HRSA Fiscal Year 2005
Freedom of Information Annual Report
I. AGENCY: Health Resources and Services Administration
U.S. Department of Health and Human Services
REPORT PREPARED BY: Mona Finch
TITLE: Freedom of Information Officer, Office
of Communications, Health Resources and Services Administration,
HHS
ADDRESS: 5600 Fishers Lane, Rm. 14-23, Rockville,
MD 20857
PHONE NUMBER: (301) 443-2865
ELECTRONIC ADDRESS FOR THIS REPORT ON THE WORLD
WIDE WEB: http://www.hrsa.gov/foia/annual05.htm
ADDRESS FOR PAPER COPIES OF THIS REPORT:
Freedom of Information Officer
Office of Communications
Health Resources and Services Administration, HHS
5600 Fishers Lane, Rm. 14-23
Rockville, MD 20857
II. HOW TO MAKE A FOIA REQUEST:
See HRSA FOIA Reference Guide at: http://www.hrsa.gov/foia/
A. Names, addresses, and telephone numbers of
all individual agency components and offices that
process FOIA requests:
Freedom of Information Officer
Office of Communications
Health Resources and Services Administration, HHS
5600 Fishers Lane, Rm. 14-23
Rockville, MD 20857
B. Brief description of agency's response time
range(s):
Response times can range from same day response to
more than 20 days, depending on the complexity of
the request.
C. Brief description of why some requests are
not granted:
Documents requested were protected by an exemption
and release would have caused harm to the interest
protected by the exemption.
III. DEFINITIONS OF TERMS AND ACRONYMS USED IN REPORT:
A. Agency-specific acronyms or other terms:
HHS - U.S. Department of Health and Human
Services
OPDIVs - Operating Divisions of HHS
OS - Office of the Secretary, HHS
ACF - Administration for Children and Families
B. Basic terms (from FOIA UPDATE, Summer 1997):
FOIA/PA request - Freedom of Information/Privacy
Act request. A FOIA request is generally a request
for access to records concerning a third party, an
organization, or a particular topic of interest. A
Privacy Act request is a request for records concerning
oneself. Such requests are also treated as FOIA requests.
(All requests for access to records, regardless of
which law is cited by the requester, are included
in this report).
Initial Request - A request to a federal agency
for access to records under the Freedom of Information
Act.
Appeal - A request to a federal agency asking
that it review at a higher administrative level a
full denial or partial denial of access to records
under the Freedom of Information Act, or any other
FOIA determination such as a matter pertaining to
fees.
Processed Request or Appeal - A request or
appeal for which an agency has taken final action
on the request or appeal in all respects.
Multi-track processing - A system in which
simple requests requiring relatively minimal review
are placed in one processing track and more voluminous
and complex requests are placed in one or more other
tracks. Requests in each track are processed on a
first-in/first-out basis. A requester who has an urgent
need for records may request expedited processing
(see below).
Expedited processing - An agency will process
a FOIA request on an expedited basis when a requester
has shown an exceptional need or urgency for the records
which warrants prioritization of his or her request
over other requests that were made earlier.
Simple request - A FOIA request that an agency
using multi-track processing places in its fastest
(non-expedited) track based on the volume and/or simplicity
of the records requested.
Complex request - A FOIA request, that an
agency using multi-track processing places in a slower
track, based on the volume and/or complexity of records
requested.
Grant - An agency decision to disclose all
records in full response to a FOIA request.
Partial grant - An agency decision to disclose
a record in part in response to a FOIA request, deleting
information determined to be exempt under one or more
of the FOIA exemptions; or a decision to disclose
some records in their entireties, but to withhold
others in whole or in part.
Denial - An agency decision not to release
any part of a record or records in response to a FOIA
request because all the information in the requested
records is determined by the agency to be exempt under
one or more of FOIA exemptions or for some procedural
reason (such as because no record is located in response
to a FOIA request).
Time Limits - The time period in the Freedom
of Information Act for an agency to respond to a FOIA
request (ordinarily 20 working days from proper receipt
of a perfected FOIA request).
Perfected request - A FOIA request for records
which adequately describes the records sought, which
has been received by the FOIA office of the agency
component in possession of the records, and for which
there is no remaining question about the payment of
applicable fees.
Exemption 3 statute - A separate federal statute
prohibiting the disclosure of a certain type of information
and authorizing its withholding under FOIA subsection
(b)(3).
Median number - The middle number, not the
average. For example, of 3, 7, and 14, the median
number is 7.
Average number - The number obtained by dividing
the sum of a group of numbers by the quantity of numbers
in the group. For example, of 3, 7, and 14, the average
number is 8.
IV. EXEMPTION 3 STATUTES:
A. List of Exemption 3 statutes relied on by the
agency during report year:
42 U.S.C. 11137 (b) Health Care Quality Improvement
Act of 1986
41 U.S.C. 253b (m) - National Defense Authorization
Act
- Brief description of type(s) of information withheld
under each statute:
42 U.S.C. 11137 (b) - Health Care Quality
Improvement Act of 1986 and the National Practitioners
Data Bank; Prohibits release of adverse reports
of a physician's conduct or practice.
41 U.S.C. 253b (m) - National Defense Authorization
Act; prohibits release of contractor proposals not
incorporated into agency contracts.
- Has a court upheld the use of each statute? No
V. INITIAL FOIA/PA ACCESS REQUESTS
(Include all requests, 3rd or 1st party):
A. Numbers of initial requests (line 1 + line
2 - line 3 = line 4):
- Number of requests pending at close of preceding
fiscal year: 46
- Number of requests received during reporting
fiscal year: 375
- Number of requests processed during reporting
fiscal year: 386
- Number of requests pending at close of reporting
fiscal year: 35 (This number should match Line VII.B.1.)
B. Disposition of Initial Requests:
- Number granted in full: 291
- Number granted in part: 15
- Number of full denials: 18
a. Number of times each FOIA exemption was used:
Exemption 1: 0
Exemption 2: 0
Exemption 3: 3
Exemption 4: 10
Exemption 5: 13
Exemption 6: 5
Exemption 7: 5
Exemption 7(A): 5
Exemption 7(B):
Exemption 7(C):
Exemption 7(D):
Exemption 7(E):
Exemption 7(F):
Exemption 8: 0
Exemption 9: 0
- Other reasons for non-disclosure: 62
a. No records: 38
b. Referrals: 11
c. Request withdrawn: 10
d. Fee-related reason: 1
e. Records not reasonably described: 0
f. Not a proper FOIA request for some other reason:
0
g. Not an agency record: 1
h. Duplicate request: 1
i. Other (specify): 0
VI. APPEALS OF INITIAL DENIALS OF FOIA/PA REQUESTS
(include all access requests whether first or third
party):
Appeal authority for HRSA denials is the Deputy Assistant
Secretary for Public Affairs (Media), Department of
Health and Human Services (HHS). Information about
HRSA appeals will be included in the DASPA(Media)
Annual FOIA Report for HHS.
A. Numbers of Appeals:
- Number of appeals received during the fiscal
year:
- Number of appeals processed during the fiscal
year:
B. Disposition of Appeals:
- Number completely upheld:
- Number partially reversed:
- Number completely reversed:
a. Number of times each FOIA exemption used (counting
each exemption used once per appeal)
Exemption 1:
Exemption 2:
Exemption 3:
Exemption 4:
Exemption 5:
Exemption 6:
Exemption 7
Exemption 7(A):
Exemption 7(B):
Exemption 7(C):
Exemption 7(D):
Exemption 7(E):
Exemption 7(F):
Exemption 8: 0
Exemption 9: 0
- Other reasons for non-disclosure (total):
a. No records:
b. Referrals:
c. Request withdrawn:
d. Fee-related reason:
e. Records not reasonably described:
f. Not a proper FOIA request for some other reason:
g. Not an agency record:
h. Duplicate request:
i. Other (specify):
VII. COMPLIANCE WITH TIME LIMITS/STATUS OF PENDING
REQUESTS:
A. Median Processing Time for Requests Processed
During the Year
- Simple Requests:
a. Number of requests processed: N/A
b. Median number of days to process: N/A
- Complex Requests:
a. Number of requests processed: 386
b. Median number of days to process: 20
- Requests Accorded Expedited Processing:
a. Number of requests processed: 6
b. Median number of days to process: 14
B. Status of Pending Requests (if multiple tracks
are being used, report for each track as well as totals).
- Number of requests pending as of the end of the
fiscal year covered in this report (from Line V.A.4):
35
- Median number of days that such requests were
pending as of that date: Medians vary greatly from
OPDIV to OPDIV. 9
VIII. COMPARISONS WITH PREVIOUS YEAR (S): (Optional):
IX. COSTS/FOIA STAFFING:
A. Staffing levels:
- Number of full-time FOIA personnel: 2
- Number of personnel with part-time or occasional
FOIA duties (in total work-years): 1 person at .5
- Total number of personnel (in work years): 2.5
B. Total costs (including staff and all resources):
- FOIA processing (including appeals): $112,400
- Litigation-related activities (estimated): $1,300
- Total costs: $113,700
- Comparison with previous year(s) (optional):
Total Cost 2004: $174,332
Total Cost 2005: $113,700
X. FEES:
A. Total amount of fees collected by agency for
processing requests: $4,140
B. Percentage of total costs: 3.6%
|