IV.  EXEMPTION 3 STATUTES,,,,
Statute,Type of Information Withheld,Case Citation,Number of Times Relied upon per Component,Total Number of Times Relied upon by Agency
18 U.S.C. § 2510 -20,Pen Register Information,"Raulerson v. Ashcroft, 271 F. Supp.2d 17 (D.D.C. 2002)",OIG - 1,1
41 U.S.C. § 253b(m),Technical proposal not incorporated into a final contract,"Hornbostel v. U.S. Dep’t. of Interior, 305 F.Supp.2d 21 (D.D.C. 2003)",OS - 2,17
,,,CDC – 5,
,,,PSC - 6,
,,,AHRQ – 1,
,,,SAMHSA - 3,
42 U.S.C. § 262a,Select Agent Information,None,OIG - 2,7
,,,CDC - 5,
42 U.S.C. § 242m(d) (Public Health Service Act § 308(d)),Identifiable  information for certain research and statistical activities,None,CDC - 2,2
42 U.S.C. § 300aa-12(d)(4)(A) ,Medical records presented to a Special Master in National Vaccine Injury Compensation Program court proceedings,"Diane and Craig Arpino on behalf of Joseph Craig Arpino, Somers Point, New Jersey, HRSA - Fed. Cl. Number 040005V",HRSA - 1,1
 42 U.S.C. § 11137 (b),Adverse reports of a health practitioner’s conduct,None,HRSA - 1,1
15 U.S.C. 1335a(b)(2)(A) Comprehensive Smoking Education Act of 1984,Cigarette additive information,None,CDC - 1,1
35 U.S.C. § 122,Information contained in a pending or otherwise non-issued patent application,"Irons and Sears v. Dann, 606 F. 2d 1215 (D.C. Cir. 1979); Leeds v. Quigg, 720 F. Supp. 193 (D.D.C. 1989)",NIH-1,1
5 U.S.C. § 574(j),Confidential communications with agency Ombudsman,None,NIH-1,1
21 U.S.C. §  331(j),Trade Secrets,"Anderson v. Department of Health & human Servs., 907 F.2d 936 (10th Cir. 1990)",FDA - 45,45
21 U.S.C. § 350d(a)(4),Food Registration Documents,None,FDA - 3,3


"V.A.  FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS",,,,
,Number of Requests Pending as of Start of Fiscal Year,Number of Requests Received in Fiscal Year,Number of Requests Processed in Fiscal Year,Number of Requests Pending as of End of Fiscal Year
OS     ,668,"1,018",964,722
ACF     ,[1]432,467,177,722
AOA     ,1,10,11,0
CMS     ,"10,477","32,541","32,706","10,312"
OIG       ,15,419,410,24
OPHS/PSC,[2]315,566,664,217
AHRQ   ,5,72,68,9
CDC        ,586,"1,272","1,370",488
FDA     ,"6,568","10,337","12,087","4,818"
HRSA       ,26,338,334,30
IHS          ,49,97,115,31,,,,,,,,,
NIH            ,[3]151,"1,270","1,306",115,,,,,,,,,
SAMHSA    ,51,157,125,83,,,,,,,,,
HHS Total,"19,344","48,564","50,337","17,571",,,,,,,,,


[1]   The ACF reported 556 pending requests last year; inaccuracies were identified while implementing new FOIA system.,,,,,,,,,,,,,

[2] The OPHS reported 296 pending requests last year; inaccuracies were identified while implementing new FOIA system.,,,,,,,,,,,,,

[3] The NIH reported 152 pending requests last year; one (1) inaccuracy was identified this year.,,,,,,,,,,,,,


 V.B.(1) Disposition of all FOIA Requests – All Processed Requests,,,,,,,,,,,,,
,Number of Full Grants ,Number of Partial Grants/ Partial Denials,Number of Full Denials Based on Exemptions,                  Number of Full Denials Based on Reasons Other than Exemptions  ,,,,,,,,,
,,,,No Records,All Records Referred to Another Component  or Agency,Request Withdrawn,Fee-Related Reason,Records not Reasonably Described,Improper FOIA Request for Other Reason,Not Agency Record,Duplicate Request,Other *Explain in chart below”,   TOTAL
OS  ,119,109,17,12,640,11,8,4,27,13,4,0,964
ACF,3,116,0,2,15,1,1,0,0,0,23,16,177
AOA,6,1,0,2,2,0,0,0,0,0,0,0,11
CMS,"26,390",55,"1,301","2,160",466,565,125,119,"1,206",0,1,318,"32,706"
OIG,111,66,35,85,27,30,4,2,13,26,6,5,410
OPHS/PSC,180,146,8,64,61,133,0,12,17,2,4,37,664
AHRQ,22,20,1,9,7,4,0,1,1,3,0,0,68
CDC,337,250,16,341,62,183,50,37,15,14,32,33,"1,370"
FDA,"8,592",135,111,934,36,"1,158",228,14,129,3,216,531,"12,087"
HRSA,276,27,2,14,5,4,3,0,0,3,0,0,334
IHS,7,32,4,8,2,2,0,0,5,2,2,51,115
NIH,831,103,6,125,12,142,44,22,6,11,4,0,"1,306"
SAMHSA,5,99,3,8,0,3,2,2,0,0,3,0,125
HHS Total,"36,879","1,159","1,504","3,764","1,335","2,236",465,213,"1,419",77,295,991,"50,337"


"V.B.(2). DISPOSITION OF FOIA REQUESTS -- ""OTHER"" REASONS FOR ""FULL DENIALS ",,
"BASED ON REASONS OTHER THAN EXEMPTIONS""",,
Component,Description of “Other” Reasons for Denials from Chart B (1) & Number of Times Those Reasons Were Relied upon,TOTAL
OS,N/A,0
ACF,Closed under the Privacy Act,16
AOA,N/A,0
CMS,Administrative Closures,318
OIG,Records  on OIG Webpage,1
,No response from Requester,4
OPHS/PSC,No response from Requester,37
AHRQ,N/A,0
CDC,Not Perfected,33
FDA,Available on internet,531
HRSA,N/A,0
IHS,No response from Requester,51
NIH,N/A,0
SAMHSA,N/A,0,,,,,,,,,,,,
HHS Total,,991,,,,,,,,,,,,


V.B.(3).  DISPOSITION OF FOIA REQUESTS - NUMBER OF TIMES EXEMPTIONS APPLIED  ,,,,,,,,,,,,,,
,Ex. 1 ,Ex. 2,Ex. 3,Ex. 4,Ex. 5,Ex. 6,Ex. 7(A) ,Ex. 7(B) ,Ex. 7(C) ,Ex. 7(D) ,Ex. 7(E) ,Ex. 7(F) ,Ex. 8 ,Ex. 9 
OS,0,14,2,21,47,71,37,1,51,2,2,0,0,0
ACF,0,0,0,15,35,,0,0,0,0,0,0,0,0
AOA,0,0,0,1,0,1,0,0,0,0,0,0,0,0
CMS,0,1,0,1,9,"1,349",1,0,5,0,0,0,0,0
OIG,0,20,3,13,33,58,29,0,32,1,15,0,0,0
OPHS/PSC,0,6,7,46,17,92,4,0,5,0,0,0,0,0
AHRQ,0,0,1,14,5,13,0,0,0,0,0,0,0,0
CDC,0,64,13,122,54,143,17,0,0,0,0,0,0,0
FDA,0,4,48,126,15,32,111,0,12,1,3,0,0,0
HRSA,0,1,2,18,5,12,0,0,0,0,0,0,0,0
IHS,0,0,0,11,7,18,0,0,0,0,0,0,0,0
NIH,0,1,2,14,31,49,0,0,11,1,0,0,0,0
SAMHSA,0,0,3,18,4,75,0,0,0,0,0,0,0,0
HHS Total,0,111,81,420,262,"2,046",199,1,116,5,20,0,0,0


VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS -- ,,,,,,,,,,,,,,
"RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS",,,,,,,,,,,,,,
,Number of Appeals Pending as of Start of Fiscal Year ,Number of Appeals Received in Fiscal Year ,Number of Appeals Processed in Fiscal Year ,Number of Appeals Pending as of End of Fiscal Year ,,,,,,,,,,
OS,316,153,170,299,,,,,,,,,,
CMS,147,7,4,150,,,,,,,,,,
HHS Total,463,160,174,449,,,,,,,,,,


VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS,,,,,,,,,,,,,,
,Number Affirmed on Appeal ,Number Partially Affirmed & Partially Reversed/Remanded on Appeal ,Number Completely Reversed/Remanded on Appeal ,Number of Appeals Closed for Other Reasons ,TOTAL ,,,,,,,,,
OS,51,4,5,110,170,,,,,,,,,
CMS,0,1,0,3,4,,,,,,,,,
HHS Total,51,5,5,113,174,,,,,,,,,


VI.C(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED,,,,,,,,,,,,,,
,Ex. 1 ,Ex. 2,Ex. 3,Ex. 4,Ex. 5,Ex. 6,Ex. 7(A) ,Ex. 7(B) ,Ex. 7(C) ,Ex. 7(D) ,Ex. 7(E) ,Ex. 7(F) ,Ex. 8 ,Ex. 9 
OS,0,0,0,1,4,8,3,0,3,0,0,0,0,0
CMS,0,0,0,0,0,,0,0,0,0,0,0,0,0
HHS Total,0,0,0,1,4,9,3,0,3,0,0,0,0,0


VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS,,,,,,,,,,,,,,
No Records,No Records,Records Referred at Initial Request Level,Request Withdrawn,Fee-Related  Reason,Records Not Reasonably Described,Improper Request For Other Reasons,Not Agency Record,Duplicate Request Or Appeal,Request In Litigation, Appeal Based Solely on Denial of Request For Expedited Processing,Other Explain  in Chart Below,,,
OS,4,1,22,2,0,2,0,0,0,5,74,,,
CMS,0,0,0,0,0,,0,0,0,0,3,,,
HHS Total,4,1,22,2,0,2,0,0,0,0,77


"VI.C.(3). REASONS FOR DENIAL ON APPEAL -- ""OTHER"" REASONS",,,,,,,,,,,
,Description of “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied upon ,TOTAL ,,,,,,,,,
OS,"Administratively closed, requester did not respond/express continued interest in the records requested",74,,,,,,,,,
CMS,Administrative Closures,3,,,,,,,,,
HHS Total,Administrative Closures,77,,,,,,,,,


VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS,,,,,,,,,,,
,Median Number of Days,Average Number of Days ,Lowest Number of Days ,Highest Number of Days ,,,,,,,
OS,231,309,1,973,,,,,,,
CMS,329,"1,054",54,"3,505",,,,,,,
HHS Overall,289,650,1,"3,505",,,,,,,


VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS,,,,,,,,,,,,
,,10th Oldest Appeal,9th,8th,7th,6th,5th,4th,3rd,2nd,Oldest Appeal,
OS,Date of Receipt of Ten Oldest Appeals,8/31/2004,7/30/2004,7/1/2003,5/20/2003,2/11/2003,12/3/2002,10/25/2002,10/31/2001,8/15/2001,4/28/2000,
,Number of  Days Pending,"1,023",1.043,"1,314","1,341",,"1,602","1,624","1,629","1,659","1,980",
CMS,Date of Receipt of Ten Oldest Appeals,1/3/2000,12/29/1999,11/22/1999,11/13/1999,5/7/1999,4/14/1999,3/29/1996,4/6/1995,2/26/1995,6/23/1994,
,Number of  Days Pending,"2,455","2,458","2,484","2,490","2,620","2,636","3,402","3,650","3,678","3,848",
HHS Overall,Date of Receipt of Ten Oldest Appeals,1/3/2000,12/29/1999,11/22/1999,11/13/1999,5/7/1999,4/14/1999,3/29/1996,4/6/1995,2/26/1995,6/23/1994,
,Number of  Days Pending,"2,455","2,458","2,484","2,490","2,620","2,636","3,402","3,650","3,678","3,848",


VII. A  FOIA REQUESTS: RESPONSE TIME FOR PROCESSED PERFECTED REQUESTS,,,,,,,,,,,,
,                    SIMPLE       ,,,,                     COMPLEX,,,,     EXPEDITED PROCESSING,,,
[1],Median Number of Days,Average Number of Days,Lowest Number of Days,Highest Number of Days,Median Number of Days,Average Number of Days,Lowest Number of Days,Highest Number of Days,Median Number of Days,Average Number of Days,Lowest Number of Days,Highest Number of Days
OS [2],0,0,0,0,217,,1,"1,754",0,0,0,0
ACF,108,145,1,310,261,278,1,566,0,0,0,0
AOA,0,0,0,0,4,5,1,15,0,0,0,0
CMS,10,17,1,"1,431",250,415,1,"2,273",262,243,48,573
OIG,1,4,1,21,41,51,1,190,1,1,1,1
OPHS,24,100,0,751,153,220,18,862,8,7,0,13
AHRQ,0,12,1,30,0,13,10,35,25,25,25,25
CDC,16,49,0,652,27,84,0,681,2,1.5,1,2
FDA,10,95,1,"1,250",293,316,1,"1,420",171,254,40,635
HRSA2,0,0,0,0,15,17,1,174,0,0,0,0
HIS,12,14,3,24,52,90,34,141,13,10,5,32
NIH2,0,0,0,0,16,31,1,801,0,0,0,0
SAMHSA,12,20,0,30,68,75,12,180,0,0,0,0
HHS Overall,19,46,0,"1,431",107,141,0,"2,272",37,54,0,635


[1] Some numbers based on estimates.,,,,,,,,,,,,
[2] Uses single-track log.,,,,,,,,,,,,


VII. B  Processed Requests -  Response Time for Perfected Requests in Which Information Was Granted,,,,,,,,,,,,
,                    SIMPLE       ,,,,                     COMPLEX,,,,     EXPEDITED PROCESSING,,,
[1],Median Number of Days,Average Number of Days,Lowest Number of Days,Highest Number of Days,Median Number of Days,Average Number of Days,Lowest Number of Days,Highest Number of Days,Median Number of Days,Average Number of Days,Lowest Number of Days,Highest Number
OS[2],0,0,0,0,209,,1,"1,646",0,0,0,0
ACF,54,137,1,370,81,145,1,534,0,0,0,0
AOA,0,0,0,0,4,5,1,15,0,0,0,0
CMS,12,19,1,"1,431",308,489,1,"5,496",143,243,48,573
OIG,1,4,0,20,41,50,1,190,0,0,0,0
OPHS/PSC,20,90,0,751,153,222,18,862,0,0,0,0
AHRQ,0,12,1,30,0,13,10,35,25,15,10,25
CDC,19,45,0,609,38,97,0,681,0,0,0,0
FDA,10,95,1,1250,295,317,1,"1,420",171,254,40,635
HRSA1,0,0,0,0,15,17,1,174,0,0,0,0
IHS,14,42,15,45,32,35,20,130,0,0,0,0
NIH1,0,0,0,0,16,38,1,802,0,0,0,0,,
SAMHSA,10,20,0,30,68,75,12,180,0,0,0,0,,
HHS Overall,13,46,0,"1,431",97,132,1,"5,496",33,51,0,635,,


[1] Some numbers based on estimates.,,,,,,,,,,,,,,
[2] Uses single-track log.,,,,,,,,,,,,,,


VII. C. (1) Processed Requests – Response Time in Day Increments,,,,,,,,,,,,,,
Simple Requests,,,,,,,,,,,,,,
,1–20 Days,21 – 40 Days,41 – 60 Days,61 – 80 Days,81- 100 Days,101-120 Days,121-140 Days,141-160 Days,161-180 Days,181-200 Days,201-300 Days,301-400 Days,401+ Days,TOTAL
OS[1],0,0,0,0,0,,0,0,0,0,0,0,0,0
ACF,52,11,5,0,4,5,1,0,2,32,16,32,2,133
AOA1,0,0,0,0,0,0,0,0,0,0,0,0,0,0
CMS,"27,310","2,371",681,323,165,145,76,34,35,49,45,50,35,"31,319"
OIG,329,3,0,0,0,0,0,0,0,0,0,0,0,332
OPHS/PSC,272,64,34,26,12,14,10,11,13,9,56,28,36,585
AHRQ,46,22,0,0,0,0,0,0,0,0,0,0,0,68
CDC,103,40,7,6,4,4,30,0,0,0,0,2,8,178
FDA,397,434,395,600,521,447,406,520,444,312,"1,578",312,"1,015","7,381"
HRSA1,0,0,0,0,0,0,0,0,0,0,0,0,0,0
IHS,55,10,12,3,0,0,0,3,0,0,0,0,0,83
NIH1,0,0,0,0,0,0,0,0,0,0,0,0,0,0
SAMHSA,10,18,10,200,0,0,0,0,0,0,0,0,0,58
HHS Overall,"28,574","2,973","1,144",978,706,615,496,568,494,373,"1,695",424,"1,096","40,136"


[1] Uses single-track log.,,,,,,,,,,,,,,


VII. C. (2) Processed Requests – Response Time  ,,,,,,,,,,,,,,
Complex Requests,,,,,,,,,,,,,,
,1–20 Days,21 – 40 Days,41 – 60 Days,61 – 80 Days,81- 100 Days,101-120 Days,121-140 Days,141-160 Days,161-180 Days,181-200 Days,201-300 Days,301-400 Days,401+ Days,TOTAL
OS,640,54,12,18,11,,13,4,6,4,13,12,162,964
ACF,7,9,1,4,2,1,1,1,0,3,2,6,4,44
AOA,11,0,0,0,0,0,0,0,0,0,0,0,0,11
CMS,287,117,74,44,57,43,56,65,47,32,164,93,289,"1,368"
OIG,9,28,18,8,6,4,1,2,0,1,0,0,0,77
OPHS/PSC,1,10,11,3,5,5,1,4,3,3,15,7,11,79
AHRQ,5,2,0,0,0,0,0,0,0,0,0,0,0,7
CDC,271,257,77,74,73,46,27,36,65,28,54,63,46,"1,117"
FDA,39,85,109,208,111,112,124,147,133,114,637,414,"2,454","4,687"
HRSA,264,47,9,10,2,1,0,0,1,0,0,0,0,334
IHS,0,0,5,2,5,4,3,4,4,2,0,0,0,29
NIH,41,731,251,47,21,19,18,11,4,21,28,8,9,"1,306"
SAMHSA,13,16,5,0,2,3,0,0,0,0,8,10,10,67
HHS Total,"2,319",876,418,418,295,253,244,274,263,208,924,613,"2,985","10,090"


VII. C. (3) Processed Requests – Response Time  ,,,,,,,,,,,,,,
Requests Granted Expedited Processing,,,,,,,,,,,,,,
,1–20 Days,21 – 40 Days,41 – 60 Days,61 – 80 Days,81- 100 Days,101-120 Days,121-140 Days,141-160 Days,161-180 Days,181-200 Days,201-300 Days,301-400 Days,401+ Days,TOTAL
OS,0,0,0,0,0,,0,0,0,0,0,0,0,0
ACF,0,0,0,0,0,0,0,0,0,0,0,0,0,0
AOA,0,0,0,0,0,0,0,0,0,0,0,0,0,0
CMS,4,1,1,1,2,1,0,2,1,0,2,2,2,19
OIG,1,0,0,0,0,0,0,0,0,0,0,0,0,1
OPHS/PSC,0,0,0,0,0,0,0,0,0,0,0,0,0,0
AHRQ,0,1,0,0,0,0,0,0,0,0,0,0,0,1
CDC,1,1,0,0,0,0,0,0,0,0,0,0,0,2
FDA,0,0,0,0,0,0,0,1,0,0,1,1,1,4
HRSA,0,0,0,0,0,0,0,0,0,0,0,0,0,0
IHS,1,2,1,0,0,0,0,0,0,0,0,0,0,4
NIH,0,0,0,0,0,0,0,0,0,0,0,0,0,0
SAMHSA,0,0,0,0,0,0,0,0,0,0,0,0,0,0
HHS Total,7,5,2,1,2,1,0,3,1,0,3,3,3,31


VII.D.  PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS,,,,,,,,,,,,,,
,Simple,,,Complex,,,Expedited Processing,,,,,,,
[1],Number Pending,Median Number Of Days,Average Number Of Days,Number Pending,Median Number Of Days,Average Number Of Days,Number Pending,Median Number Of Days,Average Number Of Days,,,,,
OS[2],0,0,0,722,105,,0,0,0,,,,,
ACF,533,88,145,178,73,182,0,0,0,,,,,
AOA,0,0,0,0,0,0,0,0,0,,,,,
CMS,"2,293",10,42,"8,007",596,657,12,484,520,,,,,
OIG,1,2,2,23,41,100,0,0,0,,,,,
OPHS,24,230,66,176,230,267,0,0,0,,,,,
AHRQ,0,0,0,5,0,10,0,0,0,,,,,
CDC,10,528,418,469,84,161,4,102,103,,,,,
FDA,677,70,163,"4,121",189,231,0,0,0,
HRSA2,0,0,0,30,20,12,0,0,0,
IHS,9,31,90,22,275,372,0,0,0,
NIH2,0,0,0,115,31,77,0,0,0,
SAMHSA,0,0,0,783,191,198,0,0,0,
HHS Total,"3,547",95,93,"13,951",141,183,16,58,62,


[1] Some numbers based on estimates.,,,,,,,,,,
[2] Uses single-track log.,,,,,,,,,,


VII.E.  PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS,,,,,,,,,,
,10th Oldest Request And Number of Days Pending,9th,       8th              ,7th,6th,5th,4th,3rd  ,2nd,Oldest Request And Number of Days Pending
OS,11/14/2002,11/4/2002,10/1/2002,9/26/2002,9/16/2002,9/11/2002,9/5/2002,9/4/2002,8/7/2002,6/5/2002
,"1,458","1,466","1,488","1,492","1,494",,"1,502","1,503","1,521","1,560"
ACF,4/5/2007,4/5/2007,4/4/2007,4/4/2007,4/4/2007,4/4/2007,4/4/2007,4/4/2007,4/2/2007,1/19/2007
,825,825,826,826,826,826,826,826,828,873
AOA,0,0,0,0,0,0,0,0,0,0
CMS,4/24/2001,4/11/2001,2/23/2001,2/13/2001,1/31/2001,1/23/2001,1/8/2001,12/11/2000,11/30/2000,10/27/2000
,"2,125","2,134","2,167","2,174","2,184","2,188","2,199","2,218","2,226","2,249"
OIG,5/13/2009,4/16/2009,4/14/2009,4/8/2009,3/24/2009,2/24/2009,2/19/2009,1/21/2009,9/4/2008,6/13/2008
,100,119,121,125,136,156,159,180,279,338
OPHS/PSC,7/11/2007,6/18/2007,5/15/2007,5/15/2007,5/15/2007,3/16/2007,0/07/07,2/1/2007,1/18/2007,1/18/2007
,580,597,621,621,621,663,690,694,704,704
AHRQ,0,9/25/2009,9/22/2009,9/25/2009,9/23/2009,9/18/2009,9/17/2009,9/15/2009,9/14/2009,9/4/2009
,,3,5,7,9,12,13,15,16,22
CDC,1/17/2007,1/16/2007,1/8/2007,11/30/2006,11/27/2006,11/24/2006,10/24/2006,10/19/2006,10/3/2006,10/2/2006
,681,682,687,712,715,716,737,740,751,752
FDA,4/18/2005,3/11/2005,2/4/2005,1/26/2005,1/24/2005,1/12/2005,9/17/2004,9/7/2004,4/27/2004,4/6/2004
,"1,117","1,143","1,167","1,174","1,176","1,183","1,261",1269,"1,361","1,375"
HRSA, 9/10/09,9/10/2009, 9/9/09,  9/3/09, 9/2/09,8/28/2009,8/17/2009,   8/5/09, 7/31/09,    7/8/09
,14,14,15,20,21,26,35,42,45,60
IHS,3/10/2009,2/18/2009,1/8/2009,12/22/2008,12/17/2008,11/25/2008,11/20/2008,11/20/2008,11/4/2008,10/8/2008
,201,220,263,279,284,306,311,311,326,372
NIH,1/21/2009,1/2/2009,11/6/2008,8/25/2008,5/21/2008,2/20/2008,8/17/2008,6/4/2007,6/15/2006,4/2/2006
,177,189,226,277,343,408,533,586,828,880
SAMHSA,9/2/2009,9/2/2009,7/7/2009,7/11/2009,7/14/2009,3/18/2009,9/28/2008,9/23/2008,9/9/2008,8/26/2008
,20,20,43,47,49,114,252,257,267,277
HHS Total,4/24/2001,4/11/2001,2/23/2001,2/13/2001,1/31/2001,1/23/2001,1/8/2001,12/11/2000,11/30/2000,10/27/2000
,"2,125","2,134","2,167","2,174","2,184","2,188","2,199","2,218","2,226","2,249"


VIII.A. REQUESTS FOR EXPEDITED PROCESSING,,,,,,,,,,
,Number Granted,Number Denied,Median Number of Days to Adjudicate,Average Number of Days to Adjudicate,Number Adjudicated Within Ten Calendar Days,,,,,
OS,0,6,6,10,5,,,,,
ACF,0,0,0,0,0,,,,,
AOA,0,0,0,0,0,,,,,
CMS,15,5,20,35,11
OIG,0,3,1,10,2
OPHS/PSC,0,6,2,3,5
AHRQ,1,0,0,0,1
CDC,2,33,0,0,35
FDA,2,122,23,41.3,40
HRSA,0,3,4,13,2
IHS,2,0,13,33,14
NIH,0,0,0,0,0
SAMHSA,0,0,0,0,0
HHS Total,22,178,11,24,115


VIII.B. REQUESTS FOR FEE WAIVER,,,,,
,Number Granted,Number Denied,Median Number of Days to Adjudicate,Average Number of Days to Adjudicate,
OS,0,0,0,0,
ACF,0,0,0,0
AOA,0,0,0,0
CMS,0,8,84,90
OIG,2,8,4,2
OPHS/PSC,0,4,3,5
AHRQ,3,0,20,20
CDC,1,7,0,0
FDA,273,27,7,21
HRSA,0,1,19,19
IHS,1,0,10,10
NIH,0,1,29,29
SAMHSA,0,0,0,0
HHS Total,280,56,7,21


IX. FOIA PERSONNEL AND COSTS,,,,
,Number of “Full-Time FOIA Employees”,Number of “Equivalent Full-Time  FOIA Employees”,Total Number of Full-Time  FOIA Staff ,Processing Costs,Litigation-Related Costs,Total Costs
OS,6,0,6,"480,300","505,706","986,006"
ACF,3,1.5,4.5,"307,206","22,500",
AOA,0,0.04,0.04,"2,576",0,"2,576"
CMS,54,13,67,"2,244,272","201,686","2,445,958"
OIG,3,1,4,"83,000","5,500","88,500"
OPHS,5,1.9,6.9,"924,500","1,600","926,100"
AHRQ,1,0,1,"52,157",0,"52,157"
CDC,11,1,12,"1,040,856",0,"1,040,856"
FDA,94,30.4,124.4,"21,106,261","359,147","21,465,408"
HRSA,2,1.5,3.5,"374,338",0,"374,338"
HIS,1,2.3,3.3,"276,180",0,"276,180"
NIH,16,14,30,"3,005,078","9,494","3,014,572"
SAMHSA,1,0.5,1.5,"150,000",0,"150,000"
HHS Total,197,67.14,264.14,"30,046,724","1,105,633","31,152,357"


X. FEES COLLECTED FOR PROCESSING REQUESTS,,
,Total Amount of Fees Collected,Percentage of Total Costs
OS,"1,240",0.10%
ACF[1],0,0.00%
AOA,0,0.00%
CMS,"381,886",15.60%
OIG,"1,385",1.60%
OPHS/PSC,414,0.00%
AHRQ,284,0.50%
CDC,"33,434",3.20%
FDA,"388,084",1.80%
HRSA,"3,731",1.00%
IHS,"1,050",0.40%
NIH,"40,963",1.40%
SAMHSA,873,0.60%
HHS Total,"853,344",2.70%


[1] The ACF has temporarily suspended fee collections.,,


XII.A  BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS,,
,Number of Backlogged Requests as of End of Fiscal Year ,Number of Backlogged Appeals as of End of Fiscal Year 
OS,722,299
ACF,699,N/A
AOA,0,N/A
CMS,"10,312",150
OIG,21,N/A
OPHS/PSC,196,N/A
AHRQ,0,N/A
CDC,488,N/A
FDA,"4,818",N/A,,
HRSA,30,N/A,,
IHS,31,N/A,,
NIH,70,N/A,,
SAMHSA,83,N/A,,
HHS Total,"17,470",449,,


"XII.B.  CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING CONSULTATIONS",,,,
,Number of Consultations Received from Other Agencies that Were Pending at Your Agency as of Start of the Fiscal Year,Number of Consultations Received from Other Agencies During the Fiscal Year,Number of Consultations Received from Other Agencies that Were Processed by Your Agency During the Fiscal Year,Number of Consultations Received from Other Agencies that Were Pending at Your Agency as of End of the Fiscal Year
OS,0,0,0,0
ACF,0,0,0,0
AOA,0,0,0,0
CMS,0,0,0,0
OIG,0,0,0,0
OPHS/PSC,0,0,0,0
AHRQ,0,1,1,0,,,,,,
CDC,0,0,0,0,,,,,,
FDA,0,13,13,0,,,,,,
HRSA,0,0,0,0,,,,,,
HIS,0,0,0,0,,,,,,
NIH,0,1,0,1,,,,,,
SAMHSA,0,0,0,0,,,,,,
HHS Total,0,15,14,1,,,,,,


XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST PENDING CONSULTATIONS ,,,,,,,,,,
RECEIVED FROM OTHER AGENCIES,,,,,,,,,,
,10th Oldest Request And Number of Days Pending,9th,       8th              ,7th,6th,5th,4th,3rd  ,2nd,Oldest Request And Number of Days Pending
OS,0,0,0,0,0,,0,0,0,0
ACF,0,0,0,0,0,0,0,0,0,0
OAO,0,0,0,0,0,0,0,0,0,0
CMS,0,0,0,0,0,0,0,0,0,0
OIG,0,0,0,0,0,0,0,0,0,0
OPHS/PSC,0,0,0,0,0,0,0,0,0,0
AHRQ,0,0,0,0,0,0,0,0,0,0
CDC,0,0,0,0,0,0,0,0,0,0
FDA,0,0,0,0,0,0,0,0,0,0
HRSA,0,0,0,0,0,0,0,0,0,0
IHS,0,0,0,0,0,0,0,0,0,0
NIH,0,0,0,0,0,0,0,0,0,7/16/2009
,,,,,,,,,,53
SAMHSA,0,0,0,0,0,0,0,0,0,0
HHS Total,0,0,0,0,0,0,0,0,0,7/16/2009
,,,,,,,,,,53


XII.D. COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT --,,,,,,,,,,
RECEIVED AND PROCESSED REQUESTS,,,,
,Number of Requests Received,,Number of Requests Processed,
,Number Received During Fiscal Year from Last Year’s Annual Report,Number Received During Fiscal Year from Current Annual Report,Number Processed During Fiscal Year from Last Year’s Annual Report ,Number Processed During Fiscal Year from Current Annual Report
OS,882,"1,018","1,320",964
ACF,328,467,146,177
AOA,14,10,15,11
CMS,"43,792","32,541","41,260","32,706"
OIG,124,419,109,410
OPHS/PSC,474,566,321,664
AHRQ,61,72,63,68
CDC,"1,539","1,272","1,357","1,370"
FDA,"9,432","10,337","20,348","12,087"
HRSA,305,338,303,334
IHS,36,97,64,115
NIH,"1,146","1,270","1,165","1,306"
SAMHSA,157,133,107,125
HHS Total,"58,290","48,564","66,578","50,337"


XII.D. COMPARISON OF NUMBERS OF BACKLOGGED REQUESTS FROM,,,,
PREVIOUS AND CURRENT ANNUAL REPORT,,,,
,Number of Backlogged Requests as of End of the Fiscal Year from Previous Annual Report ,Number of Backlogged Requests  as of End of the Fiscal Year from Current Annual Report ,,
OS,686,722,,
ACF,408,699,,
AOA,1,0,,
CMS,"10,477","10,312",,
OIG,3,21,,
OPHS/PSC,292,196,,
AHRQ,0,0,,
CDC,586,488,,
FDA,"6,568","4,818",,
HRSA,28,30,,
IHS,49,31,,
NIH,([1])       100,70,,
SAMHSA,51,83,,
HHS Total,"19,249","17,470",,



([1])  NIH reported 100 backlogged requests last year; one inaccuracy was identified this year.,,,,


XII.E. COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- RECEIVED AND PROCESSED APPEALS,,,,
,Number of Appeals Received,,Number of Appeals Processed,
,Number Received During Fiscal Year from Last Year’s Annual Report,Number Received During Fiscal Year from Current Annual Report,Number Processed During Fiscal Year from Last Year’s Annual Report ,Number Processed During Fiscal Year from Current Annual Report
OS,163,153,97,170
CMS,36,7,273,4
HHS Total,199,160,370,174


XII.E. COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS,,
,Number of Backlogged Administrative Appeals as of End of the Fiscal Year from Previous Annual Report ,Number of Backlogged Administrative Appeals as of End of the Fiscal Year from Current Annual Report 
OS,316,299
CMS,147,150
HHS Total,463,449