HRSA Fiscal Year 2001
Freedom of Information Annual Report
I. AGENCY: Health Resources and Services Administration
REPORT PREPARED BY: Steven J. Merrill
TITLE: Freedom of Information Officer, Office
of Communications, Health Resources and Services Administration,
HHS
ADDRESS: 5600 Fishers Lane, Rm. 14-15, Rockville,
MD 20857
PHONE NUMBER: (301) 443-2865
ELECTRONIC ADDRESS FOR THIS REPORT ON THE WORLD
WIDE WEB: http://www.hrsa.gov/foia/annual01.htm
ADDRESS FOR PAPER COPIES OF THIS REPORT:
Freedom of Information Officer
Office of Communications
Health Resources and Services Administration
5600 Fishers Lane, Rm. 14-15
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
5600 Fishers Lane,
Rm. 14-15
Rockville, MD
20857
B. Brief description of agency's
response time range(s):
Response
times can range from same day response to more than
3 months, 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
HRSA - Health
Resources and Services Administration
B. Basic terms (from FOIA UPDATE,
Summer 1997):
- FOIA request - Freedom of Information 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.
- 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 a 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 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's
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 the FOIA’s exemptions, or for some
procedural reason (such as: 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 or 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, not average,
number. 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 eight.
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
1.
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
2. Has a court upheld the use of each statute?
If so, cite example: No.
V. INITIAL FOIA ACCESS REQUESTS (Include all requests,
3rd or 1st party):
A. Numbers of initial requests
(line 1 + line 2 - line 3 = line 4):
1. Number
of requests pending at close of preceding fiscal year:
25
2. Number
of requests received during reporting fiscal year:
338
3. Number
of requests processed during reporting fiscal year:
330
4. Number
of requests pending at close of reporting fiscal year:
33
B. Disposition of Initial Requests:
1.
Number granted in full: 272
2.
Number granted in part: 35
3.
Number of full denials: 14
a. Number of times each FOIA exemption was used:
Exemption 1 - 0
Exemption 2 - 0
Exemption 3 - 3
Exemption 4 - 12
Exemption 5 - 9
Exemption 6 - 11
Exemption 7 - 0
Exemption 8 - 0
Exemption 9 - 0
4. Other
reasons for non-disclosure (total): 8
a. No records 5
b. Referrals 0
c. Request withdrawn 1
d. Fee-related reason 0
e. Records not reasonably described 0
f. Not a proper FOIA request for some other reason 0
g. Not an agency record 2
h. Duplicate request 0
i. Other (specify) 0
- APPEALS OF INITIAL DENIALS OF FOIA/PA REQUESTS:
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. Number of Appeals:
1.
Number of appeals received during the fiscal year
0
2.
Number of appeals processed during the fiscal year 0
B. Disposition of Appeals:
1.
Number completely upheld 0
2.
Number partially reversed 0
3.
Number completely reversed 0
a. Number of times each FOIA exemption used (counting
each exemption used once per appeal)
Exemption 1 - 0
Exemption 2 - 0
Exemption 3 - 0
Exemption 4 - 0
Exemption 5 - 0
Exemption 6 - 0
Exemption 7 - 0
Exemption 7(A) - 0
Exemption 7(B) - 0
Exemption 7(C) - 0
Exemption 7(D) - 0
Exemption 7(E) - 0
Exemption 7(F) - 0
Exemption 8 - 0
Exemption 9 - 0
4.
Other reasons for non-disclosure (total) 0
a. no records 0
b. referrals 0
c. request withdrawn 0
d. fee-related reason 0
e. records not reasonably described 0
f. not a proper FOIA request for some other reason 0
g. not an agency record 0
h. duplicate request 0
i. other 0
VII. COMPLIANCE WITH TIME LIMITS/STATUS OF PENDING
REQUESTS:
A. Median Processing Time
of Requests Processed during the Year.
1.
Simple Requests (if multiple tracks used):
a. Number of requests processed - N/A
b. Median number of days to process - N/A
2. Complex
Requests (specify for any and all tracks used):
a. Number of requests processed - N/A
b. Median number of days to process - N/A
3. Requests
Accorded Expedited Processing:
a. Number of requests processed - N/A
b. Median number of days to process - N/A
4. Single
Track System
a. Number of requests processed 330
b. Median number of days to process 30 calendar
days
B. Status of Pending Requests
(if multiple tracks are being used, report for each
track as well as totals).
1.
Number of requests pending as of the end of the fiscal
year covered in this report (from Line V.A.4) 33
2.
Median number of days that such requests were pending
as of that date 17 calendar days
VIII. COMPARISONS WITH PREVIOUS YEAR(S) (Optional):
IX. COSTS/FOIA STAFFING:
A. Staffing levels:
1.
Number of full-time FOIA personnel 2
2.
Number of personnel with part-time or occasional FOIA
duties (in total work-years) one person at .5 work-year
3.
Total number of personnel (in work-years) 2.5 work-years
B. Total costs (including staff
and all resources):
1.
FOIA processing (including appeals) $157,544.00
2. Litigation-related
activities (estimated) $.00
3. Total
costs $157,544.00
4. Comparison
with previous year(s) (including percentage of change)
(optional)
X. FEES:
A. Total amount of fees collected
by agency for processing requests: $1,604.00
B. Percentage of total costs:
1%
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