USAPEEC Avian Influenza

Good afternoon Jimmy,

Which of these three email addresses do you want to use for your three requests?
-Office of Information Affairs

Hello Mr. Tobias –

I have been assigned to the FOIA requests that you submitted to the USDA (attached for reference). I wanted to confirm whether you are amenable to combining the request to streamline the review process and production of any potentially responsive records.

Based on the overlapping topics and custodians, I suggest the following combined request. Please confirm your agreement, and we can move forward.

Thank you,
Roman

Proposed combined request

Any and all written or electronic communication, including email attachments, between any staffers, lobbyists, officials or agents of (1) the U.S. Poultry and Egg Association, (2) the USA Poultry and Egg Export Council (USAPEEC) or (3) the United Egg Producers (aka United Egg Association, aka Egg Farmers of America) and the following USDA officials about the current avian influenza outbreak in the U.S. and globally, and the potential vaccination of US chicken flocks.

Search dates: January 1, 2022 – March 8, 2023

* Secretary Tom Vilsack,
* Deputy Secretary Jewel Bronaugh,
* Under Secretary Jose Emilio Esteban,
* Deputy Under Secretary Sandra Eskin,
* Deputy Undersecretary Jennifer Moffitt,
* Deputy Undersecretary Katie Zenk, or
* Under Secretary Alexis Taylor

[cid:image002.png@01D951B2.5059C7F0]
Roman Vayner
FOIA Analyst Contractor
Freedom of Information Act (FOIA) Division
Office of Information Affairs (OIA)
U.S. Department of Agriculture (USDA)
1400 Independence Ave., SW
Washington, DC 20250
☎ (202) 401-0072
✉ roman.vayner@usda.gov<mailto:roman.vayner@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.

Received, thank you Jimmy. We will proceed and send an acknowledgement email shortly.

Best,
Roman

Proposed combined request

Any and all written or electronic communication, including email attachments, between any staffers, lobbyists, officials or agents of (1) the U.S. Poultry and Egg Association, (2) the USA Poultry and Egg Export Council (USAPEEC) or (3) the United Egg Producers (aka United Egg Association, aka Egg Farmers of America) and the following USDA officials about the current avian influenza outbreak in the U.S. and globally, and the potential vaccination of US chicken flocks.

Search dates: January 1, 2022 – March 8, 2023
· Secretary Tom Vilsack,
· Deputy Secretary Jewel Bronaugh,
· Under Secretary Jose Emilio Esteban,
· Deputy Under Secretary Sandra Eskin,
· Deputy Undersecretary Jennifer Moffitt,
· Deputy Undersecretary Katie Zenk, or
· Under Secretary Alexis Taylor

[cid:image001.png@01D951C2.A88DC970]
Roman Vayner
FOIA Analyst Contractor
Freedom of Information Act (FOIA) Division
Office of Information Affairs (OIA)
U.S. Department of Agriculture (USDA)
1400 Independence Ave., SW
Washington, DC 20250
☎ (202) 401-0072
✉ roman.vayner@usda.gov<mailto:roman.vayner@usda.gov>

Dear Mr. Tobias-

This email acknowledges receipt of your Freedom of Information Act (FOIA) request to the U.S. Department of Agriculture (USDA), Office of Information Affairs, Freedom of Information Act Division (OIA-FOIA), which requested:

Any and all written or electronic communication, including email attachments, between any staffers, lobbyists, officials or agents of (1) the U.S. Poultry and Egg Association, (2) the USA Poultry and Egg Export Council (USAPEEC) or (3) the United Egg Producers (aka United Egg Association, aka Egg Farmers of America) and the following USDA officials about the current avian influenza outbreak in the U.S. and globally, and the potential vaccination of US chicken flocks.

Search dates: January 1, 2022 – March 8, 2023
· Secretary Tom Vilsack,
· Deputy Secretary Jewel Bronaugh,
· Under Secretary Jose Emilio Esteban,
· Deputy Under Secretary Sandra Eskin,
· Deputy Undersecretary Jennifer Moffitt,
· Deputy Undersecretary Katie Zenk, or
· Under Secretary Alexis Taylor

Your request was received by this office on March 8, 2023.

The OIA-FOIA is under the purview of the Office of the General Counsel (OGC) and serves as the focal point for USDA’s FOIA program. It provides coordination and ensures agency-wide compliance with the FOIA. Additionally, the OIA-FOIA processes requests and appeals on behalf of the Office of the Secretary (OSEC), the Under Secretaries, USDA’s staff offices, and the Research, Education and Economics and Trade and Foreign Agricultural Affairs mission areas.

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 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 §1.6(a), 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 have been categorized as a “news media” requester, pursuant to 7 CFR Appendix A to Subpart A of Part 1 Section 2(b)(4)(i). 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 3(b), your fees shall be waived where the amount of the fee is $25.00 or less.

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 §1.6(a), the USDA processes FOIA requests according to their order of receipt. 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. 2023-OSEC-02526-F. Please refer to this case number in any future correspondence. If you have any questions regarding the processing of this request, please contact Roman Vayner by email at roman.vayner@usda.gov<mailto:roman.vayner@usda.gov> or USDAFOIA@usda.gov<mailto:USDAFOIA@usda.gov>. For additional information regarding USDA FOIA regulations and process, please refer to the information available on-line at Freedom of Information Act Division | USDA<https://www.usda.gov/ogc/office-information-affairs/foia-division>.

We appreciate the opportunity to assist you.

The OIA-FOIA Team

[cid:image001.png@01D951C9.263F4FA0]
Roman Vayner
FOIA Analyst Contractor
Freedom of Information Act (FOIA) Division
Office of Information Affairs (OIA)
U.S. Department of Agriculture (USDA)
1400 Independence Ave., SW
Washington, DC 20250
☎ (202) 401-0072
✉ roman.vayner@usda.gov<mailto:roman.vayner@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.

Dear Mr. Tobias -

Attached please find the USDA’s final response to the above-referenced FOIA request.

Thank you,
Roman Vayner

[cid:image001.png@01D95BE7.90654830]
Roman Vayner
FOIA Analyst Contractor
Freedom of Information Act (FOIA) Division
Office of Information Affairs (OIA)
U.S. Department of Agriculture (USDA)
1400 Independence Ave., SW
Washington, DC 20250
☎ (202) 401-0072
✉ roman.vayner@usda.gov<mailto:roman.vayner@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.