Records of Direct Hire Authority Hires (Department of Agriculture)

Dear Ms. B,

This email acknowledges receipt by the U.S. Department of Agriculture (USDA), Department FOIA Office (DFO) of your attached Freedom of Information Act (FOIA) request. Your request was received by this office on March 20, 2018.

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. DFO provides coordination and ensures agency wide compliance with the FOIA. DFO processes requests and appeals on behalf of the Office of the Secretary and Departmental Management's ("DM") components. For a complete listing of DM'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.

Provisions of the FOIA allow USDA to recover part of the cost of complying with your request. For purposes of fee assessment, you were categorized as a "all other" 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.

Your request has been assigned FOIA Case No. 2018-DA-03075-F. Please refer to this case number in any future correspondence. If you have any questions regarding the processing of this request, please contact me at 202-694-5260 or electronically at camille.aponte@ocio.usda.gov<mailto:camille.aponte@ocio.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 on-line at www.dm.usda.gov/foia<http://www.dm.usda.gov/foia>.

We appreciate the opportunity to assist you.

Sincerely,

USDA Department FOIA Office

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 Kat,

Please clarify what type of records you are seeking when you refer to "all records of employees hired under Direct Hire Authority from January 20, 2017". Are you seeking a list identifying the employees? Or are there specific records you are seeking? Please keep in mind that personnel files are exempt from disclosure under FOIA.

Thanks,

Camille

Camille C. Aponte, Esq.
FOIA Analyst (Contractor)
United States Department of Agriculture
Department FOIA Office
Office of the Chief Information Officer
1400 Independence Avenue, S.W.
Room 4105
Washington, DC 20250
Telephone: (202) 694-5260
Email: Camille.Aponte@ocio.usda.gov

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.

Hi Kat,

Following up on my below email from last Thursday. Until this is clarified, the OHRM records custodian is unable to perform the search. If I do not receive your response by Friday, April 27, 2018, I will assume you are no longer interested in this request and will close it.

Thank you,

Camille