Skip to main content


U.S. flag
      An official website of the United States government
              Here’s how you know
        Here’s how you knowDot gov**Official websites use .gov**
                 A **.gov** website belongs to an official government organization in the United States.
                  HTTPS**Secure .gov websites use HTTPS**
                 A **lock** (A locked padlock) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. 
  Menu Close
          Enter the terms you wish to search for.
    Search
        








  
  
    

  
      

                                      About HHS
    
                        
                              
      
      
      Programs & Services
    
                        
                              
      
      
      Grants & Contracts
    
                        
                              
      
      
      Laws & Regulations Breadcrumb
    Home
                              FOIA (Freedom of Information Act)
                              Statutes and Resources
                              HHS Chief FOIA Officer Report
                              2018 Chief FOIA Officer Report - Section 3
 Navigate to:
  Freedom of Information Act
                                            
            
            Submit & Check Status of FOIA Requests
    
                                                  
                              
            
      
      
      
      FOIA Contacts & Requester Service Centers and Privacy Act Contacts
    
                                                                
                                                    
            
      
      
      
      HHS FOIA Reports
                          
            
            Annual Reports
    
                                                  
                              
            
      
      
      
      Quarterly Reports
    
                                                  
                              
            
      
      
      
      Chief FOIA Officer Report
    
                                                  
                              
            
      
      
      
      Open Pending FOIA Request Reports
    
                                                                
                                                    
            
      
      
      
      FOIA Library / Electronic Reading Room
                          
            
            2016/2017 HHS Presidential Transition Documents
    
                                                  
                              
            
      
      
      
      FOIA Exemptions & Exclusions
    
                                                                
                                                    
            
      
      
      
      FOIA & Privacy Act Statutes & Resources
                          
            
            The Privacy Act
    
                                                  
                              
            
      
      
      
      HHS System of Records Notices (SORNs)
    
                                                  
                              
            
      
      
      
      HHS Computer Matching Agreements (CMAs)
    
                                                  
                              
            
      
      
      
      FOIA FAQS
    
                                                  
                              
            
      
      
      
      FOIA Appeals
    
                                                  
                              
            
      
      
      
      FOIA Fees
    
                                                  
                              
            
      
      
      
      COVID-19 ContractsText resize icon

                    




Section III:  Steps Taken to Increase Proactive Disclosures








  
  
    

  
      





The Department of Justice has long focused on the need for agencies to work proactively to post information online without waiting for individual requests to be received.

Please answer the following questions to describe the steps your agency has taken to increase the amount of material that is available on your agency websites. In addition to the questions below, you should also describe any additional steps taken by your agency to make and improve proactive disclosures of information.

1. **Provide examples of material that your agency has proactively disclosed during the past reporting year, including links to the posted material.**

HHS continues to employ a number of ways to identify records for online public disclosure. HHS OpDivs use the established threshold of three requests for the same information to identify records of substantial public interest, either by reviewing FOIA logs, manually tracking FOIA requests or from identifying requests for the same records from an electronic tracking system. In addition, information is gathered from program areas and offices about significant policy documents that may be candidates for proactive disclosure, and public affairs and communications staff provide input and suggestions for records they believe should be proactively disclosed to the public.

Please see the examples, listed below, of material that HHS has proactively disclosed during FY 2017.

HHS became the first Executive Branch entity to publish open/pending initial request data to the HHS FOIA website which the ASPA FOIA Division has updated on a quarterly basis throughout the year. The data provide a point in time forecast of future production performance by the HHS FOIA offices and enables the HHS OpDivs to identify and accurately assess the status of all open, pending requests and appropriately focus Department-wide resources and processing efforts:https://www.hhs.gov/foia/reports/pending/2017/index.html

CMS has proactively disclosed the following information:
	Frequently requested Public Use Files related to Marketplace enrollment:https://www.cms.gov/CCIIO/Resources/Data-Resources/marketplace-puf.html

CMS Medicare beneficiary chronic conditions data dashboards:https://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/Chronic-Conditions/CCDashboard.html

Data showing payments from drug and device companies to physicians and teaching hospitals for things like travel, research, gifts, speaking fees, meals; as well as any ownership interests that physicians or their immediate family members have in these companies:https://www.cms.gov/openpayments/

Medicare Part D opioid prescribing mapping interactive tool shows geographic comparisons, at the state, county, and ZIP code levels:https://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/Medicare-Provider-Charge-Data/OpioidMap.html

New information posted for the public and beneficiaries regarding CMS’s initiative to issue new Medicare cards that no longer contain patient Social Security Numbers:https://www.cms.gov/medicare/new-medicare-card/nmc-home.html

CDC has proactively disclosed the following information:
	2017 Health Security Brochurehttps://www.cdc.gov/about/report/index.html
		Press Materialshttps://www.cdc.gov/media/pressmaterials.html
		Morbidity and Mortality Weekly Report https://www.cdc.gov/mmwr/mmwr_wk/wk_pvol.html
		Health Alert Networkhttps://emergency.cdc.gov/han/dir.asp
		2017 Vaccine Price List https://www.cdc.gov/vaccines/programs/vfc/awardees/vaccine-management/price-list/archive.htmlFDA has proactively disclosed the following information:FAERs public dashboard, an interactive web-based tool that allows for the querying of FAERS data in a user friendly fashion. The intention of this tool is to expand access of FAERS data to the general public to search for information related to human adverse events reported to the FDA by the pharmaceutical industry, healthcare providers and consumers. See https://www.fda.gov/drugs/guidancecomplianceregulatoryinformation/surveillance/adversedrugeffects/ucm070093.htm.
	Data sets, such as http://govdashboard.fda.gov/, which relate to inspections, compliance and recalls. This dynamic online tool presents information in an easy-to-read graphical format. It provides access to the underlying data, allowing the public to see related data and trends. Users can also view, download and manipulate the data.
	Agency components continue to create web pages for specific issues of heightened consumer or media interest, to better inform the Agency’s constituency without requiring the submission of a FOIA request. For example, FDA has posted extensive information in the reporting period on such subjects as:Drug compounding:

http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/PharmacyCompounding/default.htm

http://www.fda.gov/AboutFDA/CentersOffices/OfficeofGlobalRegulatoryOperationsandPolicy/ORA/ORAElectronicReadingRoom/ucm384667.htm

http://www.fda.gov/AboutFDA/CentersOffices/OfficeofGlobalRegulatoryOperationsandPolicy/ORA/ORAElectronicReadingRoom/ucm431393.htm

http://www.fda.gov/aboutfda/centersoffices/officeofglobalregulatoryoperationsandpolicy/ora/oraelectronicreadingroom/ucm466693.htm

Food Safety http://www.fda.gov/Food/GuidanceRegulation/FSMA/default.htm

Compounding Pharmacy Inspections http://www.fda.gov/AboutFDA/CentersOffices/OfficeofGlobalRegulatoryOperationsandPolicy/ORA/ORAElectronicReadingRoom/ucm384667.htm

Use of Antimicrobials in Veterinary Practice http://www.fda.gov/AnimalVeterinary/SafetyHealth/AntimicrobialResistance/JudiciousUseofAntimicrobials/default.htm

Dietary Supplements http://www.fda.gov/aboutfda/transparency/basics/ucm193949.htm

Deeming of Tobacco Products http://www.fda.gov/TobaccoProducts/Labeling/ucm388395.htm

Flu Vaccine http://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/Post-MarketActivities/LotReleases/ucm454877.htm

FDA also continues to post the following records on a regular basis, among others:Weekly Enforcement reports http://www.fda.gov/safety/recalls/enforcementreports/default.htm

Recall information (http://www.fda.gov/Safety/Recalls/default.htm

Advisory Committee packages and transcripts http://www.fda.gov/advisorycommittees/default.htm

Budget records http://www.fda.gov/newsevents/testimony/ucm522392.htm

Import Refusals http://www.fda.gov/forindustry/importprogram/importrefusals/default.htm

International Arrangements http://www.fda.gov/internationalprograms/agreements/default.htm
Press Releases http://www.fda.gov/newsevents/newsroom/pressannouncements/default.htm

Tobacco Retailer Warning Letters http://www.fda.gov/iceci/enforcementactions/warningletters/tobacco/default.htm

Clinical Investigator Correspondence http://www.accessdata.fda.gov/scripts/sda/sdNavigation.cfm?sd=clinicalinvestigatorsdisqualificationproceedings

Warning Letters and responses http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/default.htm

Inspection records and firm responses http://www.fda.gov/aboutfda/centersoffices/officeofglobalregulatoryoperationsandpolicy/ora/oraelectronicreadingroom/default.htm

Inspection databases http://www.fda.gov/iceci/inspections/ucm222557.htm

FDA Track Updates (which includes tracking of FOIA metrics) http://www.fda.gov/aboutfda/transparency/track/default.htm

Post-Approval studies http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfpma/pma_pas.cfm

Consumer Advisories and Alerts for blood products and vaccines http://www.fda.gov/advisorycommittees/committeesmeetingmaterials/bloodvaccinesandotherbiologics/default.htm

HRSA has proactively disclosed the Uniform Data System (UDS) reports. These reports are submitted annual by Federally Qualified Community Health Centers (FQHCs) funded by HRSA, and consist of 14 highly-detailed tables that provide a standardized means of measuring a health center’s performance on an annual basis.https://bphc.hrsa.gov/datareporting/reporting/index.htmlNIH has proactively disclosed the following information:FOIA Logshttps://www.nih.gov/institutes-nih/nih-office-director/office-communications-public-liaison/freedom-information-act-office/nih-foia-log

Procurement-Related Informationhttps://www.nih.gov/institutes-nih/nih-office-director/office-communications-public-liaison/freedom-information-act-office/nih-procurements-purchases

IC Directors Meetings Highlightshttps://www.nih.gov/institutes-nih/nih-office-director/office-communications-public-liaison/freedom-information-act-office/selected-nih-ic-directors-meeting-highlights

Unpaid NIH FOIA Invoiceshttp://employees.nih.gov/pages/ocpl/foia/Requester.pdf

http://employees.nih.gov/pages/ocpl/foia/Organization.pdf

CSR Peer Review Noteshttps://www.csr.nih.gov/CSRPRP/2017/09/interview-with-dr-mike-lauer-director-nih-office-of-extramural-research/

CSR Advisory Council Information http://public.csr.nih.gov/aboutcsr/CSROrganization/Pages/CSRAC.aspx
	Study section information, rosters, and meetings dates http://public.csr.nih.gov/StudySections/Pages/default.aspxhttp://public.csr.nih.gov/RosterAndMeetings/Pages/default.aspx

CSR related journal articles http://public.csr.nih.gov/aboutcsr/NewsAndPublications/Pages/ScientificPublications.aspx
	News and feature articles about Fogarty’s programs and grantee successes, scientific publications etc.http://www.fic.nih.gov/News/

Weekly funding newsletter including items of interest to global health researchershttp://www.fic.nih.gov/Funding/News/
	Commentary and publications by Director http://www.fic.nih.gov/About/Pages/director.aspx
	Newly funded grants and awardshttp://www.fic.nih.gov/Grants/Search/Pages/search-grants.aspx

Additional global health research topic collections http://www.fic.nih.gov/ResearchTopics/Funded activities under the NCATS Clinical and Translational Science Awards (CTSA) Programhttps://ncats.nih.gov/files/ctsa-funding-information.pdf

NCATS Strategic Planhttps://ncats.nih.gov/strategicplan

NCATS Toolkit for Patient-Focused Therapy Developmenthttps://ncats.nih.gov/toolkit

Pre-Clinical Research Toolboxhttps://ncats.nih.gov/expertise/preclinical

Clinical Research Toolboxhttps://ncats.nih.gov/expertise/clinical

NCATS SMART IRB Reliance Platform information https://ncats.nih.gov/expertise/clinical/smartirbLicensing opportunitieshttps://ncats.nih.gov/alliances/licensing

NCATS Funding & Noticeshttps://ncats.nih.gov/funding

NCATS Releases and Announcementshttps://ncats.nih.gov/news/releases

NCATS Chemical Genomics Center resources https://ncats.nih.gov/ncgc/capabilities/resourcesBudget and Congressional Justificationhttps://ncats.nih.gov/about/center/budget

https://www.cancer.gov/research/key-initiatives/moonshot-cancer-initiative/implementation

October 20, 2016 and January 19, 2017 National Advisory Eye Council (NAEC)http://www.nlm.nih.gov/socialmedia/index.html

https://www.nhlbi.nih.gov/health/health-topics/topics/sca

Pneumoniahttps://www.nhlbi.nih.gov/health/health-topics/topics/pnu

LAMhttps://www.nhlbi.nih.gov/health/health-topics/topics/lam

COPD (English and Spanish)https://www.nhlbi.nih.gov/health/health-topics/topics/copd

https://www.nhlbi.nih.gov/health-spanish/health-topics/temas/copd

High Blood Pressure (English and Spanish)https://www.nhlbi.nih.gov/health/health-topics/topics/hbp

https://www.nhlbi.nih.gov/health/health-topics/topics/heart-healthy-lifestyle-changes

https://www.nhlbi.nih.gov/health-spanish/health-topics/temas/cambios-en-el-estilo-de-vida-saludables-para-el-coraz%C3%B3n

Aspirin to Prevent a First Heart Attack or Strokehttps://www.nhlbi.nih.gov/health/health-topics/topics/aspirin-prevent-first-heart-attack-or-strokeCPAPhttps://www.nhlbi.nih.gov/health/health-topics/topics/cpap

Sleep Studieshttps://www.nhlbi.nih.gov/health/health-topics/topics/slpst

Oxygen Therapyhttps://www.nhlbi.nih.gov/health/health-topics/topics/oxt

http://www.nhlbi.nih.gov/news/press-releases/

http://www.niaaa.nih.gov/about-niaaa/advisory-council

News Releaseshttps://www.niaid.nih.gov/news-events/newsroom

News from our Granteeshttps://www.niaid.nih.gov/news-events/niaid-funded-research-news

NIAMS Intramural Research Program researchers regularly deposit data into public datasets.http://www.rcsb.org/pdb/home/home.doElectron microscopy data bankhttp://www.emdatabank.org

https://www.ncbi.nlm.nih.gov/geo/query/acc.cgi?acc=GSE77656

NIBIB-funded science highlightshttp://www.nibib.nih.gov/news-events/newsroom

Funding opportunitieshttp://www.nibib.nih.gov/research-funding#quicktabs-funding_tabs=1

National Advisory Council for Biomedical Imaging and Bioengineering meeting agendas and meeting minuteshttp://www.nibib.nih.gov/about-nibib/advisory-councilNIBIB Congressional Justificationhttp://www.nibib.nih.gov/about-nibib/budget
	Repeat queries from the public are often added to NIDA’s FAQ page https://www.drugabuse.gov/frequently-asked-questions
	Initiatives under Consideration for Fundinghttps://www.nidcr.nih.gov/GrantsAndFunding/See_Funding_Opportunities_Sorted_By/ConceptClearance/CurrentCC/
	Meetings and proceedings of the NIDCR Advisory Councilhttps://www.nidcr.nih.gov/AboutUs/Councils/NADCRC/
	NIDCR Director’s Reports to the Advisory Council
	Funding Opportunity Announcementshttps://www.nidcr.nih.gov/AboutUs/Councils/NADCRC/DirectorsReport/default1.htm
	Yearly lists of total award amounts to S. Academic Institutions and Dental Schoolshttps://www.nidcr.nih.gov/grantsandfunding/NIDCR_Funding_to_US_Schools/AcademicInstitutions/https://www.nidcr.nih.gov/grantsandfunding/NIDCR_Funding_to_US_Schools/DentalSchools/
	NIH/NIDCR and grantee press releaseshttps://www.nidcr.nih.gov/research/ResearchResults/NewsReleases/
	NTP publishes the Report on Carcinogens (RoC), a congressionally mandated, science-based, public health document that the NTP prepared for the HHS Secretary.http://ntp.niehs.nih.gov/pubhealth/roc/roc13/index.html

Reports & Abstracts on Test Articles - NTP has the full text of hundreds of reports and abstracts available on test articles it has studied, and adds more regularly as they are finalized.http://ntp.niehs.nih.gov/results/pubs/index.htmlNTP Monographs - OHAT conducts literature-based evaluations that assess evidence on substances in our environment that may cause adverse health effects.http://ntp.niehs.nih.gov/pubhealth/hat/noms/index.htmlSummaries/Associations - NTP has put together sets of summaries and associations based on frequently asked questions by the public. http://ntp.niehs.nih.gov/results/summaries/index.htmlInitiatives - NTP initiatives are High Throughput Screening and Nanotechnology Safety Initiatives. http://ntp.niehs.nih.gov/results/hts/index.html http://ntp.niehs.nih.gov/results/nano/index.htmlhttps://loop.nigms.nih.gov/2017/04/a‐historical‐analysis‐of‐nigms‐early‐stage‐investigators-awardsand-funding/

In 2017, NIGMS also posted an executive summary regarding an evaluation of one of our scientific research programs https://wwwnigms.nih.gov/Research/specificareas/MIDAS/Documents/midas‐pdfhttps://www.nimh.nih.gov/news/science-news/2017/nimh-releases-strategic-research-priorities-update.shtml

Data Sharing Expectations for NIMH-funded Clinical Trials http://grants.nih.gov/grants/guide/notice-files/NOT-MH-14-015.html https://grants.nih.gov/grants/guide/rfa-files/RFA-MH-16-406.htmlFY 2017 Funding Strategy for Research Grants https://www.nimh.nih.gov/funding/grant-writing-and-application-process/fy-2017-funding-strategy-for-research-grants.shtmlNarcolepsy fact sheet in English (also prepared in e-Pub formats)https://catalog.ninds.nih.gov/ninds/facet/Health-Topics/term/Narcolepsy

Restless Legs Syndrome fact sheet in English (also prepared in e-Pub formats)https://catalog.ninds.nih.gov/ninds/facet/Health-Topics/term/Restless-Legs-Syndrome

http://www.nlm.nih.gov/socialmedia/index.html

OIG proactively discloses hundreds of reports and audits on its website annually.https://oig.hhs.gov/reports-and-publications/index.asp2. **Did your agency use any means to publicize or highlight important proactive disclosures for public awareness? If yes, please describe these efforts.**

The Department continues to actively use Facebook, Twitter, YouTube, Flickr, Pinterest and GooglePlus to communicate and disseminate information to the public. Some examples of HHS OpDiv initiatives are described below:

CMS has continued to utilize press releases and other existing outreach programs to let interested parties know when information has been proactively disclosed. Press materials and webpages are often structured around high-interest programs to share information.
	OIG uses a subscriber service to announce daily updates and important disclosures on its website.
	FDA uses social media, including Facebook and Twitter, posts high priority public information on the homepage of the agency website, uses a subscriber service for updates, and the Commissioner writes a blog on high visibility issues.
	IHS posts information on the agency homepage.
	NIH uses Facebook, Twitter, YouTube, Flicker, Google+, and Tumblr, in addition to E-newsletter’s and print publications.3. **Beyond posting new material, is your agency taking steps to make the posted information more useful to the public, especially to the community of individuals who regularly access your agency’s website?**

Yes. HHS continues its efforts to make more information available through mobile applications and increase its presence in social media; thereby expanding access to more useful information and data. In addition, the Department’s FOIA Offices continue to make their online content and navigation tools more user-friendly.

4. **If yes, please provide examples of such improvements.**

CMS is designing an interface to the “Blue Button API” to enable Medicare beneficiaries to connect their healthcare data to third-party applications they trust; putting the beneficiary in control of their own health data records. This improvement is more useful to the public, as approximately 80% of the FOIA requests received by CMS relate to beneficiary records.
	FDA is currently engaged in a redesign of its website, which should be completed in early 2018. FDA also has a mobile-friendly website, and makes many of its webpages available through subscriptions, which allows the public to receive automatic notifications by email when new Warning Letters are posted to the FDA website.
	IHS- Program Offices update new health initiatives or services for American Indians/Alaskan Natives on their homepage.
	NIH has translated materials into many different languages, and also provides some information in multiple formats, such as Excel and Adobe PDF.
	OIG uses Twitter, YouTube, Podcasts and Widgets to help ensure usability and access to its website.5. **If there are any other steps your agency has taken to improve proactive disclosures, please describe them here. For example, has your agency engaged requesters in determining how and what to post? Has your agency used web analytics to inform your proactive disclosures?**

The HHS FOIA Offices continue to work with requesters to explore new and improved ways to post online information. Some examples of these actions are described below:

CMS worked quickly to gather and complete the disclosure analysis on a very voluminous set of records in response to multiple requests for correspondence records between CMS and Representative Tom Price prior to his congressional nomination hearing for HHS Secretary. These records were cataloged, organized and posted online for the public at https://www.hhs.gov/foia/transition.html. Furthermore, in response to frequent annual requests for data related to Marketplace enrollment numbers for each new plan year, CMS is collecting and summarizing data into “weekly snapshots” that are posted on the CMS website to provide the public with a clear overview of enrollment numbers by state.
	IHS currently works with IT staff to develop proactive disclosures.NIH Office of Extramural Research provides information tools about grants on their website listed at https://report.nih.gov/. The Office of Extramural Research also offers NIH Regional Seminars on Program Funding and Grants Administration. In 2017, those meetings were in New Orleans (May 3-5, 2017) and Chicago, IL (October 26-28, 2017). These seminars are an educational opportunity to help PIs understand the fundamentals of the NIH grants process, including the electronic application process, award management, NIH peer review, finding the right funding opportunity, federal research policies, and pre-and post-award issues. These seminars provide an opportunity for feedback on the data that has been posted on the website.

Introduction
	**Section I**: Steps Taken to Apply the Presumption of Openness
	**Section II**: Steps Taken to Ensure that Your Agency Has an Effective System in Place for Responding to Requests
	**Section III**: Steps Taken to Increase Proactive Disclosures
	**Section IV**: Steps Taken to Greater Utilize Technology
	**Section V**: Steps Taken to Improve Timeliness in Responding to Requests and Reduce Backlogs
	Spotlight on Success

                    
  


Content created by Assistant Secretary for Public Affairs (ASPA) Content last reviewed March 12, 2018 Back to top
    Contact HHS
    
                        
                                            
      
      
      Careers
    
                        
                                            
      
      
      HHS FAQs
    
                        
                                            
      
      
      Nondiscrimination NoticeHHS Archive
    
                        
                                            
      
      
      Accessibility Statement
    
                        
                                            
      
      
      Privacy Policy
    
                        
                                            
      
      
      Viewers & PlayersBudget/Performance
    
                        
                                            
      
      
      Inspector General
    
                        
                                            
      
      
      Web Site Disclaimers
    
                        
                                            
      
      
      EEO/No Fear ActFOIA
    
                        
                                            
      
      
      The White House
    
                        
                                            
      
      
      USA.gov
    
                        
                                            
      
      
      Vulnerability Disclosure Policy
        Sign Up for Email Updates

Receive the latest updates from the Secretary, Blogs, and News Releases.

Sign Up
  HHS Headquarters
          200 Independence Avenue, S.W.
                  Washington, D.C. 20201
                  Toll Free Call Center: 1-877-696-6775​