Clovis-Whitaker emails

Dear Mr. Rony:

This email acknowledges receipt of your attached November 9, 2018 Freedom of Information Act (FOIA) request to the U.S. Department of Agriculture (USDA) Departmental FOIA Office (DFO). 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 FOIA. Additionally, the DFO processes requests and appeals on behalf of the Office of the Secretary and Departmental Administration's (DA) components (previously Departmental Management). For a complete listing of DA's components, please visit http://www.dm.usda.gov/agencies.htm.

The FOIA regulation 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 records 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 records. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Pursuant to USDA FOIA regulations, Title 7 CFR §1.8(d), the USDA processes FOIA requests according to their order of receipt.

You have requested expedited processing. The USDA FOIA regulations establish two factors that must be examined when determining whether the applicable legal standard for expedited processing has been met. In accordance with 7 CFR §1.9(b), the DFO has considered these factors, as follows: (1) the denial of expedited treatment could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (2) urgency to inform the public about an actual or alleged Federal Government activity, if the request is made by an individual primarily engaged in disseminating information.

Upon review of your request and a careful consideration of the factors listed above, the DFO has determined to deny your request for expedited processing. The request does not meet the above threshold to grant expedited processing. In accordance with 7 CFR §1.8(d), the request will be processed on a "first-in, first-out" basis.

The DFO's denial of expedited processing may be appealed pursuant to 7 CFR §1.14. The appeal must be received by the DFO within 90 days of the date of the denial letter. The written appeal must clearly indicate that a FOIA appeal is being made and should be sent to: the Assistant Secretary for Administration, USDA, 1400 Independence Avenue, S.W., Whitten Building 209-A, Washington, D.C. 20250-0103. The appeal should include a copy of the original request, the response to the request, and a statement of your reason for the appeal. To facilitate the processing of an appeal, the phrase "FOIA APPEAL" in capital letters should be placed on the front of the envelope.

Dispute resolution services regarding this denial are available via the DFO's FOIA Public Liaison, Ms. Marqui Barnes. Ms. Barnes may be reached at 202-694-1802, or electronically at marqui.barnes@ocio.usda.gov<file://wdcnetapp01/home$/ociousers/Cheryl.Kluwe/2017-OSEC-02356-F%20Eder%20(David%20Purdue)/marqui.barnes@ocio.usda.gov> or USDAFOIA@ocio.usda.gov<file://wdcnetapp01/home$/ociousers/Cheryl.Kluwe/2017-OSEC-02356-F%20Eder%20(David%20Purdue)/USDAFOIA@ocio.usda.gov>. There is also the option to seek assistance from the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; email at ogis@nara.gov<mailto:ogis@nara.gov>; telephone at 202-741-5770; toll-free at 1-877-684-6448; or facsimile at 202-741-5769.

You have requested a fee waiver. Provisions of the FOIA allow USDA to recover part of the cost of complying with your request. Your fee waiver request is currently under review by the DFO. For purposes of fee assessment, you have been categorized as a "news media" requester, pursuant to 7 CFR Appendix A to Subpart A of Part 1 Section (5)(d). For your review and information, a copy of the USDA FOIA Fee Schedule is attached. In accordance with 7 CFR Appendix A to Subpart A of Part 1 Section 6(a)(4), your fees shall be waived where the amount of the fee is $25.00 or less. If your fee waiver request is not granted, you will be contacted before any fees over $25.00 are accrued.

A search will be conducted for records responsive to your request. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that a FOIA analyst 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-DA- 00943-F. Please refer to this case number in any future correspondence with the DFO. If you have any questions regarding the processing of this request, please contact Ms. Oyegunle at aja.oyegunle@usda.gov<mailto:aja.oyegunle@usda.gov> or USDAFOIA@ocio.usda.gov<mailto:USDAFOIA@ocio.usda.gov>. For additional information regarding USDA FOIA regulations and process, please refer to the information available online 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,

Aja Oyegunle
FOIA Analyst
USDA/OCIO Contractor
Departmental FOIA Office
Room 4105
1400 Independence Avenue, S.W.
Washington DC 20250
(202) 694-5982

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.

Dear Mr. Rony:

I received search records for your FOIA request late last week and am in the process of reviewing them. I will work as quickly as possible to complete this request and send responsive records to you. The DFO is undergoing a backlog, so this process is taking longer than usual. I appreciate your patience.
Regards,

Aja

Dear Mr. Rony:

Attached, please find the Final Response Letter associated with a Freedom of Information Act (FOIA) request you submitted to the U.S. Department of Agriculture, Departmental FOIA Office. A copy of your incoming request is also attached for easy reference.

Sincerely,

Aja Oyegunle
FOIA Analyst
USDA/OCIO Contractor
Departmental FOIA Office
(202) 694-5982

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.