DEPARTMENT OF AGRICULTURE

CHIEF FREEDOM OF INFORMATION ACT 

OFFICER REPORT

MARCH 2010
2

Table of Contents

UNITED STATES DEPARTMENT OF AGRICULTURE....................................................................3

AGRICULTURAL MARKETING SERVICE (AMS)...............................................................................7

ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS)............................................11

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS (OASCR) ............................15

DEPARTMENTAL MANAGEMENT (DM)...........................................................................................19

FARM SERVICES AGENCY (FSA) ..........................................................................................................22

FOOD AND NUTRITION SERVICE (FNS)..........................................................................................26

FOOD SAFETY AND INSPECTION SERVICE (FSIS)......................................................................29

FOREIGN AGRICULTURAL SERVICE (FAS).....................................................................................34

FOREST SERVICE (FS)...............................................................................................................................37

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION (GIPSA) ........43

NATIONAL APPEALS DIVISION (NAD).............................................................................................47

NATURAL RESOURCES CONSERVATION SERVICE (NRCS).....................................................51

OFFICE OF BUDGET AND PROGRAM ANALYSIS (OBPA) ........................................................54

OFFICE OF INSPECTOR GENERAL (OIG)........................................................................................57

OFFICE OF THE CHIEF FINANCIAL OFFICER (OCFO)..............................................................61

OFFICE OF THE CHIEF INFORMATION OFFICER (OCIO).......................................................64

RESEARCH, EDUCATION, AND ECONOMIC (REE).....................................................................67

RISK MANAGEMENT AGENCY (RMA)...............................................................................................71

RURAL DEVELOPMENT (RD)................................................................................................................77
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UNITED STATES DEPARTMENT OF AGRICULTURE

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness 

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

USDA Response

 The USDA FOIA Officer held a FOIA Community meeting in fall 2009 to discuss in detail 

the Department’s expectations and role as it relates to the President’s FOIA Memorandum 

and the Attorney General’s subsequent FOIA Guidance. The FOIA Officer also provided 

real life examples on how to apply the ―presumption of openness‖ to open requests for 

information pursuant to the FOIA.

 The USDA Open Government (―Open Gov‖) webpage – www.usda.gov/open – is 

prominently linked on the USDA website. The Open Gov page contains links to High Value 

Data Sets and incorporates interactive features including a discussion area for public sharing 

of ideas on government transparency, collaboration, and innovation. This site has already 

elicited useful ideas from the public about how USDA can become more transparent and 

forthcoming with information. These ideas are already under review by USDA’s Open 

Government Steering Committee.

 USDA has established a process to continually review new High Value Data Sets from the 

Office of the Secretary and all USDA component agencies for incorporation on the Open 

Gov site, and to elicit public feedback on the usefulness of this information.

 The Open Gov site has been designed for ease-of-use and logical arrangement of functions

with the diverse set of USDA customers in mind.

 USDA will publish its Open Government Plan on April 7, 2010.

 USDA publishes its combined Annual FOIA Report on the Open Gov website and tracks

public comments on the Report.

 Review of records for public release, and application of all FOIA exemptions, are treated 

according to the guidelines set forth in the 2009 Memoranda by the President and the 

Attorney General, wherein a high threshold has been set for withholding information. 

Information that is embarrassing to agency officials, or which shows evidence of agency 

errors or omissions, is not withheld for those reasons.

 USDA also maintains a FOIA Electronic Reading Room, which is an index of our most 

frequently requested documents, special interest collections, other information that the 

public is likely to take interest in, or information which have been previously released in 

response to FOIA requests.
4

Part II. Steps Taken to Ensure Your Agency Has an Effective System for Responding to 

Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support. 

USDA Response

 In Fiscal Year 2009, USDA conducted a thorough review of its Departmental programs and 

services which, among other decisions, resulted in a reorganization of its FOIA function. 

The Department’s FOIA Program, which previously resided in the Office of the Secretary, 

was repositioned to the Office of the Chief Information Officer. Because of the inherent 

functionality of information management and dissemination, it was determined that an 

effective system for the management of FOIA was best served with the Chief Information 

Officer.

 USDA is in the process of expanding its FOIA Service Center (the ―Service Center‖).

This Service Center serves as a focal point for FOIA requests to the Department and the 

Office of the Secretary (OSEC). In addition to processing FOIA requests at the Department 

level, the Service Center also handles many daily incoming FOIA requests from the public. 

The USDA website advises requesters to direct FOIA requests to the Service Center when 

uncertain about which agency to address a request exist to. 

 FOIA requests are currently tracked with a Microsoft Excel Spreadsheet. When a FOIA 

request is received at the Service Center, it is logged into the tracker, assigned an 

identification number, and tasked to the appropriate program for search and retrieval of 

responsive information. When requests need to be more specific, the Service Center contacts 

the requester for clarification and ―perfection‖ of the request, thereby reducing processing 

time. Customers also appreciate the level of personal attention given to their requests, in the 

form of direct, timely telephone or email contact. If requested information has already been 

posted to one of USDA’s websites, the Service Center directs the requester to the 

appropriate site for faster access to information. 

 Where a FOIA request elicits voluminous information, responsive records are provided in 

electronic formats such as CD-ROM. Many customers – especially members of the news 

media – appreciate receiving records in electronic format, and a goal of the Service Center is 

to encourage fulfillment of FOIA requests electronically rather than by paper Documents 

are scanned in PDF format which allows them to be searchable. Electronic request 

fulfillment also enables easier review and redaction of documents which saves considerable 

time and labor.

 The USDA FOIA Officer and the FOIA Officers of all USDA component agencies are 

evaluating enterprise-wide comprehensive FOIA tracking and management software 

packages and intend to implement such a program in FY2010. This will greatly streamline 

and facilitate FOIA tracking and response time across USDA, with the goal of increasing 

ease and accuracy of reporting and reducing the incidence of untimely responses to FOIA 

requests. 
5

Part III. Steps Taken to Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

USDA Response

 The home page of the USDA website contains a variety of information chosen to 

proactively satisfy the public need for information about USDA activities, including 

transcripts, video and audio files. When graphical display of data can be beneficial, it is 

presented alongside substantive factual information. For example, prominently linked to 

USDA’s main website is the USDA site on the American Recovery and Reinvestment Act 

(ARRA) which includes an overview of Recovery Act data in the form of graphs.

 The Service Center tracks the most frequent FOIA requests and may request that CDROMs be produced to quickly satisfy public demand, particularly from the news media. 

When requests for particular data sets become significant, the Service Center notifies the 

Office of the Chief Information Officer (OCIO) for possible inclusion on the Open 

Government website as a High Value Data Set.

Part IV. Steps Taken to Greater Utilize Technology 

1. Does your agency currently receive requests electronically?

The Service Center fields an average of eight new FOIA requests per day, including referrals 

to other agencies inside and outside of USDA. Approximately one-half of our requests arrive 

by e-mail, and of those, approximately one-quarter can be fulfilled with a single e-mail.

The Service Center uses an electronic spreadsheet to track all FOIA requests and capture 

information including requester’s name, date of request, subject matter of request, number 

of days to close request, and whether information was provided in full or withheld under a 

FOIA exemption.

The USDA FOIA Officer is currently exploring enterprise-wide electronic FOIA tracking 

and management systems for immediate use within USDA. This state-of-the-art platform 

will enable real-time tracking, management, and centralized oversight and quality control 

over not just the Service Center, but all USDA FOIA operations across every component 

agency as well.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

The Service Center works with the Office of the Executive Secretariat (OES) to process 

FOIA requests electronically by conducting computerized searches for responsive 

documents through PC hard drives and servers where relevant data resides. 

Requests are often fulfilled on electronic media such as CD-ROM. The Service Center is 

making an effort to move towards greater use of CD-ROM as a release medium in order to 

rely less on paper records.

4. If not, what are the current impediments to your agency utilizing a system to track electronically?
6

Not applicable.

5. Does your agency use technology to process requests?

Currently the Service Center uses an electronic spreadsheet to capture, collate and calculate 

values for the FOIA Annual Report.

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

requests? 

Not applicable.

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

With the adoption of the USDA enterprise-wide electronic FOIA tracking/management 

system (see above), the process of capturing, collating and calculating values for the Annual 

Report will be enhanced and fully automated. This will enable tracking of these values in real 

time and the ability to obtain a ―snapshot‖ of the activities of every agency at any given time.

Part V. Steps Taken to Reduce Backlogs and Improve Timeliness of Requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of:

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

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

administrative appeals.

USDA Response

 The Department has recently implemented new steps to reduce backlogs and improve 

timeliness in responding to requests. Measures to enhance our FOIA Service Center include 

fully staffing and resourcing the center and implementing a USDA-wide FOIA electronic 

tracking system. These things, coupled with better communication and training within the 

FOIA community, will have a positive impact on backlog reduction and response timeliness.

* Because the USDA FOIA program is decentralized, each Mission Area and Agency chose 

to include a separate Chief FOIA Officer Report, which will better assist the public in 

understanding our FOIA operations and obstacles. Their reports are attached and described 

in full below.
AGRICULTURAL MARKETING SERVICE (AMS)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA. 

AMS Response

 The President’s Memorandum and the Attorney General’s guidelines were widely 

disseminated within AMS. The clear presumption in favor of disclosure was shared with 

senior management during staff meetings and retreats. The AMS FOIA Officer discussed 

the memorandum and guidelines with all AMS staff handling FOIA requests. As a result, 

AMS has significantly increased the percentage of records released in full, with over 40% 

released in full for Fiscal Year 2009, compared to 26% full releases in Fiscal Year 2008.

 These new guidance documents were posted on the AMS portal site, AGNIS, which allows 

AMS employees to share, modify, and discuss information electronically with others in 

special project teams, their branches and programs, or with the entire agency.

 Numerous briefings with AMS program staff were provided by AMS FOIA officials. An 

example took place on April 21, 2009 when the AMS FOIA Officer provided a presentation 

during the Research and Promotion Functional Committee meeting. This committee is made 

up of representative of the research and promotion programs overseen by AMS and who 

handle numerous FOIA requests.

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

AMS Response

2009: 110 received, 44 in full, 47 partial

2008: 127 received, 34 in full, 63 partials

Part II. Steps Taken to Ensure Your Agency Has an Effective System for Responding to 

Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

AMS Response

 The AMS FOIA Officer serves as the agency’s FOIA expert and works to ensure that 

responding to requests is effective and efficient. She works closely with the various program 

staff persons responsible for processing FOIA requests. The system for processing FOIA
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requests is regularly evaluated and revised if necessary. AMS has an electronic tracking 

system to ensure that FOIA requests are processed in a timely manner. The FOIA Officer is 

available to help provide any IT support which the programs’ FOIA professionals may 

require.

 The AMS FOIA Officer provides the day-to-day administration of the FOIA by 

initiating/coordinating search efforts to locate documents responsive to individual requests, 

examining responsive documents, and providing authoritative conclusions on disclosures 

required by the Acts or allowable withholdings pursuant to exemptions contained in the 

Acts. When necessary in processing individual requests, the FOIA Officer contacts program 

offices and appropriate staff members to ensure adequacy of search for responsive 

documents to determine originator of information, or to clarify the potential adverse impact 

of a specific disclosure to an identified government or personal privacy interest protected by 

exemptions in both Acts.

Part III. Steps Taken to Increase Proactive Disclosures 

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

AMS Response

 For a number of years, AMS has worked to increase the amount of materials on its website. 

The agency is continuing these efforts under the Obama administration. The President’s 

memorandum and the Attorney General’s guidelines were widely disseminated within AMS. 

The clear presumption in favor of disclosure was shared with senior management during 

staff meetings and retreats. The AMS FOIA Officer discussed the memorandum and 

guidelines with all AMS staff handling FOIA requests. During all of these outreach efforts, 

program staff were encouraged to make as much information as possible available on the 

AMS website.

 A recent example of a proactive disclosure that has been made since issuance of the new 

FOIA guidelines is the Perishable Agricultural Commodities Act (PACA) Reparations Index. 

The PACA provides for damages to be paid by those not meeting their contractual 

obligations in buying and selling fresh and frozen fruits and vegetables. USDA is required to 

suspend the license of a business that fails to pay PACA reparations awarded against it. AMS 

posted an index listing recent Decision and Orders by case number and businesses involved. 

Part IV. Steps Taken to Greater Utilize Technology

1. Does your agency currently receive requests electronically? 

Yes. AMS FOIA requests can be received through several mediums, including facsimile, 

email or telephonically.

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

requests electronically? 

N/A

3. Does your agency track requests electronically? 

Yes. AMS currently utilizes Microsoft Excel for tracking FOIA requests.

4. If not, what are the current impediments to your agency utilizing a system to track electronically? 
9

N/A

5. Does your agency use technology to process requests? 

Yes. AMS uses high-speed scanners and printers for dissemination of FOIA-related 

information 

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

requests? 

N/A

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

Yes. AMS uses Microsoft Excel in preparation of our Annual FOIA Report.

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

Annual FOIA Report? 

N/A

Part V. Steps Taken to Reduce Backlogs and Improve Timeliness of Requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

AMS Response

 For requests, the backlog was 9 for FY 2008 and 8 for FY 2009. For FY 2008, the range of 

days pending for requests was from 17 to 248 days. For FY 2009, the range was from 2 to 

393 days. It should be noted that AMS received 7 requests in the last 10 business days of FY 

2009. AMS’ oldest pending request at the end of Fiscal Year 2008 was dated March 11, 

2008, and October 20, 2008 for Fiscal Year 2009.

 For appeals, the backlog was 5 in FY 2008 and 6 in FY 2009. For FY 2008, the range of days 

pending for administrative appeals was from 3 to 1,407 days. For FY 2009, the range was 

from 13 to 1,027 days. The FY 2009 appeals backlog would have been less than that of FY 

2008 if not for the fact that 2 appeals were received in the last 10 business days of FY 2009. 

The oldest pending appeal at the end of both fiscal y ears 2008 and 2009 was dated 

September 26, 2008.

 The backlog of appeals did not decrease in Fiscal Year 2009 since AMS received two appeals 

at the end of that year. The 20-day response time carried over into Fiscal Year 2010. As a 

result, AMS has dedicated additional resources and has work closely with the Office of 

General Counsel to expedite the processing of appeals. 

Section Guidance

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

administrative appeals.
10

AMS Response

 Timeliness can be improved by increasing awareness and knowledge of FOIA requirements 

among AMS program personnel and FOIA staff. Another step being taken by AMS is to 

increase the accessibility of public information posted on the agency website. Making 

frequently requested information available on the webpage decreases the number of 

incoming requests and therefore allows for more resources to be dedicated to answering 

existing requests and appeals in a timely manner.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE

(APHIS)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

APHIS Response

 The Animal and Plant Health Inspection Service (APHIS) FOIA Office has informed the 

Agency of the President’s new FOIA Memorandum and the Attorney General’s FOIA 

Guidance through various meetings and training initiatives. APHIS continues to provide 

training and guidance to various components within the Agency. Our focus is mainly 

directed to the program offices and FOIA liaisons located at headquarters and in the 

regional offices. We provide guidance on implementing the FOIA and respond to any 

questions that may arise regarding the processing of requests. All regional FOIA personnel 

are encouraged to call the agency FOIA Officer with questions that may arise on a daily 

basis regarding the processing of requests or the implementation of the Act.

 APHIS FOIA Office made discretionary disclosures of our most frequently requested 

documents under the FOIA. Specific examples of our discretionary disclosures include:

 In May 2009, APHIS posted Animal Care (AC) inspection reports online. 

APHIS has created a searchable database which allows the public access to 

approximately 50,164 inspection reports for years 2006, 2007, and 2008. Once 

the AC inspection reports were posted, the number of incoming FOIA requests 

were reduced by nearly 35%.

 APHIS has also posted 3923 AC annual reports for years 2006 through 2008. 

The documents are support the significant increase in public interests to our

animal welfare community.

 APHIS has implemented a universal foreseeable harm standard to determine the 

appropriate withholdings under FOIA Exemptions 2, 5 and 7(f).

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year's Annual FOIA Report. 

APHIS Response

 The APHIS FOIA Office consistently seeks to release as much information as possible in 

response to FOIA requests. In Fiscal Year 2009 the APHIS processed 1,656 requests, of 

which 138 were released in full and 1099 released in part. In Fiscal Year 2008 the agency 

processed 1249 FOIA requests, of which 104 were released in full and 832 released in part. 

 APHIS FOIA personnel are directed to review agency withholding under 5, and to evaluate

the information for discretionary release. We have also increased our attention to decreasing 

the dependency of Exemption 5. We continue to segregate information contained in the 
12

documents which, if released, could adversely affect the agency’s internal decision making 

process.

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

APHIS Response

 As the Attorney General emphasized in his FOIA Guidelines, ―[a]pplication of the proper 

disclosure standard is only one part of ensuring transparency. Open government requires not

just a presumption of disclosure, but also an effective system for responding to FOIA 

requests.‖ 

 The APHIS FOIA Office’s procedures allow for immediate acknowledgment of requests 

received. Our acknowledgement letters include the name and telephone number of the 

FOIA Specialists assigned to the case. This allows the requester direct access for contacting 

the analyst when checking on the status of their request. Once the FOIA Specialists receive 

their assigned requests, they are reviewed and, if necessary, the Specialist communicates with 

the requester if clarification is needed. The Specialists also provide information to the 

requesters to assist them in receiving the information available in the public domain, i.e., 

referring them to information contained on the APHIS website. 

 Analysts also assist requesters in narrowing their requests by asking questions to ascertain 

the specific information that the requesters are seeking and explaining specific records 

APHIS is likely to have that would be responsive to their requests. 

 The APHIS FOIA Office has taken steps to increase communication with the program 

offices. Late reports are generated and are forwarded to the program offices. These reports 

reflect outstanding search requests for records. In addition, they also keep the lines of 

communication open and inform the appropriate individuals of the need to perform a search 

for records that may be responsive to a FOIA request. 

 The APHIS FOIA Office has created a Project Manager position to support the needs of 

the FOIA Office. The position will enhance the effectiveness of the APHIS FOIA Program 

and provide an additional means to ensure timely responses to FOIA requests. 

 The APHIS FOIA Office is in the process of implementing a nationally automated FOIA

Tracking System, FOIAXpress, which will integrate our FOIA request management 

functions. The web-based system includes redacting software which will allow records to be 

redacted in a more efficient manner. The system will minimize the administrative processes, 

thus allowing more time to respond to the requesters. 

Part III. Steps Taken To Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.
13

APHIS Response

 Both the President and Attorney General focused on the need for agencies to work 

proactively to post information online without waiting for individual requests to be received. 

 The APHIS FOIA Office has worked diligently with our programs in making Inspection 

Reports, Annual Reports and Horse Industry Organizations Suspension Lists and Audit 

Reports available. In addition to posting these reports on the web, the APHIS FOIA Office 

has collaborated with the Public Affairs staff and, through press releases, has made 

responsive documents available to the public without submitting a FOIA request. The 

posting of this information to our website is a significant step in our ongoing efforts to be as 

transparent as possible. This effort is consistent with the direction given to Federal agencies 

by President Obama regarding openness and transparency. 

Part IV. Steps Taken To Greater Utilize Technology

1. Does your agency currently receive requests electronically? 

Yes. FOIA requests can be submitted via email or facsimile. The APHIS FOIA Office 

created a special email in-box for the submission of FOIA requests. 

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically? 

Yes. While awaiting the implementation of our new tracking system, we are utilizing an 

Access database which is used to maintain incoming FOIA requests and appeals.

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

electronically?

Not applicable.

5. Does your agency use technology to process requests?

Yes. The FOIA Office scans all records received from the programs and is using the Abode 

redaction software to apply the exemptions. Responsive records are burned to a CD-ROM 

and provided to the requester for their viewing.

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

requests?

Not applicable.

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

Yes, we use our tracking system which is an Access database that captures 90% of the data 

needed to produce the annual reports. 

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

Annual FOIA Report?

Not applicable.
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Part V. Steps Taken to Reduce Backlogs and Improve Timeliness in Responding to 

Requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of:

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year; and

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

APHIS Response

 We currently have a 367 request in backlog consisting of request from FY06-FY09. Our 

office has and still is working diligently to reduce our backlog. From FY08 to FY09 we have 

reduced our backlog from 881 to 424.

 We also have 74 administrative appeals which are currently backlogged. 

Section Guidance

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

administrative appeals. 

APHIS Response

 The APHIS FOIA Office understands the importance of being responsive to requests in a 

timely manner. Therefore, management has provided the resources necessary to effectively 

manage the current FOIA program as well as meet any new requirements that may be 

forthcoming. We have filled all vacant FOIA positions. The Program Offices provided 

numerous detailees to assist our office in reducing our backlog cases. Strike teams were 

implemented that focused on the programs with a high volume of backlogged requests. We 

have also created an appeal, privacy and FOIA team to address the current backlog issue. In 

addition, a Project Manager will be brought on board to oversee these efforts.
OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL 

RIGHTS (OASCR)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

OASCR Response

 The Office of the Assistant Secretary for Civil Rights (OASCR) leadership fully supports the 

presumption of openness. Several briefings have occurred to ensure that they understand the 

President’s FOIA Executive Memorandum and Attorney General’s FOIA Guidelines. 

Additionally, several FOIA training sessions have been conducted to promote awareness of 

the FOIA, and to educate OASCR employees on their responsibilities and methods to

identify a request they may receive for information under the FOIA.

 The presumption of openness cannot be applied to discrimination complaints arising from 

Federally-assisted and conducted programs operated by USDA until a Final Agency 

Decision has been issued. Further, since issuance of the new FOIA Guidelines, we have 

released significantly more information in FY 2009 than in previous years. As a result, we 

did not receive any new appeals during FY 2009, as evidenced by the table below:

Appeals Pending 

as of Start of 

Fiscal Year

Number of 

Appeals 

Received in 

Fiscal Year

Number of 

Appeals 

Processed in 

Fiscal Year

Number of 

Appeals Pending 

as of End of 

Fiscal Year

Fiscal Year 

2009

1 0 1 0

Fiscal Year 

2008

3 4 6 1

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

OASCR Response

 OASCR does not show an increase as compared with FY 2008. However, the number of 

FOIA requests that were received in FY 2009 were fewer than in FY 2008 and is, therefore, 

commensurate with the numbers below:

# of Full Grants # of Partial Grants

Fiscal Year 2009 3 10

Fiscal Year 2008 5 15
16

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

to Requests.

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

OASCR Response

 Requests are reviewed and, if necessary, the FOIA Specialist communicates with the 

requester for clarification purposes. The Specialist provides information to the requesters to 

assist them in locating information available on the public domain. The Specialist also assists 

requesters in narrowing their requests by explaining the complaint process and/or business 

process within the Department, and asking questions to ascertain the specific information 

that the requester wants and explaining specific records that OASCR is likely to have that 

would be responsive. Our acknowledgement letters includes the name, telephone number 

and email address of the FOIA Specialist. This allows the requester direct access to contact 

the Specialist in order to obtain the status of their request. 

 We have promoted awareness of the FOIA throughout OASCR by conducting several 

FOIA training sessions to our employees, in particular to program investigators and 

customer service personnel who have direct contact with the public. These sessions have 

taught them how to identify a request for information that should be handled under the 

FOIA.

 Further, the FOIA Specialist works with the IT and records management staff on a regular 

basis and receives full cooperation in coordinating requests for information.

Part III. Steps Taken To Increase Proactive Disclosures.

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

OASCR Response

 OASCR’s Web site contains many documents which relate to USDA’s civil rights mission, 

e.g. complaint filing procedures, policy statements, and civil rights regulations and manuals. 

Since the issuance of the new FOIA Guidelines, OASCR has added several items that 

generate public interests, i.e. litigation regarding the Black Farmer’s Settlement (Pigford v. 

Glickman), and documents regarding Secretary Tom Vilsack’s civil rights’ policy and vision 

at USDA. However, because of the nature of our core mission, the presumption of 

disclosure is limited. Specifically, all records pertaining to Final Agency Decisions and 

Determinations rendered in the adjudication of program and employment complaints are 

protected from public disclosure under Title VI and Title VII of the Civil Rights Act of 1964 

and, therefore, cannot be posted.

Part IV. Steps Taken To Greater Utilize Technology

1. Does your agency currently receive requests electronically? 
17

Yes. OASCR has a special email in-box for the submission of FOIA requests and appeals, 

which the public can access from our website. FOIA requests are also received by facsimile.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically? 

Yes. OASCR is currently using a table created in Microsoft Word to track requests.

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

Not applicable.

5. Does your agency use technology to process requests?

Yes. OASCR has purchased several high-speed color printers and high-speed scanners, and 

has contracted with an outside vendor to scan our complaint files into electronic formats. 

These mechanisms will further enhance our responsiveness. 

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

requests?

Not applicable.

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

No.

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

Annual FOIA Report?

OASCR is currently working with USDA’s Office of Chief Information Officer to 

implement an enterprise FOIA tracking system. The system will automatically produce the 

Annual FOIA Report and will have the capability to create custom ad hoc reports.

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

Requests.

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

OASCR Response 

 N/A (OASCR does not have a backlog).

Section Guidance

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

administrative appeals. 
18

OASCR Response

 Unlike the larger USDA agencies, OASCR is a Staff Office and, therefore, has only one fulltime position allotted to handle FOIA. This position remained vacant for over a year, but 

was filled during FY 2009. Since a FOIA Specialist has been hired, OASCR has been able to 

meet the time requirements set forth in the FOIA, as well as increase our average response 

time for simple requests to less than five days and complex cases to less than 20 days. 

Additionally, OASCR is considering a web-based application, which includes redaction 

software, to interface with our enterprise systems that will provide online access to an entire 

case file in real-time. This system will minimize the administrative processes, thus saving 

more time to respond to the requesters.
DEPARTMENTAL MANAGEMENT (DM)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

DM Response

 Departmental Management’s reviews of records for public release, and application of all 

FOIA exemptions, are conducted in accordance with the expectations set forth in the 

President’s FOIA Memorandum of 2009 and the subsequent Attorney General’s FOIA 

Guidelines.

 In response to these new FOIA standards, Departmental Management submitted two High 

Value Data Sets for consideration and posting on our Open Government website.

 Departmental Management processed 60 requests in 2008 and 61 requests in 2009. A large 

portion of the Fiscal Year 2009 requests were for procurement contracts and personnel 

records. This accounts for the increase in partial grants from zero in Fiscal year 2008 to 17 in 

Fiscal year 2009. Both procurement contracts and personnel issues require extensive and 

careful redaction under the law.

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year's Annual FOIA Report.

DM Response

Of the 60 requests received in 2008:

 55 were full grants.

 2 were no records responses

 1 was withdrawn 

 1 was not an agency record

 1 was referred to another component or agency.

Of the 61 requests received in 2009:

 22 were full grants

 17 were partial grants

 2 were full denials based on Title 5 CFR 2634.604

 5 were no record responses

 4 were referred to another component or agency

 5 were withdrawn

 3 were closed for fee related reasons

 1 the records were not reasonably described
20

 1 was not an agency record

 1 was a duplicate request

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

DM Response

Departmental Management has taken the following steps to ensure an effective system for 

responding to requests.

 Departmental Management shares the USDA established FOIA Service Center website. The 

Service Center serves as the primary means for the submission of FOIA requests to 

Departmental Management and the Office of the Secretary. Additionally, we encourage

requesters to use the webpage when uncertainty exists as to where to direct a particular 

request.

 In June 2009, Departmental Management improved the business approach to processing 

FOIA requests by converting our paper log to a Microsoft Excel tracking system. Presently, 

requests are immediately assigned a tracking number, reviewed to determine whether the 

information sought was previously released, and then provided to the requester. This new 

process reduces the processing time and costs associated with FOIA requests.

 Use of Microsoft Task Manager to manage processing of requests allows Departmental 

Management to create electronic ―tickler‖ that automatically send suspense date reminders 

to both the responsive office and the FOIA Officer. Identification of specific persons to 

handle the FOIA requests for their areas has facilitated the tracking process from initiation 

to closure, thereby improving the business approach of the program.

 Requesters are increasingly asking that records be transmitted electronically or placed on 

CD-Rom. Departmental Management has responded by converting hardcopy paper records 

to digital format and transferring the responsive records electronically or to CD. The use of 

electronic mediums reduces the amount of time a requester has to wait for responsive 

records.

 Departmental Management is committed to supporting an effective system for responding 

to FOIA requests. Several commercial demonstrations are currently under review in which 

our electronic system will be more streamlined wherein Departmental Management will 

share in an enterprise-wide FOIA tracking system.

Part III. Steps Taken Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.
21

DM Response

 Departmental Management receives several requests per year for information related to 

purchase card transactions, credit card holder lists, and contract information. Quarterly, we 

order compact discs containing this highly sought information to ensure rapid responses.

 In addition, Departmental Management has recommended to the USDA FOIA Officer that 

they include this information on the Open Government website.

Part IV. Steps Taken To Greater Utilize Technology

Departmental Management uses the following methods to increase productivity and take advantage 

of current technology

 Use of facsimile machines and electronic mail enable the program to provide alternative 

delivery methods, which reduce or eliminate mail transport time for requests.

 Scanners to convert paper copy requests and responsive documents to electronic records.

 Electronic mail and telephones are used to communicate with the requester to clarify or rescope an ill-defined request.

 Electronic mail is used to transfer requests to responsible offices, embed suspense dates and 

receive records from the responsive office. 

 Computer Software applications are used to track requests from receipt to closure in 

addition to assisting with the preparation of the Annual FOIA Report.

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

Requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

DM Response

 Increased FOIA visibility and management support led to a decrease in the reported backlog 

of 8 requests as of the end of Fiscal Year 2009.

 The backlog of 8 requests at the end of fiscal year 2009 has been reduced to 1 unresolved 

request. The request is 6 months old and must be cleared through the Secretary’s Office 

before they can be released.

 Departmental Management has no backlogged appeals.
FARM SERVICES AGENCY (FSA)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

FSA Response

 FSA published a formal Notice INFO-36, on May 6, 2009, alerting all FSA offices of the 

President’s FOIA Memorandum and the Attorney General’s FOIA Guidelines and 

providing guidance on how to apply them. The content of this Notice was discussed on the 

monthly teleconference that FSA holds with State FOIA/PA Officers and staff of its 

National FOIA offices. State FOIA/PA Officers discussed the content of this Notice with 

their respective County Offices.

 FSA applies the presumption of openness whenever possible and appropriate, particularly as 

a result of the President’s FOIA Memorandum and the Attorney General’s subsequent 

FOIA Guidelines.

 The nature of FSA programs do not always lend themselves entirely to the applicability of 

discretionary disclosures. However, where such discretionary disclosures are appropriate, 

information is increasingly released to the public in full grants. Where full grants are not 

possible, the use of partial denials is then applied.

 In FY 2009, FSA improved its implementation of the presumption of openness in 

responding to FOIA requests, as illustrated by the change in the ratio of partial grants to full 

denials based on exemptions that occurred between FY 2008 and FY 2009, as provided in 

the following table:

Fiscal Year # of Partial Grants # of Full Denials

2008 193 333

2009 384 280

 As these figures indicate, in FY 2009, FSA nearly doubled the number of instances in which 

partial releases were made when full disclosure was not possible in response to FOIA 

requests. 

 In its FOIA appeals process, FSA has long applied the presumption of openness. In FY 

2008, for example, 89% of all appeals (based on exemptions) that were processed were 

partially or completely reversed with additional information being released. Understandably, 

in FY 2009, only 71% of all appeals (based on exemptions) processed needed to be partially 

or completely reversed because FSA released so much more information in response to the 

FOIA requests at the initial request level.

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.
23

FSA Response

 See response to question 1, above, with respect to records released in part. With respect to 

requests where records were released in full, the total number of full grants within FSA 

remained approximately the same from 2008 to 2009. FSA has historically granted in full a 

significant proportion of the total number of FOIA requests received within the agency.

Fiscal Year # of Full Grants

2008 4,960

2009 4,937

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

FSA Response

 In FY 2008, FSA automated the process of responding to the annual FOIA report by 

developing and implementing a system (FOIA-CAP) that allows FOIA requests to be logged 

and tracked.. In FY 2009, FOIA-CAP was enhanced to enable ―real-time‖ use for the dayto-day monitoring of the status of FOIA requests in process. It was also modified to enable 

FSA to determine, at any point in time, which requests were in backlog status. In FY 2009, 

the use of FOIA-CAP enabled FSA to complete its annual FOIA report by the end of 

October, 2009.

 Also in FY 2009, FSA tested and implemented an electronic FOIA redaction system in its 

National FOIA offices and in its FOIA appeals office. Additional redaction system licenses 

were purchased for all of the 50 state offices and Puerto Rico. FSA plans to train all of its 

State FOIA/PA Officers in the use of electronic FOIA redaction in FY 2010.

 In FY 2010, the Washington DC National FOIA Office implemented an electronic case file 

system to support its manual administrative files.

Part III. Steps Taken To Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

FSA Response

 Despite the fact that so much of FSA’s data is protected by either the Privacy Act and or 

Section 1619 of the 2008 Farm Bill, a new exemption 3 statute, FSA program offices already 

provide significant amounts of aggregate and/or statistical data on the agency’s website. In 

FY 2009, FSA made plans to assist FOIA requesters seeking access to FSA data in electronic 

format by expanding information pertaining to these records on the ―frequently requested 

records‖ portion of its FOIA website. The planned implementation date of this project is 

mid-2010.
24

 FSA is in the process of designing a ―frequently requested records‖ page for its public FOIA 

website. On this page, FSA plans to post copies of all signed USDA Section 1619 

Cooperator Memorandum of Agreements, and other documents which might prove to be of 

interest to the public.

 FSA currently publishes an enormous amount of aggregate and statistical data to it pubic 

website, along with program handbooks and instructional guides.

Part IV. Steps Taken To Greater Utilize Technology

1. Does your agency currently receive requests electronically?

Yes. FSA has an electronic FOIA request form on its FOIA website and accepts FOIA 

requests in electronic format via email. Both National FOIA Offices have designated FOIA 

―mailboxes‖ for receiving these requests.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

Yes, as discussed in response to question II above, FSA tracks its FOIA requests through 

FOIA-CAP.

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

electronically?

Not applicable.

5. Does your agency use technology to process requests?

Yes, as discussed in response to question II above, FSA processes documents responsive to 

FOIA requests via an electronic redaction system in its National FOIA Offices and appeals 

office, and is in the process of expanding this use of technology to its state offices in FY

2010.

FSA also releases data requested in electronic format. The larger of FSA’s two National 

FOIA Offices primarily handles FOIA requests seeking data in electronic format.

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

requests?

Not applicable.

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

Yes, as discussed in response to question II above, FSA produces its Annual FOIA Report

through FOIA-CAP.

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

Annual FOIA Report?

Not applicable.
25

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

Requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

FSA Response

 FSA’s backlog of initial FOIA requests and FOIA appeals is decreasing, as illustrated by the 

following table:

Fiscal Year FOIA Requests FOIA Appeals

2008 25 26

2009 4 6

 The age of those backlogged FOIA requests that remain pending with FSA has also 

decreased. In FY 2008, the oldest backlogged request was older than 1 year old (416 days); in 

FY 2009, the oldest backlogged request was less than 1 year old (209 days). Unfortunately, 

the three oldest pending administrative appeals in FY 2008 were still pending at the end of 

FY 2009, due to delays in legal review outside of FSA’s control.

 Date of oldest request for FY 2008 was 2/7/2007 and 12/3/2008 for FY 2009

 Date of oldest appeal for FY 2008 was 4/22/2002 and 4/22/2002 for FY 2009 (with OGC 

for legal sufficiency review throughout FY 2009)

Section Guidance

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

administrative appeals.

FSA Response

 FSA is monitoring the timeliness of processing initial FOIA requests through its electronic

FOIA tracking system, FOIA-CAP. It is routing FOIA requests within FSA and USDA via

email to minimize delay. It is supplying the FOIA appeals process with copies of responsive

records and other documents that are at issue in administrative appeals via electronic means

to minimize delay. It is incorporating timeliness of responding to FOIA requests into the

performance standards of FOIA processors in offices where FOIA responsibilities comprise 

a significant portion of employees’ assignments.
FOOD AND NUTRITION SERVICE (FNS)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

FNS Response

 Information on the Open Government Directive is posted on FNS’ SharePoint site which is 

accessible to all employees. This information was sent to our Regional FOIA coordinators to 

distribute throughout their region. Training for FNS’ FOIA Coordinators was conducted in 

FY 2009, to include the new FOIA guidelines.

 Open Government Initiatives are also discussed during supervisory training.

 With the majority of FNS’ FOIA requests being investigatory records on participating retail 

stores for trafficking in the Supplemental Nutrition Assistance Program (SNAP), we are now 

releasing records in full produced from Anti-fraud locator sites using electronic benefits 

transaction data and store redemptions information. This information was previously 

withheld in full.

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year's Annual FOIA Report.

FNS Response

Received 

Requests

Full 

Release

Partial 

Denial

Full 

Denials

Other

Fiscal Year 2008 133 41.3% 27% 6% 24.8%

Fiscal Year 2009 142 40.8% 26% 3.5% 29.6%

Part II. Steps taken to ensure that Your Agency has an Effective System for Responding 

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

FNS Response

 Once request are received by the FNS FOIA officer they are logged into the tracker, 

assigned a number, and tasked to the appropriate program. Any request received by 

Regional/Field FOIA coordinators are sent to the FNS FOIA officer for proper handling. 

Requests are then sent to the program responsible for the requested records. When requests 
27

need to be more specific, the program contacts the requester instead of clarifying through 

the FNS FOIA officer thus reducing processing time. If requested information is already 

posted to the public, the FOIA coordinators direct requestors to the websites to obtain 

information faster and at less cost. 

 FNS employees who are active in the processing of FOIA requests have extraordinary IT 

support. FOIA requests are tracked with a Microsoft Excel Spreadsheet. This allows the 

FOIA officer to retrieve previous request more rapidly. Programs provide requesters with 

voluminous requested information on CDs or electronically. Multipage scanners connected 

to the FNS domain are used for scanning requested documents and providing a faster 

response to requesters via email. Documents are scanned in pdf format which allows the 

documents to be searchable.

Part III. Steps taken to increase proactive disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

FNS Response

 FNS maintains public websites for each program where volumes of information are indexed. 

FNS also maintains a Data and Statistics website where public disclosure of information can 

be located. FNS’ website also contains our FOIA guidelines, System of Records Notices, 

Forms, and index of records available to the public. FNS has been proactive with posting 

organization charts, phone directories, and commonly requested statistics.

Part IV. Steps taken to greater utilize technology 

1. Does your agency currently receive requests electronically?

FNS receives request electronically via email.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

FOIA requests are tracked with a Microsoft Excel Spreadsheet (previously Access database). 

The database did not allow a key word search which made it difficult to retrieve information 

on previous requests. 

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

Not applicable.

5. Does your agency use technology to process requests?

FNS uses email to task requests and to communicate with requesters. Any coordination with 

FOIA requests are electronically filed in a designated area on the FNS shared drive.

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

requests?

Not applicable.
28

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

The Annual FOIA Report is created using MS Word Document. Any preparation such as

median or average is calculated using MS Excel.

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

Annual FOIA Report?

Not applicable.

Part V. Steps taken to reduce backlogs and improve timeliness in responding to requests 

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

FNS Response

In FY 09, 26 requests did not meet the 20 working day suspense. In FY 09, five appeals were 

pending at the end of the year

 564 total days

 522 total days

 282 total days

 202 total days

 121 total days

In FY 09, six requests were pending at the end of the year. However, none where backlogged.

In FY 08, seven appeals were pending at the end of the year.

In FY 08, four requests were pending at the end of the year.

FNS’ backlog is continuing to fluctuate. Currently there is an increase in the appeal backlog and a 

decrease in the initial request backlog. The amount of time that OGC takes on reviewing appeals 

contributes to FNS’ appeal backlog along with all of the appeals pertaining to one program.

Section Guidance

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

administrative appeals.

FNS Response

 Programs that receive a high number of requests have internally implemented Standard 

Operating Procedures. These programs are utilizing Excel to track their program’s request 

and to compare their track with the primary FNS tracker to ensure their tracker is current. 

This program has increased the number of employees to assist with processing request or 

appeals.
FOOD SAFETY AND INSPECTION SERVICE (FSIS)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

FSIS Response

 FSIS has continued to expand the amount of data already available in its comprehensive 

Electronic Reading Room Website: 

http://www.fsis.usda.gov/FOIA/FSIS_Electronic_Reading_Room/index.asp.

 For example, having received numerous FOIA requests from consumer groups for 

microbiological testing data on pathogens such as Escherichia coli O157:H7 and Salmonella, 

FSIS now proactively posts this data on its Website:

http://www.fisi.usda.gov/science/data_collection_&_reports/index.asp

 In an effort to educate agency employees, industry stakeholders, and the general public, FSIS 

posted a two-part podcast concerning agency records being maintained and therefore subject 

to release: http://originwww.fsis.usda.gov/News_&_Events/Food_Safety_Inspection_Podcasts/index.asp. 

 Distributing via an internal agency newsletter, FSIS published an article titled ―Your 

Responsibility Under the FOIA‖ in June 2009. The article exhorted employees of the need 

to be responsive to FOIA requests, and it highlighted the President’s January 21, 2009, 

Memorandum for the Heads of Executive Departments and Agencies, directing them to 

―adopt a presumption in favor of disclosure.‖ In addition, the article highlighted the March 

19, 2009 FOIA guidance issued by Attorney General Eric H. Holder, Jr., wherein he noted 

that, ―the responsibility for effective FOIA administration belongs to all of us – it is not 

merely a task assigned to an Agency’s FOIA staff.‖

 FSIS published another article in May 2009, titled ―Understanding the Freedom of 

Information Act and Your Rights Under it,‖ and distributed it via the FSIS publication,

Small Plant News. In addition to educating industry stakeholders of their rights under the 

FOIA, it explained the nuances of what types of records are frequently requested and the 

type of material that is generally exempt from release. 

 FOIA training is frequently provided to agency employees, program offices, and senior 

management, always with an emphasis on the need to be vigilant in promptly carrying out 

FOIA responsibilities. In August 2009, District Managers and Deputy District Managers 

from all over the Country came to the District of Columbia for training on a variety of 

subjects – one of which was FOIA. In the FOIA presentation, the attendees were reminded 

of their responsibilities under the FOIA. They were also presented with key portions of the 

President’s January 21, 2009, Memorandum, and the Attorney Generals’ March 19, 2009, 

FOIA guidance.

# of Full Grants # of Partial Grants

Fiscal Year 2008 85 156
30

# of Full Grants # of Partial Grants

Fiscal Year 2009 85 166

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

FSIS Response

 FSIS routinely receives FOIA requests via regular mail, e-mail, facsimile, and through our 

online FSIS FOIA Mailbox (fsis.foia@usda.gov). 

 Once received, FSIS promptly loads each request into an electronic FOIA case management 

program, wherein an acknowledgement letter is produced and an e-mail is launched to 

various program offices designated to conduct a search for responsive records. Each 

program office has designated liaisons responsible for record searches and for clearing 

completed FOIA response packages for signature. Program offices regularly increase or 

decrease the number of personnel for these functions as needs require. 

 FSIS successfully transitioned its manual FOIA clearance processes to a streamlined 

electronic clearance using the USDA Enterprise Content Management Module (ECMM). 

Prior to transitioning to ECMM, FOIA packages were cleared for review and signature by 

carting stuffed folders throughout the building. This process often resulted in misplaced 

folders that required countless hours to duplicate and physically transport from one office to 

the next for review. With ECMM, FSIS has dozens of active FOIA cases in clearance at any 

given time, with more in the pipeline; and each of the cases are controlled, tracked, and 

accounted for with the ease of a few key strokes. In addition, simple reviews that took days 

to turn around may now take a matter of minutes.

 FSIS’ FOIA program receives the support it needs from the FSIS Information Technology 

(IT) staff. Because the majority of FSIS’ FOIA processing is electronic, adequate support 

from the IT staff is essential. IT staff routinely assists with hardware and software issues, 

such as installing 22 inch monitors for more efficient redacting, external hard drives for 

increased storage capacity, and a production grade scanner able to scan thousands of pages 

of responsive records. 

Part III. Steps Taken To Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

FSIS Response

 As mentioned above, FSIS continues to expand the amount of data available in its 

comprehensive Electronic Reading Room Website. In addition to the numerous records 

already available, an example of frequently requested records that have been posted 
31

subsequent to the issuance of the new FOIA Guidelines would be the addition of the Meat, 

Poultry and Egg Product Inspection (MPI) Directory in a Microsoft Excel format. Due to a 

large number of FOIA requests received for our MPI directory, FSIS posted the PDF 

version in the Electronic Reading Room: http://originwww.fsis.usda.gov/Regulations_&_Policies/Meat_Poultry_Egg_Inspection_Directory/inde

x.asp

 However, because the PDF version of the MPI Directory provided a rigid format that did 

not allow for sorting or compiling in different formats frequently requested by the general 

public, consumer groups, or industry stakeholders, FSIS has since posted the MPI directory 

in an Excel Spreadsheet, available in a version sorted by ―Establishment Name‖: 

http://origin-www.fsis.usda.gov/xls/MPI_Directory_by_Establishment_Name.xls, or a 

version sorted by ―Establishment Number‖: http://originwww.fsis.usda.gov/xls/MPI_Directory_by_Establishment_Number.xls.

 Before issuance of the new FOIA Guidelines, FSIS documents released under the FOIA, 

categorically disclosed the names of senior management officials, such as Assistant 

Administrators, Deputy Assistant Administrators, and members of the Senior Executive 

Service – primarily because these were the Agency policy-makers and the ones most often 

presented to the public for policy/issue comments. Under the new FOIA Guidelines, FSIS 

now releases the names of Division Deputy Director level and above because the new 

guidelines support the Agency’s determination that the ―public’s right to disclosure‖ 

threshold has been met for these positions. The public’s right to know the identities and 

contact information for these Agency policy-makers outweigh their individual’s right to 

privacy. 

Part IV. Steps Taken to Greater Utilize Technology

 FSIA routinely receives FOIA requests via regular mail, electronic mail, facsimile, and 

through our online FSIS FOIA mailbox (fsis.foia@usda.gov). FSIS has transformed a 

manual, paper-driven FOIA program, in which hundreds of thousands of pages of records 

were processed, copied, transported, and mailed using bulky paper folders and boxes, to a 

fully electronic system that is more efficient, requires less storage space, and substantially 

reduces mailing costs.

 FSIS takes full advantage of the FOIA software programs available in the marketplace. FSIS 

recently purchased a FOIA case management software program titled, Privasoft Access Pro 

Case Management. FSIS processes it records with software redaction tools, manages and 

tracks their case files with a computer assisted case management program, launches record 

search requests via electronic mail, and even routes their completed FOIA response 

packages for signature electronically using ECMM. 

 As mentioned above, FSIS receives FOIA requests via regular mail, e-mail, and facsimile, 

and through our online FSIS FOIA Mailbox: Email: fsis.foia@usda.gov. 

 As a testament to FSIS’ prowess in utilizing technology for managing its FOIA program, 

two FSIS members were interviewed for a June 3, 2009, article in Federal Computer Week 

magazine: http://fcw.com/articles/2009/06/08/feature-foia-tools.aspx?sc_lang=en. The 

article discussed how agencies have adapted their FOIA operations to meet the requirement 

of the Open Government Act of 2007. FSIS was cited in the article as an agency that has 

effectively leveraged technology to advance the effectiveness of their FOIA program. 
32

 Another step FSIS has taken to leverage the most benefit from technology is to create an 

electronic mail Subscriber Service for our monthly FOIA Reading Room Report. The FOIA 

Reading Room Report consists of every FOIA request received by FSIS during a specific 

month, including the FOIA Control Number, the requester name and organization, and a 

listing of the requested records: 

http://www.fsis.usda.gov/FOIA/FOIA_Request_Reports/index.asp. The Subscriber 

Service offers the public an opportunity to receive an automated e-mail notifying them every 

time the FOIA Reading Room Report is updated. There are currently in excess of 9,158 

subscribers to this service. A quick review of the first 500 subscribers indicate that, in 

addition to U.S. subscribers, many are from the United Kingdom, Hong Kong, Slovakia, 

Israel, Poland, Norway, Russia, Canada, Spain, and India. 

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

Requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

FSIS Response

The above measures are all intended to have a positive impact on reducing our FOIA backlog and 

increasing our responsiveness to FOIA requesters. To that end we have had some measurable 

success. The statistics below show a noticeable reduction in our FOIA caseload from the end of 

Fiscal Year 2008 to the end of Fiscal Year 2009:

Category End of FY 2008 End of FY 2009

Active Cases 219 160

Active Appeals 13 5

Backlog Cases 176 141

Backlog Appeals 13 5

Section Guidance

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

administrative appeals.

FSIS Response

 An important measure FSIS has taken to improve its timeliness and responsiveness to FOIA 

requests was transitioning its manual FOIA clearance process to a more streamlined 

electronic clearance using the USDA Enterprise Content Management Module (ECMM). 

With ECMM, FSIS has dozens of active FOIA cases clearance at any given time. With 

ECMM, simple reviews which previously took days to complete, now only take a matter of 

minutes, thereby getting information to the requesters much faster.
33

 In addition, FSIS hired a FOIA contractor in September 2009 to assist in processing our 

FOIA caseload.

 FSIS has recruited summer interns and support staff for the past two years to assist the 

FOIA staff in working through its caseload, thereby cutting down on processing time.
FOREIGN AGRICULTURAL SERVICE (FAS)

Chief FOIA Officer Report

March 2010

The Foreign Agricultural Service’s (FAS) receives a relatively small number of Freedom of 

Information Act (FOIA) requests each year, usually averaging about 50 requests per year. While few

in number, FAS FOIA requests generally have become more complicated and require more 

coordination with other USDA agencies.

Part I. Steps taken to apply the presumption of openness. 

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

FAS Response

 The FAS FOIA Officer works throughout the year to educate key agency officials about the 

latest developments in FOIA policy. As new Administration officials were appointed, the 

FOIA Officer met with each to discuss the agency’s FOIA process, their roles and 

responsibilities. This included information about President Obama’s January 21 FOIA 

Memorandum and subsequent information.

 In response to the President’s Memorandum, FAS has released more information in full than 

it withheld. For example, in Fiscal Year 2008, FAS released 15 full grants and 18 partial 

grants. In comparison, in Fiscal Year 2009, FAS released 40 full grants and 6 partial grants.

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

FAS Response

 FAS has always released the vast majority of its records in full; there is no change.

Part II. Steps taken to ensure that your agency has an effective system for responding to 

requests. 

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

FAS Response

 The FAS FOIA Officer works actively to encourage requestors to submit their requests 

electronically through email or other electronic mediums. FAS has learned that use of 

electronic mediums to process FOIA requests is a more efficient and simpler step, which 

allows faster and clearer lines of communications with requesters. FAS IT staff support the 

FOIA process on an ―as-needed‖ basis, conducting email searches and other electronic 

searches in response to requests. This process allows for a more comprehensive search for 

responsive documents.
35

Part III. Steps taken to increase proactive disclosure. 

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

FAS Response

 The FAS FOIA Officer also oversees the agency Web site, so the agency has always been at 

the forefront of efforts to increase the volume of information available electronically. FAS 

has over 60,000 documents online and available to the public. Each FAS program has 

thousands of pages of documents, ranging from educational material to data that report on 

FAS program-related activities. FAS is frequently able to steer most requesters to material 

already available online. Because of our success in this area, FAS has launched several new 

databases in the past year which allow requesters to find readily available and easily 

accessible information online.

Part IV. Steps taken to greater utilize technology

1. Does your agency currently receive requests electronically?

FAS does receive requests electronically.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

FAS does not track requests electronically.

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

The major impediment is cost. Since FAS receives such a small volume of requests, the 

agency cannot justify the additional expense of tracking software.

5. Does your agency use technology to process requests?

FAS does not process requests electronically.

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

requests?

The major impediment is cost. Since FAS receives such a small volume of requests, the 

agency cannot justify the additional expense of processing software.

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

FAS does not use technology to prepare its annual FOIA report.

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

Annual FOIA Report?

The major impediment is cost. Since FAS receives such a small volume of requests, the 

agency cannot justify the additional expense of FOIA software.
36

Part V. Steps taken to reduce backlogs and improve timeliness in responding to requests.

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

FAS Response

In Fiscal Year 2008, FAS reported 3 backlogged requests (May 23, 2007). In comparison, in Fiscal 

Year 2009, FAS reported ―zero‖ backlogged cases.

FAS Response

FAS took the following steps to eliminate its backlog of overdue FOIA requests:

 Educated management and program area staff on the FOIA process and need for 

timeliness.

 Added monitoring of the completion of FAS’ 10 oldest FOIA requests to monthly 

management reports.

 Began reporting backlogged requests directly to program area supervisors to ensure their 

attention and action.
FOREST SERVICE (FS)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

FS Response

 The Washington Office (WO) Forest Service FOIA Service Center personnel and its 

Regional Office (RO) FOIA Coordinators have taken steps to inform FOIA analysts at all 

levels in the organization of the new President’s FOIA Memorandum and Attorney 

General’s FOIA Guidance. We distributed these principles nationwide immediately, via 

email, and they became our main topic of discussion during quarterly conference calls.

 WO has informed our program employees wishing to withhold records under FOIA 

Exemption 2 or 5 that they must provide WO with a written justification which outlines the 

harm to agency processes that will result from the release of this information. This practice 

has resulted in multiple discretionary releases of information which could have been 

withheld under Exemption 2 or 5. For example, WO is now releasing in full the 

recommendations section in all WO Accident Investigation Reports. Previously, this section 

was withheld in its entirety under FOIA Exemption 5.

 The WO FOIA Office continues to provide training and guidance to our Regional Office

FOIA Coordinators and WO Program Area FOIA Coordinators. We conduct regularly 

scheduled bi-monthly teleconferences to provide guidance on implementing the FOIA, and 

to respond to any questions they may have regarding the processing of requests. When the 

need arises, teleconferences are conducted on a more frequent basis. All regional FOIA 

personnel are encouraged to call the agency FOIA Officer or the WO FOIA Analysts with 

questions that may arise on a daily basis regarding the processing of requests or the 

implementation of the Act.

 In Fiscal Year 2009, the WO FOIA Office emphasized technical assistance visits to the 

Regional Offices. To date, the agency has conducted visits to our Pacific Southwest Region, 

Southwestern Region, and Eastern Region. The visits provide technical reviews of Regional 

FOIA programs and individualized training for all Regional FOIA Analysts and other 

personnel. Discussions include updates concerning FOIA rules, regulations and case law; 

and their applicability to requests for records that are processed by the Region and Forests. 

 Regional FOIA personnel have also received individualized training at the WO FOIA 

Office. To date, The FOIA Coordinators for the Southern Research Station and the 

Southern Region have traveled to the WO FOIA Office to receive hands-on training.

Section Guidance

2. Report whether your agency shows an increase in the number of requests where records have 

been released in full or where records have been released in part when compared with those 

numbers in the previous year's Annual FOIA Report.
38

FS Response

 The Washington Office consistently seeks to release as much information as possible in 

response to FOIA requests. In Fiscal Year 2009 the Forest Service processed 2,490 requests, 

of which 1559 were released in full. In Fiscal Year 2008 the agency processed 2661 FOIA 

requests, of which 1695 were released in full. Statistically, we have held steady on the full 

releases at 64% and 63% respectively.

 FS FOIA personnel are directed to review its withholding under Exemptions 2 and 5, and to 

review the information for discretionary release. The FS more frequently waives its right to 

withhold records under Exemption 2, when applicable. We have also increased our attention 

to decreasing the dependency of Exemption 5. We continue to segregate information 

contained in the documents which, if released, could adversely affect the agency’s internal 

decision making process. Thus, more pages are released in part, and we have increased the 

number of partial releases by approximately 20%. 

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

FS Response

 As the Attorney General emphasized in his FOIA Guidelines, ―[a]pplication of the proper 

disclosure standard is only one part of ensuring transparency. Open government requires not 

just a presumption of disclosure, but also an effective system for responding to FOIA 

requests.‖ 

 The FS FOIA Service Centers take pride in this area. Our current procedures allow for 

immediate acknowledgment of requests received. Our acknowledgement letters have been 

expanded to include the name, telephone number and email address of the analyst assigned 

to the case. This allows the requester direct access for contacting the analyst when checking 

on the status of their request. Once the analysts receive their assigned requests, they are 

reviewed and if necessary the analyst communicates with the requester for clarification 

purposes. Our analysts also provide information to the requesters to assist them in receiving 

the information available in the public domain. For example, we contacted a requester from 

Oregon who was willing to pay thousands of dollars to obtain records from us that he could 

have easily downloaded from the Federal Procurement Data System (FPDS).

 Analysts also assist requesters in narrowing their requests by explaining the business 

processes at the Forest Service, identifying information that the Forest Service has made 

available via its web site or other means, and asking questions to ascertain the specific 

information that the requester wants.

 Internally, we have also implemented a reorganization which now gives the WO FOIA 

Analysts direct contact with the program staff specialists (Subject Matter Experts) who 

would be very familiar with the records requested. This therefore saves hours of searching 

for responsive records. In addition, the individual WO Staff FOIA Coordinator positions 

were abolished to remove an extra ―layer‖ which slowed the process. 
39

 In an effort to heighten the awareness of the FOIA throughout the agency, our Human 

Resources Management (HRM) Office has implemented several changes. Training on the 

FOIA is now incorporated into the all new employee orientation. Each new employee is 

provided with the necessary knowledge which will enable them to recognize when a request 

for information should be handled under the FOIA. HRM has revised the position 

descriptions for FOIA employees to include knowledge, skills, and abilities that pertain to 

The Privacy Act and records management. Having a background in both disciplines 

decreases the time it takes to identify the program area that would be in possession of the 

records requested. HRM is currently in the process of establishing additional FOIA positions 

to handle requests that may need clarification of responsive records to preempt or prevent 

unnecessary appeals.

 The Forest Service’s regional offices have taken steps to increase the communication with 

regional leadership. Many of our regional office coordinators meet with the Executive 

Leadership Teams to keep lines of communication open. In addition, they often brief staff 

directors concerning FOIA requests that are received or when their staff has to perform a 

search for records that may be responsive to a FOIA request. 

 Our Southern Research Station (SRS) has created a Management and Program Analyst 

Position to support the SRS FOIA Coordinator. The position will enhance the effectiveness 

of the SRS FOIA Program and provide an additional means to ensure timely responses to 

FOIA requests. The RO Coordinators regularly attend training at the USDA Graduate 

School and take advantage of other FOIA training opportunities. 

 The Forest Service is in the process of implementing a nationally automated FOIA Tracking 

System, FOIAXpress, which will integrate our FOIA request management functions. The 

web-based system includes redacting software and will incorporate legacy data from other 

electronic sources currently being utilized within the agency. The system will minimize the 

administrative processes, thus saving time to respond to the requesters. It will also 

streamline cooperative processing of requests received for national data and promote the 

sharing of resources.

Part III. Steps Taken To Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

FS Response

 A recent review of program area postings on our Forest Service web site revealed that the FS 

program areas and regional offices are increasingly proactive in making public information 

readily available. While we are currently working to debut our new FS web site, we continue 

to post and maintain records related to frequently requested FOIA appeals on our current 

web site.

 Since issuance of the new FOIA Guidelines, the Intermountain Region of FS has been 

making an effort to reduce the amount of FOIA request received by posting all of their 

Ranger Annual Operating Instruction online. Historically, these documents have been 

frequently requested records under the FOIA.

 Outside the FOIA program, since issuance of the new FOIA guidelines, the Forest Service 

continues to inform the public on programs which directly affect them. Some of these 
40

programs were initiated by the new administration. For example, we have created a new web 

site for the American Recovery and Reinvestment Act (http://fs.usda.gov/recovery), we 

have also improved our web site to clearly explain the agency’s priorities 

(http://www.fs.fed.us/) i.e., climate change, planning rule, water quality. 

 The agency also recently implemented the National Environmental Policy Act (NEPA) 

Documentation System. This system tracks projects and provides documentation to users 

for each project that requires NEPA. The documentation may consist of maps, requests for 

comment, scoping, analysis, decision, supporting/reference material, press releases and 

specialist reports. The Forest Service is working to enhance the system to improve the 

reports and documentation that are automatically uploaded to each related unit's website. We 

have the ability to scan all non-electronic documents and post documentation to the web site 

in order to make them available to the public.

 Each year, FS receives multiple requests for records pertaining to the annual Rainbow 

Family Gathering, which is held on at a different national forest each year. Since issuance of 

the President and Attorney General’s FOIA Memo’s, the Santa Fe National Forest (in our 

Southwest Region) has posted records online pertaining to the 2009 Rainbow Family 

Gathering, including redacted copies of the special use permit issued to the Rainbow Family.

 Our Southern Research Station maintains a web site that contains information on their 

research products. The site currently contains approximately 30,297 publications and 

technical reports that are available for public viewing and printing.

 The Forest Service routinely posts to the FS web site completed Peer Review Plans for 

performing peer reviews of influential or highly influential scientific topics. In addition, we 

routinely publish pre-dissemination peer review plans on our public web site, making this 

information available to the public for viewing and printing.

Part IV. Steps Taken To Greater Utilize Technology

1. Does your agency currently receive requests electronically?

Yes. FOIA requests can be submitted via email or facsimile. The Forest Service created a

special email in-box for the submission of FOIA requests and appeals, and requests and

appeals are accepted even when received by individual Forest Service employees, both FOIA

and non-FOIA.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

Yes. While awaiting the implementation of our new tracking system, we are utilizing an

electronic form (Form 6200-33) with data collection capability which was deployed 

nationally. We are also currently using Microsoft Excel for processing and tracking.

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

electronically?

Not applicable.

5. Does your agency use technology to process requests?
41

Yes. Some of our Regional FOIA Coordinators have purchased electronic redaction systems. 

The Forest Service’s objective is to have all FS units responsible for processing FOIA

requests to use the same electronic processing system by the end of 2010. We are also 

purchasing high-speed scanners and high-speed color printers to further enhance our 

responsiveness. 

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

requests? 

Not applicable. 

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

Yes, we are utilizing an electronic form with data collection capability which was deployed 

nationally. This form captures all the necessary data to produce the FOIA Report. 

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

Annual FOIA Report? 

Not applicable. 

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

Requests 

Section Guidance 

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals. 

FS Response 

Fiscal Backlog Backlog Backlog Backlog 

Year Requests Appeals at WO Appeals in OGC Appeals & 

Requests Totals

FY 2006 40 17 27 84

FY 2007 40 14 36 90

FY 2008 15 25 8 48

FY 2009 36 15 14 65

% (Avg.) 3%

Note: This percentage of backlog is generated from the approximate number of 2600 FOIA 

Requests and Appeals processed nationwide each year. Noteworthy is the effort in FY2008 

to decrease the backlog. However, we found that reducing the backlog to zero is nearly 

impossible. Therefore, we will continue to be as responsive as we have been with the goal of 

decreasing the backlog even more. During FY 2008, the oldest FOIA request received was 

dated 9/21/2007; the oldest FOIA appeal received was dated 7/7/2004. During FY 2009, 

the oldest FOIA request received was dated 10/1/2008; the oldest FOIA appeal received 

was dated 7/7/2004. 
42

Section Guidance

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

agency is taking to bring about a reduction.

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

administrative appeals.

FS Response

 The Forest Service leadership understands the importance of being responsive to requesters 

in a timely manner. Therefore, our leaders have provided the resources necessary to 

effectively manage the current FOIA program as well as to meet any new requirements that 

may be forthcoming. We have been able to fill vacant FOIA positions and have purchased 

the latest in FOIA processing software and necessary peripherals, i.e., high-speed scanner, 

high-speed color printer, etc., This move has and will continue to increase our average 

response to simple requests to less than 12 working days, and complex requests to less than 

33 working days.

 Furthermore, our ―interim‖ solution (FS 6200.33) and the future FOIA Express tracking 

system will continue to provide monthly activity reports of FOIA requests processed, 

pending, etc., to FS Headquarters, regional offices, and the Forest level. These monthly 

reports serve as reminders to continue decreasing the backlog and prevent FOIA lawsuits 

based on the Agency not meeting the time requirements set forth in the FOIA. 

 We continue to encourage our program staff nationwide to proactively post records they 

believe result from an increase in public interests. Our new policy is to post information 

resulting from at least two requests within the same fiscal year.
GRAIN INSPECTION, PACKERS AND STOCKYARDS 

ADMINISTRATION (GIPSA)

Chief FOIA Officer Report

March 2010

Part I. Steps taken to apply the presumption of openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

GIPSA Response

 On April 15, 2009, GIPSA’s FOIA Officer sent the Administrator and Deputy 

Administrators a memo detailing the new guidelines governing the FOIA. The memo 

explained President Obama’s January 21, 2009, declaration that the FOIA should be 

administered with a clear presumption of disclosure. It also provided the new mind set for 

FOIA professionals and detailed the steps to be taken in achieving transparency and 

accountability.

 The FOIA Officer wrote an article titled ―New FOIA Guidelines,‖ which appeared in the 

May 2009 issue of the ―GIPSA News,‖ a monthly newsletter for all GIPSA employees. The 

article summarized President Obama’s new FOIA guidelines, explained how GIPSA’s FOIA 

program can be implemented effectively; and emphasized that with continued cooperative 

working relationship GIPSA can achieve the ―new era of open government.‖ 

 GIPSA reviewed responsive documents to determine their applicability to the FOIA 

Exemptions and to determine if discretionary disclosures could be applied where applicable.

Exemptions which could be the subject of discretionary releases are as follows:

Exemption # of 

Requests

Determination Reason

(b)(2) 0 No documents

(b)(4) 6 No discretionary 

releases

GIPSA records containing CBI 

are prohibited from release 

pursuant to GIPSA policy
44

Exemption # of 

Requests

Determination Reason

(b)(5) 4 No discretionary 

releases

Three requests sought 

records relating to vacancy 

announcements. The 

records reflected the 

deliberative process in the 

selection process. 

Responsive documents of 

another request contained 

the deliberative process 

relating to an investigation

Fiscal Year # of Requests Received # of Full Grants # of Partial Grants

2008 157 123 10

2009 115 87 14

Part II. Steps taken to ensure that your Agency has an effective system for responding to 

requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

GIPSA Response

 GIPSA’s FOIA program is centrally located in Washington, D.C. One individual, the FOIA 

Officer, is responsible for administering the GISPA’s program nationwide. The FOIA 

Officer primarily receives requests. Some requests come through GIPSA’s Webmaster while 

others are submitted to GIPSA’s offices that are located across the United States. Ultimately, 

the FOIA Officer receives all requests, reviews for responsiveness and releasibility, and 

responds on behalf of GIPSA. The FOIA Officer has an excellent working relationship with 

individuals in all GIPSA offices who provide the utmost assistance and cooperation in 

locating responsive records and in providing review assistance when necessary. 

 GIPSA’s FOIA Officer receives excellent and timely support from the Agency’s webmaster 

and Information Technology (IT) Staff relating to postings on GIPSA’s public website and 

FOIA website. 

Part III. Steps taken to increase proactive disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.
45

GIPSA Response 

 GIPSA has brought modernized business operations to the web to better service its grain 

customers. The state-of-the-art system, FGISonline, is a portfolio of online business 

applications that changes the way GIPSA’s grain program does business and brings official 

inspection and weighing to the desktop. The modernization effort improves the efficiency 

and effectiveness of service delivery by streamlining business practices. Ultimately, 

FGISonline will provide instantaneous access to official inspection certificates for customers 

around the world.

 GIPSA has posted on its public web site entities that are subject to the Packers and 

Stockyards Act—those that are required to maintain a bond (market agencies, dealers, and 

packers) and those subject to the statutory trust provisions (bonded packers and live poultry 

dealers). The lists and bond amounts are current. Once a file is opened, one can use the 

"Find" option under the "Edit" menu to locate specific regulated entities. 

 GIPSA’s Packers and Stockyards Program is also working toward posting market agencies’ 

and stockyards owners’ tariff schedules on the GIPSA web site. Every stockyard owner and 

market agency offering stockyard services at a stockyard must file a tariff showing their 

schedule of rates and charges for services offered. GIPSA reviews and maintains tariffs and 

tariff supplements for investigating the validity of any complaints filed about the 

reasonableness of rates. At the present time, requests for tariff schedules are handled as 

FOIA requests; but when posted on GIPSA’s web site, the public will have them readily 

available.

Part IV. Steps taken to greater utilize technology

1. Does your agency currently receive requests electronically?

GIPSA’s FOIA policy allows for the public to submit requests electronically.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

GIPSA maintains a record of FOIA requests in Excel which has the ability to track requests 

electronically and to prepare the annual FOIA report more efficiently. The spreadsheet 

contains formulas to calculate how many requests were granted in full, partial denial, entirely 

denied, administratively closed, or non responsive documents as well as to calculate the 

number of days to complete requests.

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

Not applicable.

5. Does your agency use technology to process requests?

GIPSA’s Information Technology Staff located software titled, ―PractiCount and Invoice‖ 

which electronically counts pages of documents that are on a hard drive or located on CD. 

This is a great tool to use when it is necessary to notify a requester of the total number of 

pages located for fee assessment purposes and for daily processing.

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

requests?
46

Not applicable.

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

GIPSA maintains a record of FOIA requests in Microsoft Excel which has the ability to 

track requests electronically and to assist in the preparation of the Annual FOIA Report. 

The spreadsheet contains formulas to calculate how many requests were granted in full, 

partial denial, in their entirety, etc.

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

Annual FOIA Report?

Not applicable.

Part V. Steps taken to reduce backlogs and improve timeliness in responding to requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

GIPSA Response

 GIPSA’s backlog at the end of FY 2009 was four requests, of which all were processed by 

January 2010. GIPSA had no administrative appeals pending at the end of FY 2009.

 GIPSA’s oldest pending request for FY 2009 was dated August 24, 2009.

 Prior to FY 2009, GIPSA’s last backlog was near the end of FY 2006.

Section Guidance

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

administrative appeals.

GIPSA Response

 GIPSA does not have a problem responding to FOIA requests within the statutory 

timeframe. In FY 2009, GIPSA received 106 simple requests; the median number of days to 

complete was 2. GISPA received 9 complex requests; the median number of days to 

complete was 11.
NATIONAL APPEALS DIVISION (NAD)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

NAD Response

 Although historically NAD has received relatively few FOIA requests (nearly 10 per year), 

we have a history of releasing information to the public with an attitude of openness and 

responsiveness (when legally permitted to do so).

 In almost all instances, if NAD has the information requested, we will release it. For 

example, in FY 2009, NAD received ten requests. In nine of those requests, NAD had the 

information requested and granted full disclosures in four instances. In the remaining 

requests, NAD did not have the information requested and instead referred them to the 

appropriate offices where that information could be found.

 NAD does take care, however, to ensure that information from a legally protected source is 

properly secured prior to release.

 NAD’s website consists of instructions on how to file a FOIA Request. The electronic 

reading room and other information are routinely available to the public, as well as 

documents frequently requested under the Freedom of Information Act. 

http://www.nad.usda.gov/foia.html

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

NAD Response

 NAD has not had any significant increase in the number of FOIA Request over the past 

year. In FY 2009 there were 10 requests, whereas in FY 2008 there were 23 requests.

 The number of FOIA request decreased from a historical high of 23 in FY 2008 to 10 in FY 

2009.

 In FY 2008, of the 23 request NAD received, we possessed the information requested and 

granted full disclosures in 11 of those instances. NAD did not have the information for nine 

of those requests and referred the requester to agencies where that information was located.

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.
48

NAD Response

 NAD’s FOIA program is centrally located in Alexandria, Virginia. One individual, the Legal 

Affairs Officer, is responsible for administering NAD’s program nationwide and ensures all 

FOIA requirements for responses are timely implemented. The Legal Affairs Officer 

receives all FOIA requests from the general public. NAD has also received requests that 

come from the USDA FOIA Office in Washington, D.C., and one of the three regional 

offices affiliated with NAD. The Legal Affairs Officer also ensures the FOIA database is 

correct. 

 The Legal Affairs Officer position was recently changed from ―External Affairs Officer‖ so 

as to make the Legal Affairs Officer the team leader for the appeals staff support personnel. 

This change ensures that the Legal Affairs Officer has sufficient support if high-volume 

FOIA requests are filed.

 NAD maintains sufficient IT support to track, report, and respond to FOIA requests. 

FOIA information is contained in a cases tracking database that is housed in a USDA 

enterprise facility. NAD also has program management and network support to operate and 

maintain this mission critical system.

 The Legal Affairs Officer receives routine training and system updates which prepare him to 

quickly identify problems and incorporate solutions.

Part III. Steps Taken To Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

NAD Response

 NAD continues to focus on increasing the amount of material available to the general public 

on its website. This is an effort to improve the efficiency and effectiveness of service NAD 

delivers and to give customers access to information. The material on the website generally 

addresses information requested in FOIA inquires.

 One example of a public disclosure that NAD made online allows the public to search for 

Hearing, Review, and Appealability determinations. The site can be found at: 

http://www.nad.usda.gov/public_search.html.

 NAD believes this public tool, which also offers text search capabilities, greatly reduces the 

number of FOIA requests, since our determinations continue to represent the majority of 

information requested from NAD.

 NAD also posts statistical information concerning case results.

Part IV. Steps Taken To Greater Utilize Technology

1. Does your agency currently receive requests electronically?

At present NAD does not accept FOIA requests electronically. NAD utilizes a database 

reporting system to prepare routine and ad hoc reports.

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

receive request electronically? 
49

NAD has so few requests and has yet to identify a suitable electronic system. However, 

NAD anticipates joining the Department’s FOIA community when that system is procured 

and operational.

3. Does your agency track requests electronically?

Yes, NAD utilizes a database reporting system, NADTrack, to prepare routine and ad 

hoc reports. All FOIA information is input and retrieved electronically.

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

requests electronically?

Not applicable. 

5. Does your agency use technology to process requests?

Yes, NAD utilizes a database reporting system, NADTrack, to prepare routine and ad 

hoc reports. All FOIA information is input and retrieved electronically.

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

requests? 

Not applicable. 

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

Yes. NAD’s current electronic tracking system, NADTrack, does allow for the creation 

of various reports needed to draft NAD’s Annual FOIA Report. 

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

your Annual FOIA Report? 

Not applicable. 

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

Requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

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

administrative appeals.
50

NAD Response

 All the aforementioned measures have been implemented to improve response to the public. 

NAD had only one backlog request at the end of FY 2009. This request is pending response 

from the Office of General Counsel. 

 NAD meets all statutory guidelines for FOIA. In FY 2009, NAD received 10 requests and 

23 requests for FY 2008.
NATURAL RESOURCES CONSERVATION SERVICE (NRCS)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

NRCS Response

 NRCS administers the FOIA to reflect our nation’s fundamental commitment to open 

government as set forth in the President’s January 21, 2009, FOIA Executive Memorandum 

and the Attorney General’s March 19, 2009 FOIA Guidelines. NRCS Agency FOIA 

personnel participated in several training workshops which provided guidance to state FOIA 

Offices and NRCS headquarters.

 NRCS reviewed records in light of the presumption of openness with a view toward 

determining what can be disclosed, as opposed to what information should be withheld.

 NRCS maintains a FOIA website, which serves as a reference guide, providing information 

to the public concerning accessing non-FOIA records, submitting FOIA requests, accessing 

information of public interest through our reading room, and contacting FOIA personnel.

 NRCS is liberal about the release of requested information, unless prohibited by law. In 

Fiscal Year 2009, NRCS processed 468 requests. Out of the 468 requests processed, 336 

were full grants of the information requested, and 62 were partial grants/partial denials of 

information.

 In Fiscal Year 2008, NRCS processed 458 requests. Out of the 458 requests processed, 232 

were full grants of the information requested, and 77 were partial grants/partial denials of 

information. Therefore, NRCS increased its processed requests for full granting in Fiscal 

Year 2009, and decreased its processed requests of partial grants/partial denials in Fiscal 

Year 2009.

 NRCS applies the presumption of openness in the following ways:

 Informs management of FOIA guidelines, regulations, and memoranda and emphasizes 

the importance of disclosure;

 Each state posts regularly requested information on their FOIA webpage;

 Provides access to manuals, handbooks, program information, and technical references 

issued by the Agency through the FOIA webpage.

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

to Requests.

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 
52

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

NRCS Response

NRCS ensures the agency has an effective system for responding to requests by:

 NRCS uses the Colab Tracking System where requests are logged in and acknowledgement 

letters are generated and sent directly to requesters;

 NRCS also call requesters for clarification and to ―perfect‖ a request;

 NRCS IT Division updates and maintains key NRCS web sites including the NRCS FOIA 

page;

 Our IT Division assists FOIA with information security, network connectivity, FOIA 

databases and email;

 Working with Agency IT staff to develop the database and system interfaces to afford eases 

of use and information accessibility.;

 Conducting regional teleconferences and net conferences with state offices as an economical 

way to provide training, discuss updates in FOIA policy, and share information;

 Updating contact information for state offices and centers on the NRCS FOIA Website to 

ensure the public is provided with the most current information.

Part III. Steps Taken to Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

NRCS Response

NRCS has sought to increase proactive disclosures with the public by taking the following steps:

 Developed a link for customers on the NRCS FOIA website for suggestions and comments 

to be submitted to the National FOIA Office. This information is updated and can be 

accessed at http://www.nrcs.usda.gov;

 The NRCS website contains links to information that would be of public interest. For 

example, information concerning the different types of NRCS EQUIP and WRP programs

and current NRCS Policies and procedures, manuals, and national bulletins;

 Posts FOIA memoranda and resources on the NRCS website;

 Conducts regional training/discussion teleconferences with state offices to emphasize the 

importance of disclosure and answer questions;

 Each State posts regularly requested information on their FOIA webpage;

 Provides access to agency manuals, handbooks, and technical references through the 

Electronic Directives System, located on the NRCS website.

Part IV. Steps Taken to Greater Utilize Technology 

NRCS utilized technology through: 

 Establishing a link on the FOIA page of the NRCS Website to receive requests 

electronically. This link also enables the public to provide feedback and submit questions to 

Agency FOIA personnel;
53

 Developing a uniform national and state office tracking system to monitor all pending 

requests and appeals electronically;

 Working with Agency IT staff to provide updates to the tracking system and FOIA website;

 Issuing guidance and FOIA updates to state offices through the Electronic Directives 

System;

 Providing state and field office training through teleconferences and net meetings.

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

Requests.

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

NRCS Response

NRCS does not have a backlog of requests. Pending requests which are received at the end of one 

Fiscal Year and have a response due date in the following Fiscal Year are reported to the National 

FOIA Officer. In such cases the twenty working days has not elapsed. 

Section Guidance

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

administrative appeals.

NRCS Response

NRCS has sought to reduce backlogs and improve timeliness in responding to requests through 

several ways:

 Conducting meetings (through teleconferences/net meeting) with State FOIA Officers to 

provide training and guidance;

 Issuing National Bulletins to State FOIA Officers to inform them of FOIA updates and 

provide Agency guidance on processing requests;

 Reviewing the tracking system to monitor the timeliness of responses and follow up with 

states to ensure expeditious processing.
OFFICE OF BUDGET AND PROGRAM ANALYSIS (OBPA)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance 

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

OBPA Guidance

 OBPA has always responded to FOIA requests with a ―spirit of openness.‖ OBPA has 

granted in full all of the FOIA requests in which the Agency has had pertinent records.

 OBPA has only denied two requests since FY 2003. One request asked for future 

information, making responsive documents unavailable. The second request was a referral 

from another USDA agency in which OBPA did not have responsive documents.

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

OBPA Response

 There has been no effect on releasable information to-date on OBPA’s FOIA requests 

compared to our previous year’s Annual FOIA report.

 In FY 2010, OBPA has received 4 requests, of which two were granted in full and two were 

―no responsive documents.‖

 OBPA received 4 requests in FY 2009. Three were granted full release, while the fourth 

request was withdrawn by the requester.

 OBPA received 9 requests in FY 2008. Five requests were granted in full. OBPA had no 

pertinent records for three of the requests, and one request was denied since it asked for 

future records.

Part II. Steps Taken to Ensure that OBPA has an Effective System for Responding to 

Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

OBPA Response

 OBPA receives a small amount of requests and acts on all items immediately upon receipt. 

OBPA’s staff understands the importance of FOIA requests and promptly replies to all 

inquiries by the FOIA Officer. Also, OBPA’s IT staff is always ready to aid in any way 

needed. 

 OBPA has one employee that works part-time on FOIA requests. The responsibilities 

equate about ten percent of their annual duties. 
55

Part III. Steps Taken to Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

OBPA Response

 OBPA displays USDA’s most recent budget and supplementary information on our website. 

We have also made copies of USDA’s budget summaries through 2003 available on our 

website. 

 OBPA has not taken any additional steps in proactive disclosure since the issuance of the 

new FOIA guidelines. 

Part IV. Steps Taken to Greater Utilize Technology

1. Does your agency currently receive requests electronically?

OBPA has posted our agency’s FOIA contact information on our webpage. We receive 

requests through mail, fax and e-mail. 

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

requests electronically?

No impediments. 

3. Does your agency track requests electronically?

OBPA tracks FOIA requests through a Microsoft Excel spreadsheet. 

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

OBPA receives a small amount of FOIA requests – it is not cost effective for OBPA to

spend money on technology that would only be used for FOIA purposes. OBPA received 

only 4 FOIA requests in FY 09. 

5. Does your agency use technology to process requests?

OBPA sends FOIA requests around to OBPA personnel by e-mail. Our requests are tracked 

in an electronic spreadsheet. Further, the requests and OBPA’s responses are scanned and 

saved in an electronic FOIA Folder. 

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

requests?

Due to the small amount of requests received by OBPA, it is not cost effective for the 

agency to spend money on any further technology that would only be used for FOIA 

purposes. 

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

OBPA fills out the electronic Microsoft Word Table, but counting is done manually. 

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

Annual FOIA Report?
56

Due to the small amount of requests received by OBPA, it is not cost effective for the 

agency to spend money on any further technology that would only be used for FOIA 

purposes. 

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

Requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

OBPA Response

 OBPA’s Current Backlog – 0

 OBPA’s Pending Backlog at the end of FY 09 – 0

 OBPA’s Pending Backlog at the end of FY 08 – 0

 Current Administrative Appeals – 0

 Administrative Appeals Pending at the end of FY 09 – 0

 Administrative Appeals Pending at the end of FY 08 – 0

Section Guidance

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

administrative appeals.

OBPA Response

 Due to the small amount of FOIA requests received, OBPA is able to respond to all 

incoming requests in a timely manner.
OFFICE OF INSPECTOR GENERAL (OIG)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness.

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

OIG Response

 The Department of Agriculture’s (USDA) Office of Inspector General (OIG) widely 

distributed the President’s Memorandum and the Attorney General’s FOIA Guidelines to 

OIG personnel. FOIA staff received training in FY 2009 on implementing the new FOIA 

guidelines and in applying open government principles.

 OIG fully released more requested documents in the last fiscal year than in previous years. A 

comparison of the numbers of documents released in full for the past two fiscal years shows 

that OIG fully released 7.9% of requested documents in FY08 versus 9.5% in FY09. OIG 

increased its production of documents released in full by 1.6% last year.

 In addition, OIG now rarely withholds information under low b2. For example, OIG 

formerly withheld the fax numbers of investigative offices under this exemption. Though we 

do not track how often we withheld information under low b2 versus high b2, a comparison 

of our FY08 and FY09 annual report numbers for this data subset shows OIG withheld 

information under b2 substantially fewer times last fiscal year than in previous years. In 

FY08 we used this exemption to withhold information in 50 out of 176 requests received; 

last year we applied this exemption in only 14 of the 136 requests received. OIG decreased 

its use of this exemption by 18% last year.

 2008Rreceived 176, Full release 14, Partial denial 101

 2009 Received 136, Full release 13, Partial denial 46

Part II. Steps Taken to Ensure that OIG has an Effective System for Responding to 

Requests.

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

OIG Response

 We recently examined our internal work practices, as described in our ―Workflow & 

Procedures,‖ in order to better identify delays in our FOIA processing methods. In 

November, we created a MS Excel spreadsheet to allow us to streamline our FOIA 

processes and quickly identify, on a case by case basis, any processing delays. This 
58

spreadsheet will enable staff to provide more accurately estimated completion dates to 

requesters, as required under the FOIA.

 FOIA staff received outstanding IT support utilizing the ARGOS system, which is an Oracle 

database that provides all functions required for FOIA tracking.

 Further, in order to process requests more efficiently, OIG updated its Privasoft package in 

FY09. FOIA Staff also recently received a high speed scanner which allows us to process 

requests more quickly. 

Part III. Steps Taken to Increase Proactive Disclosures.

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

OIG Response

 OIG proactively posts many final products on its website at 

http://www.usda.gov/oig/index.htm , including our audit reports, investigative case 

summaries, and the Inspector General’s congressional testimonies. We generally do not post 

investigative reports because they often contain sensitive information on subjects, witnesses, 

and law enforcement techniques. Additionally, these reports are frequently part of a Privacy 

Act record. In cases where there is evident public interest in an investigative report, we 

routinely post reports on our website. We gauge public interest by assessing potential 

congressional, media and stakeholders’ attention on issues arising in investigative reports and 

by tracking multiple FOIA requests for the same report. 

Part IV. Steps Taken to Greater Utilize Technology.

OIG utilizes the ARGOS system, which is an Oracle database that provides all functions required 

for FOIA tracking. We use ARGOS to track and log requests, send out acknowledgment letters 

(both on initial requests and appeals), and to calculate our numbers for the annual report, our 

monthly reports, and the OIG’s Semiannual Report to Congress. Searches for responsive documents 

are also made on this system based upon the information provided by requesters.

1. Does your agency currently receive requests electronically? 

Yes. OIG receives request through emails, telephone and via facsimile.

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

requests electronically? 

Not applicable.

3. Does your agency track requests electronically? 

Yes. OIG utilizes the ARGOS system, which is an Oracle database that provides all 

functions required for FOIA tracking.

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

Not applicable.

5. Does your agency use technology to process requests? 

Yes. We use ARGOS to track and log requests, send out acknowledgment letters (both on 

initial requests and appeals), and to calculate our numbers for the annual report, our monthly 
59

reports, and the OIG’s Semiannual Report to Congress. Searches for responsive documents 

are also made on this system based upon the information provided by requesters.

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

requests? 

Not applicable.

7. Does your agency use technology to prepare the Annual FOIA Report?

We use both ARGOS and MS Excel to calculate our numbers for the annual report. We 

manually input large amounts of data into MS Excel in order to perform some calculations 

because ARGOS currently does not have the necessary technological capability to calculate 

the numbers for the Annual FOIA Report.

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

Annual FOIA Report? 

Not applicable.

Part V. Steps Taken to Reduce OIG’s Backlog and to Improve Timeliness in Responding 

to Requests.

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

OIG Response

 Over the past several years, OIG has decreased its backlog from 142 cases down to 13 

requests. In the past fiscal year, OIG’s backlog increased slightly over the previous year from 

13 to 22 requests. 

 Our backlog numbers increased slightly last year because one of our full time FOIA 

positions was not filled for most of FY09. Staffing usually consists of four full time 

employees who work on FOIA matters: a FOIA Attorney, who acts as the Team Leader; a 

Management Analyst; a FOIA Administrative Assistant; and a FOIA Paralegal. We have 

been fully staffed since November 2009. Since that time, FOIA staff has reduced our 

backlog from 22 to 15 requests. 

 A comparison of the numbers of our 10 oldest cases in FY08 and FY09 shows that the ages 

of the oldest backlogged requests increased last year. The number of days pending for the 10 

oldest cases in FY08 ranged from 59-441 days, while that range increased in FY09 from 123-

694 days. Since becoming fully staffed in November 2009, OIG FOIA Staff focused on 

closing the oldest cases in our backlog. We have closed 7 of the 10 oldest requests already 

this new fiscal year. 

Section Guidance

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

administrative appeals.
60

OIG Response

 To improve timeliness in responding to older, more complex requests, OIG FOIA Staff 

recently developed a method of pooling resources to reassign work on these requests.
OFFICE OF THE CHIEF FINANCIAL OFFICER (OCFO)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

OCFO Response

 The NFC and OCFO FOIA Officers have reviewed the President’s Memorandum and the 

Attorney General’s subsequent guidelines and ensure that each request is processed under 

the presumption in favor of disclosure. Toward this end, our initial contact with internal 

OCFO content providers is a request for the information by a certain date; exceptions at this 

stage are the onus of the content provider, although we FOIA officers review for exceptions 

concurrently.

 OCFO fully granted 11 requests in FY 2008, and fully granted 11 requests in FY 2009. 

OCFO partially granted 6 requests in FY 2008, and partially granted 4 requests in FY 2009. 

Thus, the number of requests granted was unchanged, and the requests partially granted 

slightly declined.

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

OCFO Response

With regard to a comparison of records’ completeness over the past two years, there aren’t 

statistically significant differences.

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

OCFO Response

 When a FOIA request comes to OCFO by mail, it is logged and date stamped by the 

administrative assistant, who places it in the FOIA officer’s mailbox. When the request 

comes by email, the FOIA officer logs it and puts it in a FOIA mail file. When the request 

gets to the FOIA officer, the standard procedure is to open a standard acknowledgement 

letter, which is automatically dated. The letter goes out by close of business that day, or, if it 

is received in the afternoon mail delivery, the next morning. Further action is managed on an 

ad hoc basis, per the nature of the request.

 IT supports OCFO’s FOIA operations as needed.
62

Part III. Steps Taken to Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

OCFO Response

 OCFO has added a new database to its website to respond to multiple requests for 

conference attendance information. The database, Conference Transparency Reporting, is 

accessible from the OCFO homepage and provides information pertaining to conferences 

attended by OCFO and USDA staff. Another database dealing with OCFO and USDA 

travel issues is under development and will appear shortly as GovTrip Information, which 

will provide data on staff travel.

 The standardization of financial systems through the Financial Management Modernization 

Initiative (FMMI) reduces inefficiencies and makes delivery of releasable data easier and 

faster. While it’s primary focus is on standardization of financial systems and not on 

increasing the amount of data available to the public, its implementation streamlines the 

compiling of data sets used on the website.

Part IV. Steps Taken to Greater Utilize Technology

1. Does your agency currently receive requests electronically?

Yes. We receive some requests by email.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

Requests are stored electronically and are searchable, but there is no electronic tracking 

mechanism other than those available within Outlook, the email program.

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

It isn’t cost-effective for such a small number of requests. OCFO would consider a license 

for one user on a jointly-held system, such as FOIAXpress, if it were reasonable, as 

determined by the CFO.

5. Does your agency use technology to process requests?

Yes. Requests are scanned, or, if transmitted via email, filed electronically. In both cases, 

OCFO conforms to laws and regulations pertaining to systems of records within 

government. Responses are generated by email or, if requested, by letter, the electronic 

versions of which are stored.

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

requests?

Not applicable.

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

No.
63

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

Annual FOIA Report?

It isn’t cost-effective for such a small number of requests.

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

Requests 

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

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

administrative appeals.

OCFO Response

 OCFO did not have a backlog in FY 2008 or FY 2009. OCFO applies a strict standard in 

response to requests and always responds within the period specified by law or agreed to by 

the requester.
OFFICE OF THE CHIEF INFORMATION OFFICER (OCIO)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

OCIO Response

 The Office of the Chief Information Officer (OCIO) follows the mantra of releasing all 

requested information unless specifically permitted to withhold such information by the nine 

exemptions in the Department of Justice Freedom of Information Act Guide (March 2007). 

In Fiscal Year 2008, OCIO performed full disclosures for all 14 FOIAs received. In Fiscal 

Year 2009, OCIO received 28 FOIAs, and performed full disclosure for 27 FOIAs.

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

OCIO Response

 There has been no significant change in the number of requests where records have been 

released in full or where records have been released in part when compared with those 

numbers in the previous year's Annual FOIA Report. OCIO performed full disclosures for 

all 14 FOIAs, resulting in 100% full disclosure. In Fiscal Year 2009, OCIO received 28 

FOIA requests which resulted in full disclosure in all but one.

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

OCIO Response

 The Office of the Chief Information Officer (OCIO) FOIA office is staffed with two 

individuals and receives a limited number of requests each year. As soon as a request is 

received by the OCIO FOIA office, an analysis is performed to determine the course of 

action required. If the FOIA was submitted to the OCIO FOIA office in error, the OCIO 

FOIA office forwards the FOIA to the appropriate agency or office, and notifies the 

requester that the FOIA has been forwarded to the appropriate office. In an effort to 

increase transparency, whenever feasible the OCIO FOIA office response provides the 

FOIA requester with the FOIA officer or FOIA point-of-contact with the Agency or 

program office which the FOIA has been transferred to.
65

 Although OCIO has received a 100% increase in FOIA requests between Fiscal Years 2008 

and 2009, the current Microsoft Office suite of products standard in the desktop image have 

been effectively utilized to process FOIA requests.

 Currently the OCIO FOIA office utilizes the Departmental standard MS Office suite to 

ensure all FOIA personnel associated with a FOIA are notified and kept abreast of the 

status.

Part III. Steps Taken To Increase Proactive Disclosures

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

OCIO Response

 No steps have been taken to increase the amount of material that is available on the Office 

of the Chief Information Officer Web site.

Part IV. Steps Taken To Greater Utilize Technology

1. Does your agency currently receive requests electronically? 

Yes. FOIA requests can be submitted via email or facsimile.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

Yes. A FOIA tracking sheet is located on the agency share drive and can be accessed by

anyone with the proper rights within the organization.

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

electronically?

Not applicable.

5. Does your agency use technology to process requests?

The Department uses standard office suite products that include, but are not limited to MS 

Word, MS Excel, and Adobe PDF to process and respond to FOIA request. No other 

technology is utilized at this time to process requests.

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

requests?

Not applicable.

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

Yes. An MS Excel spreadsheet was developed to calculate processing time for the FY09

USDA OCIO FOIA Annual Report.

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

Annual FOIA Report.

Not applicable.
66

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

Requests

Section Guidance

Part V. Steps Taken to Reduce Backlogs and Improve Timeliness of Requests

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

OCIO Response

 OCIO had one pending FOIA request at the end of Fiscal Year 2008, which was fully 

disclosed and completed in that fiscal year.

 The OCIO FOIA office does not currently have a backlog of FOIA requests.

Section Guidance

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

agency is taking to bring about a reduction.

OCIO Response

 Not applicable.

Section Guidance

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

administrative appeals.

OCIO Response

 The OCIO FOIA office continually seeks process improvements, such as notifying the 

FOIA requester of the transfer of the FOIA, and simultaneously forwarding the FOIA to 

the appropriate department. OCIO consistently responded to administrative appeals in a 

timely fashion, thus no steps have been identified to improve the administrative appeals 

response process.
RESEARCH, EDUCATION, AND ECONOMIC (REE)

Chief FOIA Officer Report

March 2010

This report includes responses for the Research, Education, and Economic (REE) agencies: 

Agricultural Research Service (ARS), Economic Research Service (ERS), National Agricultural 

Statistics Service (NASS), and National Institute of Food and Agriculture (NIFA). 

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report

REE Response

 REE administers the FOIA to reflect our nation’s fundamental commitment to open 

government as set forth in the President’s, January 21, 2009 Memorandum and the March 

19, 2009, Memorandum of the Attorney General. Records are reviewed in light of the 

presumption of openness with a view towards what can be disclosed in full.

 REE maintains a FOIA Website, which is a reference guide that provides information to 

requesters concerning accessing non-FOIA records, submitting a FOIA request, accessing 

information of public interest through our Reading Room links, and contacting the FOIA 

Office. The Website also provides links to each of the REE Websites where information is 

available concerning current programs and other information of public interest. 

 REE FOIA requests are processed in a central location and in those cases where 

information must be withheld all segregable portions of the document are released. REE 

promotes an atmosphere of openness protecting information in such cases where there is a 

personal privacy interest or commercial business interest, or where the information has been 

collected for statistical purposes. Out of 163 requests received in FY 2009, only 3 requests 

were denied in full. Out of 155 requests processed in FY 2008, 87 requests were full grants, 

27 were partial grants, and 2 were full denials.

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

REE Response

 REE has an effective system established to process FOIA requests. Requests are logged in 

when received in this office, and an acknowledgement letter is sent to the requester 

providing the date the request was received, the FOIA tracking number, the response date, 

and contact information including an email address allowing the requester to contact this 
68

office with any questions or to check on the status of the request. REE will also call 

requesters if their requests are not clear in order to clarify the scope of the request.

 Whenever possible, responsive documents are provided in electronic format via attachments 

to emails or as CD-ROMs.

 The REE FOIA Office receives excellent IT support from both the Information Staff (IS), 

which is where the FOIA Office is located, and the ARS Office of the Chief Information 

Office (OCIO).

 The IS updates and maintains key ARS websites, including the REE FOIA website in 

addition to providing basic frontline computer support, such as hardware and application 

issues and installation.

 The Customer and Technical Services Branch, OCIO, addresses all FOIA technical issue 

relating to information security, networking, connectivity, databases, and email.

Part III. Steps Taken to Increase Proactive Disclosure

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines.

REE Response

 The ARS website is routinely updated to provide information on current research projects, 

news releases, and publications in order to disseminate ARS information as widely as 

possible. Information about ARS research projects is uploaded on a regular basis on the ARS 

website: http://www.ars.usda.gov/research/projects.htm. One of the research projects 

listed for the Children's Nutrition Research Center in Houston, Texas, concerns the 

Prevention of Childhood Obesity Through Lifestyle Changes: 

 http://www.ars.usda.gov/research/projects/projects.htm?ACCN_NO=416969. ARS 

research results are regularly uploaded onto the TEKTRAN database, which forecasts the 

future of food, nutrition, and food safety; crops and livestock; natural resources and 

sustainable systems; industrial products; and new and emerging technology: 

http://www.ars.usda.gov/services/TekTran.htm. ARS publishes Food and Nutrition 

Research Briefs at http://www.ars.usda.gov/is/np/fnrb, which provides information on 

current research projects. One project listed concerns research conducted at the ARS Citrus 

and Subtropical Products Laboratory in Winter Haven, Florida: Fungi May Hold Key to 

Reducing Grapefruit Juice Interactions with Medications: 

http://www.ars.usda.gov/is.fnrb/fnrb0110.htm#fungi.

 The ERS website is updated on an ongoing basis to provide current online databases, data 

tools, data sets, and publications in order to disseminate ERS information as widely as 

possible. The ―About ERS‖ section posts a number of official documents, including 

important ERS policy documents, data pertaining to our information quality guidelines, 

EEO/No Fear equal opportunity employment data, and peer review information: 

http://www.ers.usda.gov/AboutERS. ERS provides timely research and analysis to public 

and private decision makers on topics related to agriculture, food, the environment, and rural 

America. The ERS Strategic Plan for FY 2008-1012 can be found at: 

http://www.ers.usda.gov/AboutERS/ERSStrategicPlan2007_2012.pdf. 

 The NASS website is routinely updated to provide data and statistics, news releases, 

Agricultural Statistics Board reports, and publications in order to disseminate NASS 
69

information as widely as possible. The Agricultural Statistics Board presents its reports in 

printed and electronic form to the waiting public and press, adhering to a schedule 

announced before the beginning of each year. The reports can be found at: 

http://www.nass.usda.gov/Publications/Reports_By_Date/index.asp.

 The NIFA website is updated on an ongoing basis. In 2009, more than 1,500 changes were 

made to the NIFA Website announcing grant and funding opportunities, listing RFAs 

(Request for Application), providing budget information, and posting press releases and 

newsletters; adding new pages, speeches and Congressional testimony, reports, and 

publications; updating individual grant and program pages; and updating events, resources, 

and directories. NIFA proactively uploads and updates program announcements and 

activities and press announcements on a daily basis. The NIFA website contains ―See our 

recently released and soon to close grant programs‖ 

http://www.nifa.usda.gov/fo/recentReleasedGrants.cfm, which was developed in 2009 to 

help individuals identify which grant programs are open and which ones will soon close. 

NIFA has a system in place where the National Program Leaders submit their Web content 

materials for editing and timely posting. 

 The REE FOIA Reading Room contains links to information that would be of public 

interest, for example, information is provided on grants and contracts awarded by REE, 

current REE Policies & Procedures, Manuals, and Bulletins, and a special collection at the 

National Agricultural Library. The Reading Room is updated on a regular basis.

Part IV. Steps Taken to Greater Utilize Technology

1. Does your agency currently receive requests electronically?

Instructions and a link are provided on the REE FOIA Website to enable the public to 

submit an electronic FOIA request via the REE FOIA Request Form or redirect the public 

to the REE FOIA email address.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

REE maintains an electronic log in which FOIA requests are entered and tracked internally. 

This log is not accessible to the public. The current impediment to REE utilizing a tracking 

system that can be accessed online would be the cost. REE is a low volume agency; 

therefore, the number of requests received by the REE agencies does not justify the cost of a 

tracking system.

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

Not applicable.

5. Does your agency use technology to process requests?

REE responds to requests electronically to the greatest extent possible. Concerns exist over 

electronically deleted material and the possibility to retrieve the deleted material. 

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

requests?
70

Not applicable.

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

REE is a low volume agency and the preparation of the report is easily and accurately 

achieved through manually collecting the data to enter into the report, creating either an 

Excel or MS Word document. 

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

Annual FOIA Report?

The current impediment to utilizing technology to prepare the report would be justifying the 

cost.

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

Requests 

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

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

administrative appeals.

REE Response

 REE does not have a backlog. In 2009, the average number of days to respond to FOIA 

requests was 10 working days.

 At the end of FY 2009 REE listed six pending requests; at the end of FY 2008, REE listed 2 

pending requests. These requests were listed as pending because there were received at the 

end of the Fiscal Year and the 20 working days had not yet expired.
RISK MANAGEMENT AGENCY (RMA)

Chief FOIA Officer Report

March 2010

Part I. Steps Taken to Apply the Presumption of Openness

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

RMA Response

 The Risk Management Agency FOIA personnel participated in several training workshops 

that provided guidance on the principles underlying the President’s FOIA Memorandum and 

the Attorney General’s FOIA Guidelines. RMA also announced and posted the President’s 

FOIA Memorandum and the Attorney General’s FOIA Guidelines on the agency’s intranet 

site. In addition, RMA recently drafted a FOIA handbook that provides system of records 

owners and program officials with policy and general guidance for release of information 

and which emphasizes the importance of applying President Obama’s January 21 FOIA 

Memorandum in release of information.

 RMA’s information can be grouped into several categories to include: producer 

information, approved insurance provider (AIP) information, deliverables from contracts 

and partnerships, and internally produced information such as actuarial information, rating 

and pricing methodologies, procedure, analyses, employee information, and IT 

documentation. The above categories of information make it difficult to release a full grant 

for this type of information without causing some type of harm or impairment to the agency. 

However, when comparing the partial grants to full denials in FY 2008 to 2009, RMA 

improved on releasing more information. The following tables illustrate the change in ratio 

of partial grants to full denials based on exemptions:

Fiscal Year Partial Grants Full Denials

2008 35 8

2009 17 7

 RMA’s FOIA program is relatively small, receiving approximately 100 requests per year. In 

2008 we reported 92 requests received and 108 requests for 2009. In 2008 RMA processed a 

total of 4 appeals in which 2 were completely reversed to release more information. In 2009, 

we processed only 1 appeal which was partially reversed to release more information. In 

applying the presumption of openness, we recently processed an appeal, intermittingly 

releasing it to provide the requester more information without burdensome delay. During 

our review process, we apply the President’s and Attorney General’s guidance in order to 

make more discretionary releases.

 For example, investigative material, where an open file exists, cannot be disclosed to the 

public until such case is finalized and issued. As an option and in concert with the new 

FOIA Guidelines, we are now processing this information and making additional partial 

disclosures instead of full denials.
72

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

RMA Response

Fiscal Year Full Grants Partial Grants

2008 35 35

2009 37 17

 RMA normally processes more FOIA/Privacy Act requests for information regarding 

individual producers compared to agency program information. RMA’s increase in partial 

grants in 2009 compared to 2008 was due to receiving more FOIA requests for commercial 

interests in 2008. In 2009 we received more inquiries for producers requesting information 

regarding their policies. These type requests were mostly for investigatory type records and 

could not be released due to an on-going investigation or the inclusion of third party 

information.

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

to Requests

Section Guidance

Describe here the steps taken to ensure that your system for responding to requests is effective and 

efficient. This should include a discussion of how your agency addressed the key roles played by 

agency personnel who work with FOIA professionals, including steps taken to ensure FOIA 

professionals have sufficient IT support.

RMA Response

 RMA administers a centralized FOIA program and has generally been extremely efficient in 

processing about 100 requests per year. The RMA FOIA Office closely coordinates with 26 

field offices to search for and provide the FOIA Office with the requested information. The 

following workflow chart is an illustration of accountability and work flow processes of key 

support FOIA professionals. 
73

 Due to the small volume of requests received per year, the RMA FOIA Office effectively 

and efficiently manages work flow using a Microsoft template to track FOIA requests and 

facilitate preparation of the Annual Report to DOJ/Congress. In FY 2011, RMA plans to 

implement an improved tracking system to allow electronic monitoring and automatic 

downloading of the Annual Report. The Department’s FOIA Office is also viewing the 

possibility of implementing an agency wide system. 

Part III. Steps Taken To Increase Proactive Disclosures 

Section Guidance 

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since issuance of the new FOIA guidelines. 

RMA Response 

 RMA already provides an enormous amount of aggregate data of program information on 

the public website. The information is linked from the RMA Reading Room on the public 

internet site to the Summary of Business that gives aggregate data on producers, crops, 

insurance policies, and other information commonly requested under FOIA. The Summary 

of Business is compared to a super knowledge store that makes available many of the 

categories of documents that were the subject of FOIA requests, such as the Agent Listing, 

Prevented Planting, reports for information about crop policies available in specific counties 

and states, etc. Additionally, we routinely share detailed data mining reports about various 

Customer Requests

Information

HQ FOIA Office 

Receives

Requests

Date Stamps

& Log in &

assign FOIA

number

Request

forwarded to

field

Program office

Determine

fee

category

Make

Decisions on

Fee waivers

Decision 

made for

expediting

processing

Attach 

incoming

request

Control 

Sheet genrated &

file folders

Contact

requester on

clarification

Reads &

interprets

request

Conducts

search of files

Refers the

request

to other

program staff

Contact FOIA

Office if

necessary

Read & interprets

request

Requestor

has 45 days

To appeal 

to Administrator

Log status

in FOIA log

Mail

Acknowledge -

ment letter to

requester

Review response

files for

possible

release

Forward copies

of searched

documents &

FOIA 

Certification

Form to FOIA Office

Contact FOIA 

on disposition

fees

for search &

duplication

Confers with

OGC or

Dept. of Justice

Prepares

Written response

& make

determination 

Program Office (FOIA Coordinator)

HQ FOIA Office
74

administrative and operational program aspects with industry insurance providers to 

supplement and complement their internal operations.

 Since issuance of the new FOIA Guidelines, RMA has made the following proactive 

disclosures:

 A study titled the ―Milliman Report‖ regarding crop insurance and the 

company’s return on investments;

 Report to Congress: Perennial Crops, Pecans and the Federal Crop Insurance 

Program;

 Report to Congress: Organic Crops and the Federal Crop Insurance Program.

 The internet availability, couple with these types of documents, has reduced the number of 

FOIA requests we process. We also published a recent update of the actuarial browser 

containing the above-mentioned information which makes it more accessible to the nontechnical user.

 The RMA Communications Office recently posted a study, entitled the ―Milliman Report,‖ 

about crop insurance company’s return on investments. This study was posted in 

anticipation of multiple FOIA requests. The internet availability of these types of documents 

has reduced the number of FOIA requests. We also published a recent update of the 

actuarial browser which makes information more accessible to the non-technical user.

Part IV. Steps Taken To Greater Utilize Technology

1. Does your agency currently receive requests electronically?

Yes, RMA has an electronic template on the public RMA FOIA website for submitting email requests. Additionally, once we receive a request, we emphasize to requesters in FOIA 

acknowledgements that electronic communications is the most efficient and fastest means 

for processing their requests. The e-mail capability makes it more accessible for requesters to 

check the status of their request and have quicker response turnaround involving program 

staff that can assist with more difficult agency program type requests. The number and 

percentages of e-FOIA transactions has increased since the initial improvement plan.

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

requests electronically?

Not Applicable.

3. Does your agency track requests electronically?

Yes, RMA tracks its FOIA requests through a template in Microsoft Word, which is

connected to the server and stored daily. 

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

electronically?

Not applicable.

5. Does your agency use technology to process requests?

Yes, all information is stored electronically and often scanned and released either on disks or 

by e-mail attachments.

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

requests?
75

Not applicable.

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

Yes, RMA uses Microsoft Excel to manipulate the data. As discussed above, RMA does not 

receive or process over 100 requests per year. Therefore, the current system more than 

adequately manages all agency information at this time. 

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

Annual FOIA Report.

Not applicable.

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

Requests

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

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

agency is taking to bring about a reduction.

RMA Response

 RMA’s FOIA operations have consistently been efficient. The centralized structure between 

the FOIA Office and internal offices allow RMA the unique ability to provide centralized 

management control and accountability. We have not encountered a significant backlog 

other than a small number of appeals that are forwarded to the Office of the General 

Counsel (OGC) for a final decision on appeal. As illustrated by the following chart, RMA 

does not have an end of the year backlog problem other than these FOIA appeals pending 

due to delays in review for legal sufficiency which is controlled by USDA OGC.

Fiscal Year FOIA Requests 

Backlog

FOIA Appeals 

Backlog

2008 0 2

2009 0 3

Section Guidance

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

administrative appeals. 

RMA Response

 RMA’s system facilitates compliance with the statutory time periods for responding to FOIA 

and appeals. Requests are routinely processed within a few days of receipt. The timeliness in 

acknowledging and responding has been incorporated into organizational and individual 

program performance standards. This allows for accountability and more accurate 

performance. 
76

 To improve timeliness RMA utilizes the multi-track processing system. Track 1 (simple 

requests): these type of requests can be answered with readily available records or 

information. These are the fastest to process and ordinarily will be responded to within 20 

working days of receipt of a request. Track 2 (complex requests): this type of track is used 

where records or information are needed from other offices throughout RMA often 

accumulating voluminous records or where we must consult with other Governmental 

agencies. Track 3 (expedited processing): requests that require processing as soon as possible 

in a practical manner. Typically the only requests that require more than twenty days to 

process are those involving large numbers of investigatory documents or broad in scope 

regarding program information. RMA also documents all feedback received regularly from 

requesters to determine whether further enhancements are warranted. 

 To process appeals faster and provide the requester with better results, we are returning to 

the program area for more consultation/status review, which has proven to be helpful in 

providing requesters more disclosure prior to routing appeal to the Office of the General 

Counsel for a legal review.
RURAL DEVELOPMENT (RD)

Chief FOIA Officer Report

March 2010

Part I. Steps taken to apply the presumption of openness: 

Section Guidance

Describe the steps taken by your agency to ensure that the presumption is being applied to all 

decisions involving the FOIA.

RD Response

 The FOIA Officer will make discretionary disclosures of information. 

 When the FOIA Officer determines that it cannot make full disclosure of requested 

information, consideration will be made to determine whether partial disclosure will be 

made. 

 When some parts of a record must be withheld due to statutory requirements, other parts of 

the record will be considered for release by the FOIA Officer when they are unrelated to the 

actual impact of disclosure. 

 The FOIA Officer will not withhold the release of information, because the release of such 

information might embarrass, reveal errors and failures, or because of speculative or abstract 

fears. 

 One example of Rural Development’s commitment to apply the presumption that all 

information requested will be released is clearly demonstrated in the Fiscal Year (FY) 2009 

Annual Report. The Rural Development FOIA Unit received 304 FOIA requests for 

response during FY 2009, but only 47 appeal requests were made. 

Section Guidance

Report whether your agency shows an increase in the number of requests where records have been 

released in full or where records have been released in part when compared with those numbers in 

the previous year’s Annual FOIA Report.

RD Response

Fiscal Year Number of Full 

Grants

Released in Part

2008 517 86

2009 610 109

Part II. Steps taken to ensure that your agency has an effective system for responding to 

requests: 

Section Guidance

Describe here the steps your agency has taken to ensure that your system for responding to requests 

is effective and efficient. This should include a discussion on how your agency addressed the key 

roles played by agency personnel who work with FOIA professionals, including steps taken to 

ensure FOIA professionals have sufficient IT support.
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RD Response

 The Rural Development Freedom of Information Act (FOIA) program is decentralized. The 

staff in the National Office consists of two FOIA Specialists and one FOIA Assistant. In the 

National Office, incoming requests from the public are logged into a tracking system and an 

acknowledgement letter is sent to the requester indicating receipt. Each request is carefully 

reviewed. If necessary, a letter is written to the requester to clarify any questions the FOIA 

staff may have about the request. Depending on the nature and location of the information 

being requested, the request is answered at the National Office or forwarded to the 

respective State Office for their response. When a request is forwarded to a State Office, the 

requester is notified in writing and provided the contact information for the State Office. A 

requester can call anytime to obtain the status of their FOIA request. Information on the 

FOIA process and procedures are available to the public through the United States 

Department of Agriculture’s Internet website.

 Requests for information located in the National Office for the Rural Business-Cooperative 

Service and Rural Housing Service are answered by the Rural Development FOIA Specialist. 

Requests for information located in the National Office for the Rural Utilities Service are 

answered by the Rural Utilities Service FOIA Specialist. 

 Rural Development has 47 Rural Development State Office field locations. Each State 

Office has a FOIA Coordinator. In addition, each state has area and local Offices. The 

individuals that head up these area and local offices are delegated to act as FOIA 

Coordinators for their respective office. 

 In the National Office, the Customer Service Division (CSD) provides a direct link between 

IT and the customers it serves. This division is responsible for direct customer and technical 

support (hardware and software) on all platforms in a liaison capacity which effectively 

responds to the customer’s questions and problems. CSD serves as the Rural Development 

focal point for Internet policy, standards, and systems development. CSD establishes and 

maintains ongoing customer and focus groups, and markets customer services via newsletter, 

brochures, videos, etc. The CSD maintains an electronic Help Desk that allows the FOIA 

staff to enter a request for IT assistance and resolve it quickly.

Part III. Steps taken to increase proactive disclosure: 

Section Guidance

Describe here the steps your agency has taken to increase the amount of material that is available on 

your agency’s website, including providing examples of proactive disclosures that have been made 

since the issuance of new FOIA guidelines.

RD Response

Internet website links are established on the USDA’s homepage listed below. Information which 

is frequently requested about programs is placed on the respective program area’s Internet 

website Rural Development programs are delivered through our Utilities Programs, which 

address rural America's need for basic services such as clean running water, sewers and waste 

disposal, electricity, and telecommunications; our Housing Programs, which address rural 

America's need for single-family and multi-family housing as well as health facilities, fire and 

police stations, and other community facilities, and; our Business Programs, which provide help 

to rural areas that need to develop new job opportunities, allowing businesses and cooperatives 

to remain viable in a changing economy. We also have Community Development Programs that 

operate special initiatives to demonstrate effective community development techniques and 

address unique and pressing economic development issues.
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 In addition, Rural Development works in partnership with other entities -- such as state, 

local, and tribal Governments, private and nonprofit organizations, and member-owned 

cooperatives -- to revitalize rural areas. Our programs are provided across the nation 

through 47 state offices and 800 area and local offices.

Part IV. Steps taken to greater utilize technology:

1. Does your agency currently receive requests electronically?

Yes, FOIA requests are accepted via e-mail.

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

requests electronically?

Not applicable.

3. Does your agency track requests electronically?

Yes, an electronic spreadsheet is maintained on all FOIA requests.

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

Not applicable.

5. Does your agency use technology in processing requests?

Yes, Rural Development utilizes scanning software technology to allow field offices to scan a

document and e-mail it to the FOIA Specialist for review. 

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

requests?

Not applicable.

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

Yes, the electronic spreadsheet which is used to track the status of all FOIA requests is 

utilized to calculate the information necessary for the Annual FOIA Report.

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

Annual FOIA Report?

Not applicable.

Part V. Steps taken to reduce backlogs and improve timeliness in responding to requests:

Section Guidance

If you have a backlog, report here whether your backlog is decreasing. That reduction should be 

measured both in terms of: 

 Numbers of backlogged requests and administrative appeals that remain pending at the end 

of the fiscal year, and 

 Age of those requests and appeals.

RD Response

The following appeal requests are the 10 oldest appeal requests that are under review by the Office 

of the General Counsel:

Date of Appeal Request Number of Full Grants
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6/13/2008 325

12/13/2007 450

8/24/2007 522

8/24/2007 522

6/14/2007 572

5/29/2007 584

1/16/2007 676

1/20/2006 926

7/25/2005 1,036

9/22/2005 1,252

Section Guidance

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

agency is taking to bring about a reduction.

RD Response

 The FOIA Unit, General Services Branch, Rural Development, has experienced vacancies in 

staffing, a recent turnover of staff, the addition of additional responsibilities and an increase 

the quantity and amount of information being requested. 

 The Utilities Programs area maintained a FOIA Specialist to process FOIA requests for their 

area, but the responsibility was transferred to the FOIA Unit. After the transfer of 

responsibilities, the processing for all FOIA requests, Privacy Act requests, Tort Claims, and 

preparation of documents for litigation claims for the entire agency was handled by one 

FOIA Specialist. Two additional FOIA Specialists were hired, but the most senior specialist 

left the agency. 

Section Guidance

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

administrative appeals.

RD Response

Rural Development has identified a list of all distinct steps which are planned to be taken:

 Requesters will be notified if information responsive to their request is immediately available 

via the internet. When a request is received that requires responsive information from 

multiple sources, portions of the responsive information will be provided as it becomes 

available. Requests that have not received a response within 18 days will be reviewed to 

identify the cause(s) for the delayed response, the request will become a priority, and the file 

will be documented to identify the cause for the delay. Issue an unnumbered letter to 

appropriate staff reminding them of the importance of providing information in a timely 

manner when it is requested by the FOIA Coordinator or FOIA Officer. 

 Record complaints from requesters, resolve the complaints, investigate the cause of the 

complaints, and initiate a plan to address the issue. 
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 The Information Technology Help Desk established a FOIA e-mail mailbox and added the 

e-mail address to the agency’s FOIA information page located on the Internet website. 

 Continue to monitor response times.

 Add informational materials to Rural Development’s FOIA Internet website that will include 

sample requests, responses to commonly asked questions, and points of contact. 

 Each program area was asked to appoint a FOIA Coordinator to serve as a single point of 

contact for the FOIA unit staff and assist with the collection of responsive records.