50 More Fun Words (2018) (USDA Office of the Secretary)

Dear Ms. Best:

This email acknowledges receipt of your attached Freedom of Information Act (FOIA) request to the U.S. Department of Agriculture (USDA), Departmental FOIA Office (DFO). Your request was received by this office on June 12, 2019. Your request was received for processing on June 13, 2019.

You have requested the following search for words communications and records, with a date range from January 1, 2018 to the date of your request, for emails to or from the Secretary and Chief of Staff (there is no executive director equivalent at the USDA):

1. Damn
2. Damnit
3. Goddamn
4. Goddam
5. Goddammit
6. Webcomic
7. Hurt
8. Accuse
9. Accused
10. Allege
11. Alleges
12. Alleged
13. Disgrace
14. Disgraced
15. Worry
16. worries
17. worried
18. lost
19. perjury
20. perjured
21. lie
22. lies
23. lied
24. 1001
25. 1621
26. Game
27. Marijuana
28. Drug
29. Activist
30. Activists
31. Riot
32. Soda
33. Reward
34. Prize
35. Save
36. Kill
37. Decimate
38. punish
39. punishment
40. penalize
41. penalized
42. shred
43. wipe
44. erase
45. delete
46. bastard
47. bitch
48. bitched
49. bitching
50. dessert
Your request is too broad in scope or did not specifically identify the records which you are seeking. Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency. See 7 C.F.R. § 1.5(b). Where possible, a requester should supply specific information regarding dates, titles, names of individuals, names of offices, and name of agencies or organizations that may help identify the records. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records. In addition, in order for an email search to be conducted, you will need to identify USDA employees whom you believe are likely to maintain emails pertaining to the subject of your request. Unfortunately, we cannot conduct broad sweeping searches of all USDA email accounts.

The request is not reasonably described because it does not describe any characterizable subject matter(s) or topic(s) that the requested records are supposed to pertain to, only a list of words. The provided search terms are generic, lack context, and are an insufficient description of what records are being sought. "Even where a request identif[ies] the documents requested with sufficient precision to enable the agency to identify them, the request may still fail to reasonably describe the records sought if it is so broad as to impose an unreasonable burden upon the agency." Nat'l Sec. Counselors v. C.I.A., 960 F. Supp. 2d 101, 163 (D.D.C. 2013).

The DFO is under the purview of the Office of the Chief Information Officer (OCIO) and serves as the focal point for USDA's FOIA program. The DFO provides coordination and ensures agency-wide compliance with the FOIA. Additionally, the DFO processes requests and appeals on behalf of the Office of the Secretary and Departmental Administration's ("DA") components (previously referred to as Departmental Management). For a complete listing of DA's components, please visit http://www.dm.usda.gov/agencies.htm.

The FOIA, 5 U.S.C. § 552(a)(6)(A)(i), requires USDA to make a determination in response to a FOIA request within 20 business days from its date of receipt. In unusual circumstances, the Federal agency time limit may be extended by 10 business days as stated in 5 U.S.C. § 552(a)(6)(B). If your request seeks numerous documents that will necessitate a wide-ranging search, including searches with components and possible consultations with components that have a substantial interest in the determination of this request, USDA will invoke a 10 business day extension for determination of your request. You have the option to narrow the scope of your request to limit the number of potentially responsive documents.

Provisions of the FOIA allow USDA to recover part of the cost of complying with your requests. For purposes of fee assessment, you have been categorized as a media requester, pursuant to 7 CFR Appendix A to Subpart A of Part 1 Section (5)(c). In accordance with 7 CFR Appendix A to Subpart A of Part 1 Section 6(a)(4), FOIA fees are waived where the amount of the fee is $25.00 or less.

Your classification as a media requester renders a fee waiver moot since the only fees that would apply to you are duplication costs beyond the first 100 pages. Since the agency's response to your requests will be delivered electronically, duplication costs are not anticipated.

A search will be initiated by the DFO for records responsive to your request. If any responsive records are located, they will be reviewed for a determination of releasability. Please be assured that a FOIA Analyst in this office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.

Your request has been assigned FOIA Case No. 2019-OSEC-04641-F. Please refer to this case number in any future correspondence. If you have any questions regarding this letter, please contact Ms. Angela Henderson at (202) 694-1802 or electronically at Angela.Henderson@ocio.usda.gov<mailto:Angela.Henderson@ocio.usda.gov> or USDAFOIA@ocio.usda.gov<mailto:USDAFOIA@ocio.usda.gov>. For additional information regarding USDA FOIA regulations and processes, please refer to the information available on-line at www.dm.usda.gov/foia<http://www.dm.usda.gov/foia>.

The DFO Team appreciates the opportunity to assist you in this matter.

Sincerely,
Angela

Angela V. Henderson, Esq.
FOIA Analyst
Departmental FOIA Office
Office of the Chief Information Officer
U.S. Department of Agriculture
1400 Independence Ave., SW, Room 4105
Washington, DC 20250
Office: 202-694-1802

U.S. Department of Agriculture
1400 Independence Ave., SW, Room 4105
Washington, DC 20250
Office: 202-694-1802

This electronic message contains information generated by the USDA solely for the intended recipients. Any unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the sender and delete the email immediately.

Good morning Ms. Best,

Good morning Ms. Best,

I received your status request of the above referenced FOIA request today. Despite my email below, we are still trying to process your request without context or subject matter, however as a result it will take longer.

Kind regards,
Angela