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In accordance with the Freedom of
Information Act (FOIA) and National Appeals Division (NAD)
regulations at 7 CFR, any person can request access to NAD
records. The FOIA requires the NAD to allow the public to have
access unless the information is exempt under the FOIA from
mandatory disclosure (e.g., classified national security, business
proprietary, personal privacy, investigative).
Your request must be in writing. Indicate that
you are making a request under the FOIA, and address the request
to the NAD FOIA Officer at the following address:
USDA -National Appeals Division
Freedom of Information Act Officer
Suite 1100
3101 Park Center Drive
Alexandria, Virginia 22302
Identify the records you want as accurately as
possible, with as much detail that would be helpful for locating
the information (subject matter, date, place where the record
was created, the person or office that created it, the present
custodian of the record, etc). A request may only seek records
that are in existence at the time that the FOIA request is received,
and may not require that new records be created in response to
the request.
Provide your phone number and mailing address so
that NAD employees may contact you if needed (for clarification
of your request, etc).
FOIA Fees: NAD is authorized by law to recover
the direct costs of providing information to a FOIA requester.
A requester may be required to pay fees for searching,
reviewing, and copying records. You will be notified in advance
if fees will exceed $25.
Fee Categories: For fee purposes, the FOIA
requires that requesters be placed in one of the following four
categories: (1) commercial use requesters; (2) news media, (3)
educational institution, noncommercial scientific institution,
and (4) all others. Commercial use requesters are charged the
full direct cost of search, review and duplication, associated
with processing their requests. Scientific, educational, and
news media requesters are charged the cost of duplication alone,
except that the first 100 pages are provided free of charge.
All other requesters are charged the direct costs of search and
duplication, except that the first 2 hours of search and the
first 100 pages of duplications are free of charge. No review
charges are assessed for requesters in this last category.
Specify the fee category in which you feel your
request falls. State the maximum amount of fees that you are
willing to pay, or include a request for a fee waiver.
Fee Waivers: The FOIA permits agencies to
waive fees if disclosure of the records is in the public interest
because it: (a) is likely to contribute significantly to public
understanding of the operations or activities of the government
(Does the record concern the operations or activities of the
government? Is disclosure likely to contribute to the public
understanding of these operations and activities? Will that contribution
be significant?); and (b) is not primarily in the commercial
interest of the requester.
Requests for fee waivers must be fully documented
and justified by written explanation. The U.S. Department of
Justice, which oversees FOIA compliance throughout the federal
government, sets out a six-part test for agencies to follow when
evaluating a request for fee waivers.
Privacy Act: Under the Privacy Act (PA),
a person may seek access to records that are retrieved by that
person's name or other personal identifier, such as social security
number or employee identification number. Such records will be
made available unless they fall within the exemptions of the
PA and the FOIA.
Detailed information concerning NAD policies and
procedures for obtaining access to information under the FOIA
and the PA is available in 7 CFR Part 1, Subpart A, or by calling
the NAD FOIA Officer at 703-305-1164 between the hours of 8 a.m.
and 4 p.m.
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