Report.

For the first time in almost a decade, the Department was able to realize an overall reduction in 

backlog. Significant contributors included APHIS and the newly established OIA under the 

General Counsel. The APHIS FOIA team closed more than 1,751 requests during FY2020, a 

48% increase in case closures and provided APHIS stakeholders with 78,000 more pages than in 

the prior fiscal year. APHIS also reduced its FOIA backlog by more than 500+ requests. 

The OIA was similarly successful in that it closed 715 requests during FY2020 for all 

components it absorbed as a result of the Department’s 2019 FOIA realignment. The OIA 

realized an 18.7% increase in case closures and provided its stakeholders with 46,000 more 

pages than in the prior fiscal year. 

Our FNS team also made significant strides to reduce its FOIA appeal backlog. In FY2020, their 

appeals team reduced the backlog by 26.5%, closed 290 of the oldest appeals, closed all appeals 

received from 2013-2017 and closed an impressive total of 465 cases.