United Sates Deparmentof Asrcuture once of the Chiet Infomation tice 1400 Independence Avenue SW Washington, DC ans) USDA United States Dopartmant of Agricuture August 1, 2014 Annie Weismann 1400 Eye St. NW Suite 450 Washington, DC 20005 RE: Freedom of Information Act (FOIA) Request 2014-OCIO-01714-F Final Response VIA US. FIRST CLASS MAIL, Dear Ms. Weismann: This letter is the final response to your January 24, 2014, FOIA request 2014-0C10-01714- for: 1. Any and all records dating from January 1, 2012 to October 31, 2013 relating to the neonicotinoid class of pesticides and their relationship to colony collapse disorder and the massive dic-off of honeybees. Specitically, data provided to the USDA by pesticide manufacturers and distributors Bayer CropScience, Syngenta, Monsanto, Atysta, Valent USA, and Jansen as well as trade groups such as the National Com Growers and the National Association of Wheat Growers, regarding pending legislation or rulemakings dealing with the neonicotinoid pesticides clothianidin and thiamethoxam. 2. Records that reflect any communications between any employee of the USDA and any employee of the aforementioned pesticide companies and trade groups regarding neonictinoids from January 1, 2012 to October 31, 2013. 3. Records that reflect any communications between any employee of the USDA and any employee of the Environmental Protection Agency tegarding neonicotinoids from January 1, 2012 to October 31, 2013. 4, Records that reflect any communications between any employee of the USDA and any member of the U.S. Senate or House of Representatives regarding regulation of the aforementioned pesticides from January 1, 2012 to October 31, 2013, A search for responsive records was conducted at the Office of the Executive Secretariat's (OES) Enterprise Correspondence Management Module (ECMM). OES ensures that all Department officials are included in the correspondence drafting and policy making process through a managed clearance and control system. ECMM manages correspondence and other documents from initial receipt through completion and archival storage. Correspondence includes inquiries from the public, private, political, and internal sectors, from theAnnie Weismann 2014-OC10-01714-F beginning of the inquiry up to and including the resolution and response back to the originator. total of 266 pages of records were identified by the FOIA Service Center as responsive to your request. From the ECMM system, thirty (30) pages are being released to you in part pursuant to FOLA Exemption (b)(6). ‘The remaining 236 pages are being released to you in fll Please note the FOIA Service Center determined that responsive material for parts 1-3 of this request might also have been maintained by the Agricultural Marketing Service (AMS), Agricultural Research Service (ARS), and Animal & Plant Health Inspection Service (APHIS). This request was referred to AMS; ARS; and APHIS for further review and processing. A total of 1128 pages of records were identified by ARS as responsive to your request. Forty (40) pages are being withheld in full pursuant to FOIA Exemption (b)(5). ‘Twenty-two (22) pages are being withheld in part pursuant to FOIA Exemption (b)(5). Forty-four (44) pages are being withheld in part Pursuant to FOLA Exemption (b)(6). Ten (10) pages are being withheld in part pursuant to FOLA Exemption (b)(5) and (b)(6). The remaining 1012 pages are being released to you in full. No responsive records were found by AMS or APHIS. Inter-agency or Intra-Agency Communication Exemption 5 U.S.C. $552(b)(5) Exemption (b)(5) of the FOIA protects "inter-agency or intra-ageney memorandums of letters which would not be available by law to a party other than an ageney in litigation with the agency." As such, the privilege “exempts those documents normally privileged in the civil discovery context." NLRB v Sears Roebuck & Co., 421 U.S. 132, 150 (1975), The exemption incorporates several of these privileges from discovery in litigation, including the deliberative process privilege. The Deliberative Process Privilege is one of the litigation privileges that may be invoked under Exemption (b)(5) in order to protect the "decision making processes of government agencies." Sears, 421 U.S. 132, 150; see also Missouri ex rel. Shorr v, U.S, Amy Corps of Eng'ss, 147 F.3d 708, 710 (8th Cir. 1998). The deliberative process also protects pre-decisional ‘materials. Pre-decisional materials are those prepared to assist an agency in arriving ata decision, and may include recommendations, dealt documents, proposals, suggestions and other subjective documents which ‘may reflect the personal opinions of the writer rather than the policy of the ‘agency. From the responsive record set, the USDA is withholding pre-decisional recommendations and proposalsAnnie Weismann 2014-OC10-01714-F Personal Privacy Interests Exemption 5 U.S.C. §552(b)(6) FOIA Exemption (b)(6) permits the government to withhold information regarding individuals when the disclosure of such information "would constitute a clearly ‘unwarranted invasion of personal privacy" and where such privacy interests outweigh any public interest which would be advanced by the disclosure of their Contact information. From the responsive records, USDA is withholding personally identifying information such as home addresses, and personal telephone numbers. You have the right to appeal this determination. Any appeal must be made in ‘writing to the Assistant Secretary for Administration, USDA, 1400 Independence Avenue, $.W., Whitten Bldg, 209-A, Washington, D.C. 20250-0103 and received within 45 days from the date of this letter. Placing the phrase “FOIA APPEAL” on the front of the envelope and in the subject heading of the letter facilitates the processing of any appeal, If you have any questions regarding your FOIA request, please contact the USDA FOIA Service Center at USDAFOIA@ocio.usda.vov. Please use the reference number 2014-OCIO-01714-F in any further correspondence with us on this matter. Sincerel Alexis Graves Department FOIA Officer Enclosures (1): Responsive Records 2014-OC10-01714-F