aphis appeal w exhibits

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United StatesDepartment o fAgr icul ture

Animal andPlant HealthInspectionService

Legislative andPublic Affairs

Freedom ofInformation

4700 River RoadUnit 50Riverdale, MD20737-1232

Safeguarding American AgricultureAPHIS is an agency of USDAs Marketing and Regulatory Programs

An Equal Opportunity Provider and Employer

January 9, 2013

Lisette Garcia, J.D.Senior Investigator

425 Third St., SW, Ste. 800Washington, DC 20024

Dear Ms. Garcia:

This is our final response to your May 18, 2012, Freedom of Information Act (FOIA)request (enclosed). Your request was received in this office on June 7, 2012, and assignedcase number FOIA 2012-02657. We apologize for the delay of this response.

Agency employees conducted a thorough search of their files and located 54 pages ofdocuments and three video DVDs which are responsive to your request. However,information has been withheld under FOIA Exemption 6, 5 U.S.C. 552(b)(6). Thisexemption protects information from disclosure when its release would cause a clearlyunwarranted invasion of personal privacy and where such privacy interest outweigh anypublic interest which would be advanced by the disclosure of any signatures containedwithin the records. From the responsive documents, we have withheld all signatures.

As a threshold matter, Exemption (b)(6) protects not only personnel files and medical files,but similar files, which are interpreted by courts to cover personal information pertainingto individuals. In this case, the information protected pertains to a third party individualand is contained in a similar file. In order to determine whether a document may bewithheld under Exemption 6, an agency must undertake a three-step analysis. First, the

agency must determine whether a significant privacy interest would be compromised by thedisclosure of the record. Second, the agency must determine whether the release of thedocument would further the public interest by shedding light on the operations andactivities of the Government. Third, the agency must balance the identified privacyinterests against the public interest in disclosure. Therefore, we have determined that theprivacy interests of the individuals identified, outweighs any minimal public interest in theiridentities, and the information has been withheld.

You may appeal our partial denial determination. If you choose to appeal, your appealmust be in writing and must be received within 45 days of the date of this letter. Pleasesend to:

AdministratorAnimal and Plant Health Inspection Service

Ag Box 3401Washington, D.C. 20250-3401

Exhibit A


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Lisette Garcia, J.D 2FOIA 02657

If you choose to appeal, please refer to FOIA 12-02657 in your appeal letter and add thewords FOIA Appeal to the front of the envelope. To assist the Administrator inreviewing your appeal, please provide specific reasons why you believe modification of thedetermination is warranted.

Because the cost to process your request is less than $25.00, the fee has been waived. If youhave any questions, please contact Ms. Sophie Lau-Lopez of my staff at (301) 851-4083.

Sincerely,

RSheppardsigned for

Tonya G. WoodsDirectorFreedom of Information & Privacy Act

Legislative and Public Affairs

Enclosures

Exhibit A


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05/17/2012 23:58 2026466190 PAGE 02/04

JudicialWatcli 12-0265;7. l ~ e c a u . ~ e no oneis abm1e tile lcwJ!

May 2012VIA CER1' MAlL & FAX: (20.2) 6 9 0 ~ 3 7 6 7FOTA ChiefTxina PorterU.S. Departmentof Agriculture355 E St.j S.W., 10111 rtoorWashington, D.C. 20024Re: FOIA Seel .Deal' Ms'"Porter:

IP

Pursuant to the Freedom ofinfonnati.on Act (FOIA), 5 U S.C. SS2, Judicial Watch,Inc., (Judicial Watch) hereby xequest..o;; that the U.S. Departmbnt o A g ~ : i e u l t u r e (USDA)produce the following tecords within twenty (20) business dtys: ,1) All contracts and expense reco1ds related to tl'aining r e r v i c ~ s provided bySarmlel Betan.ccs or his finn, Souder, Betances & A s ~ o c i . a t e s , pf h i c a g o ~ Tll.;2) All comm1.mications related to training and services J rovided by Samuel Beta.ncesor his firm, Souderj Betances & Associates, ofChica 0} m.; I3) All records and email ftom the offices of Sect'etru:y o m ~ s V ~ l s a c k , UnderSecretary Edward Avalos, AdministTator Greg Parhatn, and Deputy Admh,istratorJoanne Munno regarding the above-referenced trainifg and s e ~ v i c e s .For purposes or this request, the term "reco:rds" lticlubcs any ~ i d e o and/oraudio recordin&s of training or P . ! . ~ e n t a t i o n s provided or f1 cUitated! ~ a n c e sor his firm. The time f1amc for this reqt'iest is January 1, 2Q1 O,i through the

present.1n placing this request, J u d i c i ~ ; ~ . l Watch calls your attenti( n to r e ~ i d e u t BarackObama's January 21,2009 Metnorandum concemittg the Fr edom ortTnformation. Act

which states: lAU agencies should adopt a presum.ptton i11 f: vor ofdisclosure; \11 orcter to renew tbeit commitme t to thepr.iJ1ciples embodied in FOIA. .. The presumption of .disclosure should be applied to all decisions involvingFOTA. .

- ~ - - - - - - - - - - ~ - - - - - - - - - ~ ~ . . . . . . . 1 -425 Third St., SW, S\1he 800, a ~ h i n g t c m , DC 20024 rei: (202) 6 ~ 6 - S 1 . 7 ~ or 1-HH8593-8442f"AX; {202) 646"5199 limail: [email protected] {vww.JudiqialWatch.org

Exhibit B


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05/17/2012 23:58 2026460190

USDAMay 18, 2012

Freedom of!nformatim1 Act. Pres. Me1n. of January 21, 20oc, 74 Fed.: Reg. 4683.The men1o fi.u-ther provides that "The Freedom of lnf1rmation 1Act should beadministered with a clear presumption: In the case of doubt, ~ p e n n e s s i p r e v a i l s . ) ,Nevertheless, jf any responsive record or portion thertof is c l a ~ m e d to be exemptfi:om production under FOIA, please provide sufficient ide11ffying iu(ormatio11 with respect to each allegedly exempt .record or portion thereof to allow us 'to as$ess thepropriety oftlte claimed exemption. Vmtghn v. Roser1! 484 F 2d 820 (D.C. Cir. 1973),cert; denied, 415 U.S. 977 (1974). In addition, any reasonah y segregable porti.Ott ofat-espon.sive record must be provided, after redaction of allegedly ~ x e m p t 111aterial. 5u.s.c. 552(b). 'Judicial Watch also hereby requests a waiver of both seruch and duplication feespursuant to 5 U.S.C. 552(a)(4)(A)(ii)(II) and (a)(4)(A)(iii . Judicial Watch is et'ltitledto a waiver of search fees u n ~ e r 5U.S.C. 552(a)(4)(A)(ii)(. I) because it is a member ofthe news media. Cj. National Security Archive v. D e p a r t m e n ~ ofDafehse, 880 F.2d 1381,1387 (D.C. Cir. 1989)(defining news media within FOIA cobtext). Judicial Watch hasalso been recognized as a member of the news m.edia in t h ~ t FOIA litigation. See, e.g.,Judicial Watch, Inc. v. U.S. Department of.Justice, 133 F. Supp.2d 52 (D.D.C. 2000);and, Judfcial Watch, Inc. v. Department o.f'DejeJ'ISfJ) 2006 U.S. Dist. I,EXIS 44003, *(D.D;c. June 28, 2006). Judicial Watch regularly obtains i ~ u o r m a t i o * about theope1'ations and activities of government thtol.Igh FOIA and ther m e a n s ~ uses its editorialskills to tum this informatio11 into di.stlnct works, and publisl es and disseminates theseworks to the public. It intends to do likewise with the recordh it 1'ecei,;,es in response to

this request. 1 ' Judicial Watch also is entitled to a complete waiver fbotb s ~ a r c h fees andduplication fees pursuant to 5U.S.C. 552(a)(4)(A)(iii). U 1 ~ d e t this provision, records: shall be furnished without atiY charge or. at a h a r ~ e ;reduced below the fees established under claJse (H) i fdisclosure ofthe infonn.alion is in the publiclnterestbecause it is likely to contribute significantly to public.understanding ofthe operations Qr activities f governmentand is not primarily in the commercial intere, t of therequester.5 U.S.C. 552(a)(4)(A)(lii).

[n addition, ifrecmds are not p1'oduced within twent (20) b u ~ i n e s s days, JudicialWatch is entitled to a o m p l e t ~ waiver of search a.tld duplication. fees: unde1' Section 6(b)of the OPEN Govel'.nment Act of2007, which amended :FOIA at Su.s.c. 552(a)(4)(A)(viii).

Pngc 2 of3

PAGE 03/04Exhibit B


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05/17/2012 23:58

USDAMay 18,2012

2026460190 JUDICIAL ..,.LiIII!

Judicial Watch is a 0 l ( c ) ( 3 ) ~ n o t f m ~ p r o t i t , educatio l organization, and) bydefinition, it has 110 commercial purpose. Judicial Watc.h e x i ~ t s to e d u ~ t e the publicabout the opemtions attd activities of government> as well as . increa* publicunderstanding about the importance of ethics and the rule of1 w in govemment. Theparticular records requested herein are sought as pal't of Judicial Watcli's ongoing effortsto document the operations attd activities of he federal goverhme'pt a t ~ ~ to edttcate thepublic about these operations and activities. Once Judicial W ~ c h ' o b t a i n s the tequestedrecords, it intends to analyze thern and disseminate the 1'esult of ts a n ~ . lysis, as well asthe recotds themselves, as a special written report. Jndicia[ atch Willi also educate thepublic via radio programs, Judicial Watch's website1 attd/or n w s l e t t e 1 ; ~ among other, outlets. It also will make the records a v ~ H a b l e to other e m ~ e r s ofthci: media orr e s e a r c h e t s ~ p o n request. Judicial Watch has a ptovcn abillt to dissethinate h'formationobta5Jied through FOIA to the public, as demonstrated by its l n g s t r u i ~ i n g andcontitming public outreach efforts. j

Given these circun1stances, Judicial Watch is entitled o a public interest feewaiver of both search costs and duplication costs. Nonethelek in the event our reqnestfor a waiver. of search and/or duplication costs is denied, Juditial Watd.h is willing to payup to $350.00 in search and/or dupH.cation costs. J u d i c i ~ . l W ~ ~ c h requests that it becontacted before any such costs ate incurred, in order to priontize sear9h and duplicationefforts. l ;In an effo1t to facilitate record production within the s t u ~ o r y dme limit, JudicialWatch is wUUng to accept doc1.tments in electronic format ( e . ~ . e ~ m a i l . ' .pdfs). Whennecessary, Judicial Watch wUl also accept the "rolling produdtion" of documents.Judicial Watch anticipates prompt receipt of the requested do uments *nd a waiver ofboth search and duplicatiolJ costs within twent-y (20) business. days. Thank you fot yow:timely compliance wit.h all applicable laws.

Lisette Garcja., J.D.Seniol' Investigator

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PAGE 04/84Exhibit B


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Exhibit C


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Exhibit D


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Exhibit E


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Exhibit E

aphis appeal w exhibits

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