Section III: Steps Taken to Increase Proactive Disclosures

Both the President - PDF and Attorney General - PDF 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.

Posting Material:

1. Does your agency have a distinct process or system in place to identify records for proactive disclosure? If so, please describe your agency’s process or system.

   Yes. The Department employs a number of ways to identify records for proactive disclosure. OpDivs frequently utilize a threshold of three to five requests for the same information to identify records of substantial public interest, either through manually tracking FOIA requests or from identifying requests for the same records from an electronic tracking system. Additionally, information is gathered from program areas and offices regarding significant policy documents that may be candidates for proactive disclosure. Public affairs and communications staff also provide input and suggestions regarding agency records that may be proactively disclosed.

2. Does your process or system involve any collaboration with agency staff outside the FOIA office? If so, describe this interaction.

   Yes. As referenced and described in the response above, interaction with and input from non-FOIA staff regarding agency records that should be proactively disclosed is a key part of the process. Some examples include working with agency contract and acquisition staff, to identify high visibility contracts that can be publicly released, after review and redaction by the FOIA staff. Regularly scheduled meetings with public affairs and public communications staff present opportunities to discuss topics for potential proactive disclosures.

3. Describe your agency’s process or system for identifying “frequently requested” records that should be posted online.

   OpDivs use a threshold of three to five requests for the same information to identify records of substantial public interest, either through manually tracking FOIA requests or from identifying requests for the same records from an electronic tracking system.

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

   ACF has posted information regarding unaccompanied children immigrating into the United States, and also posted a link to grants information:

   http://www.acf.hhs.gov/programs/orr/programs/ucs/state-by-state-uc-placed-sponsors

   http://www.acf.hhs.gov/unaccompanied-children-frequently-asked-questions

   https://www.acf.hhs.gov/sites/default/files/orr/unaccompanied_childrens_services_fact_sheet.pdf - PDF

   https://eclkc.ohs.acf.hhs.gov/hslc/grants/monitoring/intro-to-monitoring.html and listed links

   CDC’s reading room contains information concerning credit card holders and other information that is frequently requested, at the following link:

   http://www.cdc.gov/od/foia/signfoi.htm

   CMS publicly posts a wide variety of data, statistics and general information pertaining to Medicare and the Affordable Care Act, as referenced by some examples below:

   http://www.cms.gov/Regulations-and-Guidance/Legislation/FOIA/rdgroom.html

   http://www.cms.gov/CCIIO/Resources/Data-Resources/index.html

   http://www.cms.gov/Research-Statistics-Data-and-Systems/Research-Statistics-Data-and-Systems.html

   https://data.medicare.gov/

   http://www.cms.gov/openpayments/

   http://www.cms.gov/Regulations-and-Guidance/Regulations-and-Guidance.html

   FDA has a substantial internet presence, with databases, records, and other resources available to the public. FDA posts 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 last year on such subjects as:
   • Drug compounding http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/PharmacyCompounding/default.htm
   • Food Safety - http://www.fda.gov/Food/GuidanceRegulation/FSMA/default.htm
   • 2014 Ebola Outbreak in West Africa http://www.fda.gov/EmergencyPreparedness/Counterterrorism/MedicalCountermeasures/ucm410308.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
   • Deeming of Tobacco Products (http://www.fda.gov/TobaccoProducts/Labeling/ucm388395.htm)

   FDA also continues to post the following records, among others:

   • Weekly Enforcement reports

   • Recall information

   • Advisory Committee packages and transcripts

   • Budget records

   • Import Refusals

   • International Arrangements

   • Product Approvals

   • Press Releases

   • Tobacco Retailer Letters

   • Clinical Investigator Correspondence

   • Warning Letters and responses

   • Agendas, rosters, background packages, and minutes of Advisory Committee Meetings

   • Inspection records and firm responses

   • Inspection databases

   • Field Work Plans

   • Sample results

   • FDA Track Updates (which includes tracking of FOIA metrics)

   • Post-Approval studies

   • Consumer Advisories and Alerts for blood products and vaccines

     The IHS continues to post information on its website at http://www.ihs.gov/FOIA/index.cfm?module=dsp_foia_elec_read_room. The IHS FOIA office has consulted with several IHS program offices at the Headquarters level about adding links to their program sites on the FOIA website. Also, the IHS FOIA office has discussed with those program offices possible information that could be added to the Frequently Requested Records portion of the IHS FOIA staff site, as well as other links that would be helpful to the public.

     NIH has posted meeting materials, including minutes and presentations. Examples include:

   • Study Section Rosters and meeting dates: http://public.csr.nih.gov/StudySections/Pages/default.aspx; http://public.csr.nih.gov/RosterAndMeetings/Pages/default.aspx
   • The NIH Adherence Network Distinguished Speaker monthly webinar series presentation videos and slides: http://obssr.od.nih.gov/scientific_areas/health_behaviour/adherence/webinars.aspx
   • The monthly Health Distinguished Speaker webinar series presentation videos and slides: http://obssr.od.nih.gov/scientific_areas/methodology/mhealth/webinars.aspx
   • Behavioral and Social Sciences (BSSR) Lecture series videos, which are uploaded after the event: http://obssr.od.nih.gov/training_and_education/videocast/videocast.aspx#bss
   • 2014 Merial-NIH National Veterinary Scholars Symposium "One Health" Summary: https://dpcpsi.nih.gov/orip/cm/reports#2014
   • NCATS Advisory Council/CAN Review Board meeting agendas, minutes and videocasts: http://www.ncats.nih.gov/about/ncats-council/meetings/council-past-meetings.html
   • NCATS Advisory Council Subcommittees and Working Groups and reports: http://www.ncats.nih.gov/about/ncats-council/wgs/groups.html
   • Conclusions from the NEI Audacious Goals Initiative Working Group (February, 2014): www.nei.nih.gov/audacious/naecwg.asp
   • The National Advisory Council for Human Genome Research (NACHGR): http://www.genome.gov/10000905
   • Inter-Society Coordinating Committee for Physician Education in Genomics (ISCC) meeting; focused on the ISCC's current accomplishments, new collaborations with professional societies and industry, and the long-term sustainability of the ISCC: http://www.genome.gov/27557794
   • National Advisory Council on Aging: http://www.nia.nih.gov/research/blog/2014/02/save-date-may-21-2014-tune-nia-council-webcast
   • Community Epidemiology Work Group (CEWG) meeting reports: http://www.drugabuse.gov/about-nida/organization/workgroups-interest-groups-consortia/community-epidemiology-work-group-cewg/meeting-reports/area-reports-june-2014
   • National Advisory Mental Health Council and Director’s Reports: http://www.nimh.nih.gov/about/advisory-boards-and-groups/namhc/index.shtml
   • National Institute of Minority Health and Health Disparities Advisory Council: http://nimhd.nih.gov/about/advCouncil.html

     NIH also has posted the following information, data, images, and video:

   • GliomaScan Data: http://www.ncbi.nlm.nih.gov/projects/gap/cgi-bin/study.cgi?study_id=phs000652.v1.p1

   • Lung Cancer Among Never Smoking Asian Females Data: http://www.ncbi.nlm.nih.gov/projects/gap/cgi-bin/study.cgi?study_id=phs000716.v1.p1

   • Osteosarcoma Data: http://www.ncbi.nlm.nih.gov/projects/gap/cgi-bin/study.cgi?study_id=phs000734.v1.p1

   • Breast Cancer Study Data: http://www.ncbi.nlm.nih.gov/projects/gap/cgi-bin/study.cgi?study_id=phs000147.v2.p1

   • Pancreatic Cancer Study Data: http://www.ncbi.nlm.nih.gov/projects/gap/cgi-bin/study.cgi?study_id=phs000206.v4.p3

   • National Institute of Arthritis and Musculoskeletal and Skin Diseases Intramural Research Program data: http://www.ncbi.nlm.nih.gov/geo/query/acc.cgi?acc=GSE57253; http://www.ebi.ac.uk/pdbe/emdb/ ; http://www.ncbi.nlm.nih.gov/gds/?term=vahedi

   • Video related to end-of-life care options and end-of-life pain management: https://www.nia.nih.gov/health/end-of-life

   • The National Institute of Arthritis and Musculoskeletal and Skin Diseases added images related to the Osteoarthritis Initiative: https://niams-imaging.nci.nih.gov/ncia/login.jsf

   • Various materials related to the Brain Research through Advancing Innovative Neurotechnologies (BRAIN) Initiative including a dedicated website: http://www.braininitiative.nih.gov with links to other materials and resources.

   • Open comment period on the draft panel report from the 2014 NIH Pathways to Prevention workshop on the role of opioids in the treatment of chronic pain: https://prevention.nih.gov/programs-events/pathways-to-prevention/current-workshop/opioids-chronic-pain/public-comments

   • Questions and answers on the recently announced changes in NIH policy regarding the inclusion of both sexes in preclinical research: http://orwh.od.nih.gov/sexinscience/researchtrainingresources/q_a.asp

   • Clinical and Translational Science Center Working Group Report: http://www.ncats.nih.gov/about/ncats-council/wgs/ctsa-iom/ctsa-iom.html

   • Samples of National Cancer Institute behavioral research grant applications: http://cancercontrol.cancer.gov/brp/funding-sample-application.html

   • 13th Report on Carcinogens (RoC): http://ntp.niehs.nih.gov/pubhealth/roc/roc13/index.html

   • Interagency Autism Coordinating Committee public comments: http://iacc.hhs.gov/public-comment/index.shtml.

   • 2014 National Institute of Minority Health and Health Disparities Translational Health Disparities Course material: http://nimhd.nih.gov/2014_HDcourse.html

   • NIH Physician-Scientist Workforce Report 2014: http://report.nih.gov/Workforce/PSW/index.aspx

   • Developed and posted e-cigarette content in response to public interest, including video: (http://www.drugabuse.gov/videos/nida-tv-spotlight-electronic-cigarettes); and drug facts (http://www.drugabuse.gov/publications/drugfacts/electronic-cigarettes-e-cigarettes)

   Other Initiatives:

5. If there are any other steps your agency has taken to increase proactive disclosures, please describe them here.

   Proactive disclosure is an ongoing topic at the Department and is discussed at FOIA training sessions and with program staff who are charged with responding to FOIA requests.

• 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

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