WikiLeaks (Department of Agriculture)

Dear Ms. Best,
Would you be available for a phone call tomorrow (Thursday) to discuss the FOIA request below?
If so, please let me know your availability as well as the best number to reach you. I do have a conflict from 2:00-3:00 Eastern, but I'm otherwise available.
Thank you very much,
Brooke Geller

Brooke Geller
USDA/OCIO Contractor
Departmental FOIA Office
brooke.geller@usda.gov<mailto:brooke.geller@usda.gov>

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 on May 21, 2019 and was assigned tracking number 2019-DA-04118-F.

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. USDA has a decentralized FOIA program. Each agency processes its own FOIA requests and appeals independently. 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.

In some instances where a similar request is submitted to multiple USDA components, the DFO coordinates on behalf of the Department. With regard to your requests, the DFO will communicate with you on behalf of all USDA components for initial matters such as fee determinations and issues concerning the scope of your request. Following those initial communications, the components will process records in their purview and respond to you directly. Accordingly, please note that you will be contacted directly by the U.S. Forest Service for FOIA Request No. 2019-FS-WO-04125-F and by the Food Safety and Inspection Service for FOIA Request No. 2019-FSIS-00355-F.

For purposes of fee assessment, you have been categorized as an "news media" requester, pursuant to 7 CFR Appendix A to Subpart A of Part 1 Section (5)(c). For your review and information, a copy of the USDA FOIA Fee Schedule is attached. You have requested a few waiver on the basis that you have a reasonable expectation of publication and that your editorial and writing skills are well established. In addition, you assert your primary purpose is to inform about government activities by reporting on them and making the raw data available. The DFO has determined that your request for a fee waiver sufficiently meets the criteria set out in 7 CFR Appendix A to Subpart A of Part 1 Section (6)(a)(1). Accordingly, you will not be charged for any portion of the FOIA processing fees that would be otherwise applicable in the processing of the above-listed requests.

With regard to our email exchange on May 29th, the DFO was contacting you to discuss the scope of your requests. Is there a particular time frame that you are interested within the period January 2006 to the present? The DFO anticipates that some records you have requested may have been previously destroyed in accordance with records retention policies.

Processing of FOIA Request No. 2019-DA-04118

Due to the increasing number of FOIA requests received by this office, we may experience 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.

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 request 2019-DA-04118-F. If you have any questions regarding the processing of this request, please respond directly to this email or contact 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.

Sincerely,

Departmental FOIA Office

Attachments: FOIA Request No. 2019-DA-04118-F
USDA FOIA Fee Schedule

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 Ms. Best,

The Departmental FOIA Office has received search results, and we are beginning to review them for responsiveness. Would you be willing to exclude newsletters or other subscription emails such as from news organizations?

Thank you,
Brooke

Brooke Geller (Contractor)
U.S. Department of Agriculture
Departmental FOIA Office
brooke.geller@usda.gov<mailto:brooke.geller@usda.gov>

Dear Ms. Best,

We are writing to you about your Freedom of Information Act (FOIA) request currently pending with the U.S. Department of Agriculture (USDA), Departmental FOIA Office (DFO). The tracking number of your request is 2019-DA-04118-F. Your request was received on May 21, 2019 and seeks records concerning the WikiLeaks website and organization. A copy of your request is attached for your convenience.

Dear Ms. Best,
I am writing with a brief update about the above-referenced FOIA request (attached for reference). The responsive records contain within them discussions and attachments related to non-responsive topics. Would you be amenable to marking this information as non-responsive within the responsive record set? In the case of attachments, you would still be able to see the title, and could request those attachments directly in a subsequent FOIA request. This would also allow for more efficient review of the materials and response to you.
Alternatively, if you are no longer interested in the records, please let me know.
Thank you and please feel free to contact me with any questions.

Best,

Roman

[cid:image001.png@01D76F42.B18CAC30]
Roman Vayner
FOIA Analyst Contractor
Freedom of Information Act Division
Office of Information Affairs
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, DC 20250
☎ (414) 628-9099 (Telework Cell)
✉ 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.

Thank you Ms. Best, understood and appreciate your cooperation.

From: requests@muckrock.com <requests@muckrock.com>
Sent: Friday, July 2, 2021 1:28 PM
To: Vayner, Roman (CTR) - OGC, Washington, DC <Roman.Vayner@usda.gov>
Subject: [External Email]RE: Freedom of Information Act Request #2019-DA-04118-F

[External Email]
If this message comes from an unexpected sender or references a vague/unexpected topic;
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Please send any concerns or suspicious messages to: Spam.Abuse@usda.gov

U.S. Department Of Agriculture, Office of the Secretary
FOIA Office
Room 408-W, Whitten Building
1400 Independence Avenue, SW,
Washington, DC 20250-0706

July 2, 2021

This is a follow up to request number 2019-DA-04118-F:

>Would you be amenable to marking this information as non-responsive within the responsive record set?

Yes.

>This would also allow for more efficient review of the materials and response to you.

While I know you're not solely responsible for anything, I filed this request over two years ago. I think we're well past an efficient review of the materials and response to me.

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 73698
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On July 2, 2021:
Subject: FOIA request 2019-DA-04118-F
Dear Ms. Best,
I am writing with a brief update about the above-referenced FOIA request (attached for reference). The responsive records contain within them discussions and attachments related to non-responsive topics. Would you be amenable to marking this information as non-responsive within the responsive record set? In the case of attachments, you would still be able to see the title, and could request those attachments directly in a subsequent FOIA request. This would also allow for more efficient review of the materials and response to you.
Alternatively, if you are no longer interested in the records, please let me know.
Thank you and please feel free to contact me with any questions.

Best,

Roman

[cid:image001.png@01D76F42.B18CAC30]
Roman Vayner
FOIA Analyst Contractor
Freedom of Information Act Division
Office of Information Affairs
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, DC 20250
☎ (414) 628-9099 (Telework Cell)
✉ 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.

---

On April 21, 2020:
Subject: RE: Freedom of Information Act Request #2019-DA-04118-F
>Is there a particular time frame that you are interested within the period January 2006 to the present?

No, thank you.
---

On April 20, 2020:
Subject: USDA FOIA Request No. 2019-DA-04118-F
Dear Ms. Best,

We are writing to you about your Freedom of Information Act (FOIA) request currently pending with the U.S. Department of Agriculture (USDA), Departmental FOIA Office (DFO). The tracking number of your request is 2019-DA-04118-F. Your request was received on May 21, 2019 and seeks records concerning the WikiLeaks website and organization. A copy of your request is attached for your convenience.

---

On June 27, 2019:
Subject: RE: Acknowledgment of FOIA Request No. 2019-DA-04118-F
Dear Ms. Best,

The Departmental FOIA Office has received search results, and we are beginning to review them for responsiveness. Would you be willing to exclude newsletters or other subscription emails such as from news organizations?

Thank you,
Brooke

Brooke Geller (Contractor)
U.S. Department of Agriculture
Departmental FOIA Office
brooke.geller@usda.gov<mailto:brooke.geller@usda.gov>
---

On May 31, 2019:
Subject: Acknowledgment of FOIA Request No. 2019-DA-04118-F
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 on May 21, 2019 and was assigned tracking number 2019-DA-04118-F.

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. USDA has a decentralized FOIA program. Each agency processes its own FOIA requests and appeals independently. 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.

In some instances where a similar request is submitted to multiple USDA components, the DFO coordinates on behalf of the Department. With regard to your requests, the DFO will communicate with you on behalf of all USDA components for initial matters such as fee determinations and issues concerning the scope of your request. Following those initial communications, the components will process records in their purview and respond to you directly. Accordingly, please note that you will be contacted directly by the U.S. Forest Service for FOIA Request No. 2019-FS-WO-04125-F and by the Food Safety and Inspection Service for FOIA Request No. 2019-FSIS-00355-F.

For purposes of fee assessment, you have been categorized as an "news media" requester, pursuant to 7 CFR Appendix A to Subpart A of Part 1 Section (5)(c). For your review and information, a copy of the USDA FOIA Fee Schedule is attached. You have requested a few waiver on the basis that you have a reasonable expectation of publication and that your editorial and writing skills are well established. In addition, you assert your primary purpose is to inform about government activities by reporting on them and making the raw data available. The DFO has determined that your request for a fee waiver sufficiently meets the criteria set out in 7 CFR Appendix A to Subpart A of Part 1 Section (6)(a)(1). Accordingly, you will not be charged for any portion of the FOIA processing fees that would be otherwise applicable in the processing of the above-listed requests.

With regard to our email exchange on May 29th, the DFO was contacting you to discuss the scope of your requests. Is there a particular time frame that you are interested within the period January 2006 to the present? The DFO anticipates that some records you have requested may have been previously destroyed in accordance with records retention policies.

Processing of FOIA Request No. 2019-DA-04118

Due to the increasing number of FOIA requests received by this office, we may experience 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.

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 request 2019-DA-04118-F. If you have any questions regarding the processing of this request, please respond directly to this email or contact 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.

Sincerely,

Departmental FOIA Office

Attachments: FOIA Request No. 2019-DA-04118-F
USDA FOIA Fee Schedule

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.

---

On May 20, 2019:
Subject: Freedom of Information Act Request: WikiLeaks (Department of Agriculture)

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

I seek any and all documents in the agency's possession that pertain to the WikiLeaks website or organization from January 2006 to the present date, including but not limited to emails, memos, notes, briefings, reports and other documents related to, mentioning or generated as a result of:

* guidance and instructions for employees regarding visiting the website or otherwise reading or learning about it in the news

* internal reactions to the website's existence and disclosures

* damage reports regarding the website and its disclosures

* efforts to identify, investigate and/or mitigate potential leaks to the website

* efforts to identify, investigate and/or mitigate potential unauthorized viewing of the website or news reports analyzing it and/or its contents

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Emma Best

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

For mailed responses, please address (see note):
MuckRock News
DEPT MR 73698
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[Image removed by sender.]

Dear Ms. Best,

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

Thank you,
Roman

[cid:image001.png@01D78A0E.3B02BF50]
Roman Vayner
FOIA Analyst Contractor
Freedom of Information Act Division
Office of Information Affairs
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, DC 20250
☎ (414) 628-9099 (Telework Cell)
✉ 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.