USDA United States Department of Agriculture Office of the General Counsel 1400 Independence Ave. SW Washington, DC 20250-1400 November 21, 2019 Delivered via Electronic Mail Katherine Anthony American Oversight 1030 15th Street NW, Suite B255 Washington, DC 20005 foia@americanoversight.org RE: Freedom of Information Act (FOIA) Request 2019-OSEC-06636-F Final Response Dear Ms. Anthony: This is the Departmental FOIA Office’s (DFO) final response to the above-referenced FOIA request seeking the following: 1. All records reflecting any delegation of any statutory or regulatory authority of USDA to Brandon Lipps or any official serving—on an acting or permanent basis—in the position of (1) Deputy Undersecretary of Food, Nutrition & Consumer Services, (2) Administrator of the Food and Nutrition Service, or (3) Undersecretary of Food, Nutrition & Consumer Services. For item 1 of this request, please provide all responsive records from April 25, 2017, through the date a search is conducted. 2. All records reflecting any delegation of any statutory or regulatory authority of USDA to the position of (1) Deputy Undersecretary of Food, Nutrition & Consumer Services, (2) Administrator of the Food and Nutrition Service, or (3) Undersecretary of Food, Nutrition & Consumer Services. 3. Copies of any job descriptions for the positions of (1) Deputy Undersecretary of Food, Nutrition & Consumer Services or (2) Undersecretary of Food, Nutrition & Consumer Services. For items 2 and 3 of this request, please provide all responsive records that were or are in effect from April 25, 2017, through the date a search is conducted, regardless of when they were created or implemented. Your request has been processed under the FOIA, 5 U.S.C. § 552. A search for responsive records was performed by USDA’s Office of Human Resources Management (OHRM). The OHRM facilitates the attainment of the Department’s strategic goals and program objectives by ensuring the recruitment and retention of a diverse, highlyskilled workforce that is aligned with program needs as well as to promote a competency-based Katherine Anthony OGC FOIA Case No. 2019-OSEC-06636-F Page 2 and results-oriented performance culture at USDA. Seventeen (17) pages of responsive records were uncovered. However, three of those pages were released to American Oversight in separate FOIA requests: The Requests for Senior Executive Service Appointing Authority, dated June 13, 2017, and July 17, 2019, were released to American Oversight in fulfillment of FOIA request 2019-OSEC-06595-F. Additionally, the Standard Form 50, dated August 18, 2019, was released to American Oversight in fulfillment of FOIA request 2019-OSEC-06599. Thus, to avoid duplicate productions, fourteen (14) pages of responsive records are being released here. Following a review of the responsive records, the DFO has determined that certain information contained therein should be withheld pursuant to 5 U.S.C. §552(b)(6) (FOIA Exemption 6). Below is an explanation of the information that has been withheld. FOIA Exemption 6 Exemption 6 generally is referred to as the “personal privacy” exemption. It provides that the disclosure requirements of FOIA do not apply to “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” Application of the exemption involves balancing the public’s interest in disclosure against individuals’ privacy interests. For purposes of the FOIA, the public interest is advanced when disclosure of the requested information educates the public about the activities of the government. The information withheld under Exemption 6 consists of the following information relating to Brandon Lipps: social security number, date of birth, information relating to retirement plans, veteran’s preference, and annuity. Additionally, the written signature of Chris Young, Deputy Chief of Staff of Operations, was redacted under Exemption 6. All of these items fall under the category of “similar files” because the information applies to a particular individual. This information is purely personal in nature, and the withheld information pertaining to Mr. Lipps is not pertinent to his official duties. Because there is a viable privacy interest in this information and no outweighing public interest to be advanced by disclosure, Exemption 6 authorizes the DFO to withhold these items from release. You may appeal this response by email at USDAFOIA@usda.gov, or by mail to Inga BumbaryLangston, Deputy General Counsel, Room 101-W, Jamie L. Whitten Federal Building, U.S. Department of Agriculture, 1400 Independence Avenue, S.W., Washington, D.C. 202500103. Your appeal must be in writing, and it must be received no later than 90 calendar days form the date of this letter. The OGC will not consider appeals received after the 90 calendarday limit. Appeals received after 5:00 p.m. EST will be considered received the next business day. The appeal letter should include the FOIA tracking number listed above, a copy of the original request, the DFO’s response to your original request, and a statement explaining the basis of your appeal. For quickest possible handling, the subject line of your email, the appeal letter, and its envelope, if applicable, should be marked “Freedom of Information Act Appeal.” You may seek dispute resolution services from the DFO’s FOIA Public Liaison, Ms. Camille Aponte. Ms. Aponte may be contacted by telephone at 202-690-5260 or electronically at Camille.Aponte@usda.gov or USDAFOIA@usda.gov. Katherine Anthony OGC FOIA Case No. 2019-OSEC-06636-F Page 3 Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about its FOIA mediation services. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; email at ogis@nara.gov; telephone at 202-741-5770; toll-free at 1-877684-6448; or facsimile at 202-741-5769. If you have any questions regarding this letter, please contact 202-694-5982 or USDAFOIA@usda.gov. Sincerely, Alexis Graves Departmental FOIA Officer Office of the General Counsel Enclosure: Responsive Records (14 pages) Standard Form 50 Rev. 7191 O.S. Office of Pe.nonnel l\of:anaz::ement FPi\l Supp. 296-33, Subch. 4 NOTIFICATION OF PERSONNEL ACTION 1. Name (Last, First, Middle) 2. Social Security Number 2019-OSEC-06636-F 3. Date or Birth 4. Effective Date 07/19/17 LIPPS, BRANDON RAY SECOND ACTION FIRST ACTIO S-A.Code S-B. Nature of Action 6-A. Code 6-B. Nature of Action SES NON CAREER APPT 146 S-C. Code V4L S-D. Lqal Authority S USC 3394(A) 6-C. Code 6-D. Legal Authority 5-E.Code AWM S-F. Legal Authority OPM FORM 1652 6-E.Codc 6-F. Legal Authority 7, FROM: Position Title and Number 0, Cnd• or Level I I. Strp or lutr 12. Tot1I S1lary 8, Pay Pl•• 9. Oct. Code 12A. Basic Pay 15. TO: Position Title. aod Number ADMINISTRATOR ES98021 98021 12B. Locality Adj. 13. P1yB11i; 12C. Adj. Basic Pay 12D. Other Poy .00 .00 1-5-Pnt.t 4 - 10--Peint/Compm�abk 17. ()cc. Code 18, Cr•d• or l,e•el 19,St

.U y • l gn od by B013'91:& EA.R t.EX Dat • : 2.0 17 . 0 6. 13 12 : 0•: U -01'00 1 FARLEY · 1, Date I : 1 . Information for Employees. The standards, and in formation on their application , are avai lable in the personnel office. The classification of the position may be reviewed and corrected b y the agency, or the U.S. Office of Person nel Management lnfonnation on classification/job grading appeals, and complamts on exemQtion m,m FLSA, Is availaHle fro m the personnel office or the U.S. Office of Personnel Management. . I 23. Position Review Initials , Date Initials Date Initials , Date Initials , Date Initials , I I a. Employee (optional) : b. Supervisor I I c. Classifier .I 24. Remarks Schedule C position Position requires TS 25. Description of Major Duties and Responsibilities (SeeAttached) · NSN 7540-00-634-4265 - l>reviousEditionUsable 5008-106 8 of 14 OF 8 (Rev. 1-85) U.S. Off,caof Personnel Management USDA-19-1159-A-000008 FPMChapt e r 295 Date 2019-OSEC-06636-F 1. Agency Position No. POSITION DESCRIPTION (Please Read Instructions on the Back) 2. Reason for Submission 4. Employing Office Location 5. Duty Station Washington, DC Washington, DC 13. Service D Redescription [8] New D Reestablishment D Other LJField [8]Hdqtrs 6. OPM Certification No. DAES98021 8. Financial Statements Required 7. Fair Labor Standards Act ExecutivePersonnel Employmentand Nonexempt [8] Exempt FinancialInterest FinancialDisclosure D □ 10. Position Status Explanation (Show any positions replaced) 11. Position Is Ocompetitive 15. Classified/Graded by Official D D Excepted (Specify in Remarks) SES (CR) (8]SES (Gen.) □ Title of Position 12. Sensitivity D Supervisory D 1-Non- D 3-Critical [8]Managerial D 2-Noncritical [8]4-Special LJNeither 9. Subject to IA Action fxl No Oves 13. Competitive Level Code Sensitive Pay Plan Occuoational Code 14. Agency Use Sensitive Sensitive Grade Date Initials a. Office of Personnel Management b. Department, Agency or Establishment Administrator ES 00 0301 c. Second Level Review d. First Level Review e. Recommended by Supervisor or Initiating Office 16. Organizational Title of Position (if different from official title) 17. Name of Employee (if vacant, specify) Brandon Lipps 18. Department, Agency, or Establishment c. Third Subdivision U.S. Department of Agriculture Office of the Administrator, Food and Nutrition Services a. First Subdivision d. Fourth Subdivision Office of the Secretary e. Fifth Subdivision b. Second Subdivision Under Secretary for Food Nutrition and Consumer Services Signature of Employee (optional) 19. Employee Review-This is an accurate description of the major duties and responsibilities of my position . 20. .. this mformation is to be used for statutory purposes relating to appointment and payment of public funds, ancf that false or misleaaing statements may constitute violations of such statutes or their implementing regulations. Supervisory Cert1f1cation. I certify that this 1s an accurate statement or the major duties and responsibilities of this position and its organizational relationships, and that the position is necessary to carry out Government functions for which I am responsible. This certification is made with the knowledge that 7b. Typed Name and Title of Higher-Level Supervisor or Manager (optional) a. Typed Name and Title of Immediate Supervisor ! L. Christopher Young, Deputy Chief of Staff of Operations i ·sigiiature--------------------------------------------:b-ate _________ rsignature ___________________________________________ f 6;~---------' I I I I I I I I I I I I I I I I I 21. 22. Position Classification Standards Used in Classifying/Grading Position Classification/Job Grading Certification. I certire that this&_osilion has been classifiedlgraaed as reiuired by Tit e 5, U.S. ode, in conformance with standards pub ished by the U.S. Office of Personnel Management or, if no published standards apply direct_____ /y, consistently with the most applicable published standards. __________ Typed Name and Title of Official Taking Action Bobbie Farley, Classification Officer, ERMD --------------------------------------------------Signature Digitally BOBBIE BOBBIE signed by Initials I Date : Date I I I I I FARLEY Date: 2017.06.13 12:04:11 -04'00' FARLEY 23. Position Review 1------------- Initials I Date Information for Em~loyees. The standards, and information on their application, are availa le in the personnel office. The classification of the position may be reviewed and corrected by the agency or the U.S. Office of Personnel Management. Information on classification/job grading on exemi:ition from FLSA, is availaole from the appeals, and comftlaints personnel office or he U.S. Office of Personnel Management. Initials I I I I I I I I I b. Supervisor I I I I I I I I I I I I I I c. Classifier I I I I I I I I I a. Employee (optional) Date Initials I Date Initials I I I I I I I I I I I I I I I I I I I I : 24. Remarks Schedule C position Position requires TS 25. Description of Major Duties and Responsibilities (See Attached) NSN 7540-00-634-4265 Previous Edition Usable 5008-106 9 of 14 OF B (Rev.1-85) U.S. Officeof PersonnelManagement USDA-19-1159-A-000009 FPMChapter295 Date 2019-OSEC-06636-F U.S. Department of Agriculture Under Secretary for Food Nutrition and Consumer Services Food and Nutrition Service Office of the Administrator Administrator ES-0301-00 INTRODUCTION: The incumbent of this position serves as the Administrator of the Food and Nutrition Service (FNS) which is a major operating Agency of the U.S. Depatiment of Agriculture (USDA). The efforts of the incumbent and the mission of the Agency are directed toward combating hunger among the Nation's low-income families. This is a Schedule C excepted service position. The work requires a confidential relationship that implies intimate knowledge and support of the strategic goals and objectives of the President and the Secretary of USDA. MAJOR DUTIES AND RESPONSIBILITIES: The Administrator is fully responsible for the overall planning, formulation, direction, administration and management of all programs, functions and activities that support the delivery of services and information required to accomplish the multi-faceted FNS mission. The mission support responsibility encompasses organizational design, talent acquisition, development and retention, infrastructure acquisition, policy and program development and administration, financial management, infmmation technology (IT), and civil rights program management, as well as Departmental and Congressional liaison, in compliance with applicable laws, regulations, mandates and Depaiimental guidance. The Administrator supervises and directs subordinate Associate Administrators and ensures that they fulfill the programmatic responsibilities delegated to them. With the support of the Associate Administrators, the Administrator retains ultimate responsibility for the successful operation of these service and benefit delivery programs. These programs are as follows: Supplemental Nutrition Assistance Program: Supplemental Nutrition Assistance Program (SNAP) is designed to increase the food purchasing power of low-income families, thereby improving the health of low-income families through better nutrition. The program is administered by State agencies under Federal oversight and with Federal monitoring. State agencies are responsible for celiification and benefit issuance Functions. FNS is responsible for authorizing retailers to participate in the program. SNAP operates through normal channels of trade to provide food to families in economic need of assistance. SNAP is an entitlement program in which anyone who meets the eligibility requirements, generally related to low household income as well as their expenses, will receive benefits. SNAP improves the health and nutrition of low income families and strengthens the national economy through its multiplier effect. Every $5 in new SNAP benefits generates $9 in total community spending, benefiting the grocery stores where the food was purchased, the distributors who 10 of 14 USDA-19-1159-A-000010 2019-OSEC-06636-F delivered the food, and ultimately the fmmers who produced it. Food Distribution Program: Through the Food Distribution Program (FDP), FNS donates foods to various food program outletsincluding schools and institutions participating in USDA's child nutrition programs, charitable institutions, food banks, summer camps for children, disaster relief agencies, and low income families on some Indian reservations and in the trust ten-itories. Commodities used in the program are purchased under special purchasing authority or acquired under price-suppo1i and surplus-removal legislation, and donated to program outlets through cooperating State agencies. The volume and variety of donated foods purchased under this legislation may fluctuate in relation to agricultural marketing conditions. Special Supplemental Nutrition Program for Women, Infants, and Children The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) provides specified nutritious food supplements to low-income pregnant, breastfeeding, and post-pmium women as well as to infants and to children up to their 5th birthday. All mothers and children who participate in the program are individually ce1iified as "nutritional risks" because of nutritional need. The supplemental foods provided to program participants contain nutrients--specifically high quality protein, iron, calcium, vitamin A and vitamin C--known to be lacking in the diets of persons considered nutritional risks. Competent professionals (physicians, nutritionists, nurses, and other health officials) detelmine if a person is in nutritional need - through a medical or nutritional assessment. The food packages provided by WIC are tailored to the dietary needs of individual participants. The WIC Program provides money to pal ticipating State health depal tments or comparable State agencies. Indian tribes recognized by the Department of Health and Human Services may also act as State agencies. These agencies use Federal funds to provide food for WIC participants through local agencies and to pay for specified administrative and clinical costs, including those for nutrition education, a vital part of the WIC Program. Commodity Supplemental Food Program: The Commodity Supplemental Food Program (CSFP) provides nutritious foods to supplement the diets oflow-income elderly individuals and pregnant, post-pmium, or breastfeeding women, and infants and children less than 6 years of age. Eligible participants must meet income standards for benefits under existing Federal, State or local food, health, or welfare programs for low-income people. Nutrition education is an essential part of the program. Each State is responsible for ensuring that its local agencies make nutrition education available to all adult pmiicipants and to parents Or guardians of infant and child pal ticipants. Local agencies are also responsible for encouraging and directing pmiicipants to use health care services. Child Nutrition Programs: Six separate Child Nutrition Programs are administered by FNS - the National School Lunch Program (NSLP), School Breakfast Program (SBP), Child and Adult Care Food Program, Summer Food Service Program for Children (SFSP), Special Milk Program for Children (SMP), and the 11 of 14 USDA-19-1159-A-000011 2019-OSEC-06636-F Fresh Fruit and Vegetable Program. Although they are separate programs, they share a common goal to safeguard the health and well-being of the Nation's children. These programs are authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966. The programs are designed to help all children. In most instances, State educational agencies administer the programs. The Federal Government provides cash and donated food assistance to the States for those schools and child care institutions which meet the requirements of the individual programs: National School Lunch Program (NSLP). Since 1946, NSLP has helped provide nutritious lunches to the Nation's school children. All public and nonprofit schools of high school level and under, as well as public and licensed, nonprofit, private residential child care institutions may participate in the programs. The NSLP serves about 32 million meals to school children each school day. School Breakfast Program (SBP). The SBP, established by the Child Nutrition Act of 1966, offers children a nutritious breakfast of foods that are easily prepared at school. The program is especially important in improving students' diets, since many children, through no fault of their own, come to school without eating breakfast. Studies have repeatedly shown the direct con-elation between good nutrition and performance in school. Today the program is available to all public and nonprofit private schools of high school level and under, as well as public and nonprofit, private residential child care institutions. Child and Adult Care Food Program (CACFP). The CACFP provides nutritional benefits similar to those of the school food programs. It operates year-round in nonresidential institutions and facilities such as day care centers, Head Start centers, and family day care homes. Children in the program receive nutritious meals and snacks. FNS assistance in the form of cash reimbursement and commodity donations is tied to the volume of meals and the relative need of children served. Summer Food Service Program for Children (SFSP). The SFSP bridges the gap in the school food programs by providing meals to children during extended school vacation periods. It generally operates during the summer when school is not in session. Any public or nonprofit, private nonresidential institution may sponsor the program at sites in lowmcome areas. Special Milk Program for Children (SMP). The SMP makes it possible for all children attending a participating school or institution that does not participate in the NSLP or SBP to purchase milk at a reduced pl ice or receive it free, if they are eligible. Schools and institutions that participate in other Child Nutrition Programs may only participate in the SMP and receive reimbursement for each half pint of milk served under the program for children in half day kindergarten who do not have access to school meals. Fresh Fruit and Vegetable Program (FFVP). The FFVP provides grants to states for the provision of fresh fruits and vegetables to children outside of the school meal service, e.g., a mid-morning or mid-afternoon snack. This program operates in a limited number of schools in each state. 12 of 14 USDA-19-1159-A-000012 2019-OSEC-06636-F KNOWLEDGE REQUIREMENTS: The incumbent must possess: Executive ability to plan, direct and coordinate all activities in FNS programs, to folmulate and implement policies and programs of FNS and to present operating plans and technical issues and proposals to officials of the highest level. Ability to evaluate programs under his/her direction; anticipate and recognize significant issues, developments and trends, and make judgments in taking appropriate management actions. Knowledge and skill through experience, and demonstrated ability in managerial concept and principles, to provide authoritative, direct guidance and leadership to staff to carry out the responsibilities of the programs. I Skill in oral and written communication to perform contact and liaison functions necessary to develop and maintain mutually satisfactory relationships with other organizations and representatives of industry. A broad knowledge of the laws and regulations pe1iaining to food programs, and affects of regulations on government, industry and the public. SCOPE AND EFFECT OF WORK: The programs of FNS are national in scope and of great significance. Their primary objectives are (I) to provide the opportunity for all members oflow-income families to have a nutritious diet; (2) to provide the opportunity for all school children--low-income and non-low-income to have a nutritious diet; (3) to inf01m low income people of the importance of a healthy diet via pmiicipation in the nutrition assistance programs; and (4) to provide food for institutionalized persons, victims of disaster, and to military installations. Related objectives are to increase access to such the nutrition assistance programs and maintain the integrity of the programs as part of proper oversight and management of Federal programs. Child nutrition activities have emerged from a provincial beginning to include (I) a set of integrated programs, keyed toward low-income children, providing equipment for food preparation, funds to help States provide supervision mid technical assistance, and breakfasts and lunches that are free or at substantially reduced prices; and (2) programs aimed at children of low-income families out of school, including those in pre-school programs, day care centers, settlement house, and summer camps. The Food and Nutrition Service budget exceeds $100 billion. The SNAP budget estimate is approximately $68.6 billion with an estimated 44 million pmiicipants per month. The Administrator represents the FNS and the U.S. Depmiment of Agriculture in testifying before Congressional Committees , and in developing and maintaining harmonious and cooperative relationships with other Federal, State and local agencies. The nature and scope of programs requires extensive contacts with members and committees of Congress, officials of national and State hunger and nutrition advocates, retailers, trade and service organizations, State Heads of Depmiments and private groups and organizations. 13 of 14 USDA-19-1159-A-000013 2019-OSEC-06636-F RESPONSIBILITIES FOR THE WORK OF OTHERS: The Administrator provides direction and leadership to five Associate Administrators (ES level), two Deputy Administrators (ES level), one Special Assistant (GS-14 level) and one Administrative Officer (GS-14 level). Assigns responsibilities, delegate's authority, detelmines operating policies, exercises general direction over the work, and is responsible for the review of operations to assure the attainment of program objectives. The Administrator is responsible for the overall executive, administrative and program processes in accomplishing the goals of the Agency. This includes responsibility for establishing the organizational framework; delegating authority and responsibility; establishing overall operating policies, priorities and procedures; establishing long and short-range plans and projects, allocating resources within broad budgetary guidelines and directing, coordinating and reviewing program operational and administrative management of the Agency and supports an Agency budget of over $100 billion. He/she provides equal opp0liunity in employment for all subordinates, applicants, and new hires; and prohibits discrimination in employment based on race, color, religion, gender, national Origin, age, disability, political affiliation, sexual orientation, and marital or family status. SUPERVISION AND GUIDANCE RECEIVED: The Administrator, FNS reports to the Under Secretary for Food, Nutrition and Consumer Services. He/she has full authority to _ speak or act for the Agency and to dete1mine its organization, policy and procedures, subject only to the overall approval of the Under Secretary. 14 of 14 USDA-19-1159-A-000014