DEPARTMENT OF HEALTH 8r HUMAN SERVICES

Off ice

the Secretary

Wash1

ton, D.C. 20201

Case No. 2005-0373RE January 24,2007

Sent by Federal Express Melanie Sloan Citizens for Responsibility and Ethics in Washington 1400 Eye Street, Suite 450 Washington, DC 20005 Dear Ms. Sloan: This is our second release' of records responsive to your January 1 1,2005, Fret om of Information Act (FOIA) request for the Department of Health and Human Serv es (HHS) contracts and contacts with public affairs firms from January 1, 200 1. Enclosed you will find approximately 3,266 pages. The pages originated in org, components in nine Office of the Secretary Staff Divisions and Operating Divi: including Administration on Aging (AOA) (approximately 200 pages), Admini for Children and Families (ACF) (approximately 403 pages), Centers for Disez and Prevention (CDC) (approximately 28 pages), Centers for Medicare and Me Services (CMS) (approximately 671 pages), Food and Drug Administration (FI (approxin~ately pages), Health Resources and Services Administration (HR 247 (approximately 3 19 pages), Office of the Assistant Secretary for Public Affairs (approximately 41 5 pages), Program Support Center (PSC) (approximately 262 and the Substance Abuse and Mental Health Services Administration (SAMHS (approximately 72 1 pages). I have determined to withhold minor portions of sc released pages under FOIA exemption (b)(4), (b) (5) and (b)(6). izational ms ration :Control caid i) A) )ages) le of the

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With this delivery, you have been provided all of the records located which are responsive to your request, except for the National Institutes of Health (NIH) re ~ r d s and some CMS records. We are reviewing the remaining CMS records and will pro de a
1 The initial release of approximately 2,708 pages was sent on November 16,2006. The pages four HHS Operating Divisions: Agency for Healthcare Research and Quality (AHRQ) (approxi pages), Centers for Disease Control and Prevention (approximately 1,324 pages), Centers for h Medicaid Services (approximately 1,160 pages), and the Health Resources and Services Admin (approximately 136 pages).

iginated in itely 88 jicare and :ration

response concerning these records as soon as possible. The NIH is currently rev!ewing its contract records and after it is done with its initial review, and this office concluhes its review, we will produce those contracts on a rolling basis. Exemption (b)(4) permits the withholding of commercial or financial information that was obtained ffom a person outside the government and that is privileged or confidentdid. The I/ material withheld includes contractor bank account information; provisional overhead and fringe cost rates; and indirect cost rates.
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Exemption (b)(5) permits the withholding of inter-and intra-agency records whidh are I/ predecisional, and in this case includes the deliberative process privilege. The records 11 withheld include draft material. Disclosure of such material would inhibit the open and candid expression of such views in similar future deliberations and have a detrimental effort on our decision making process. Exemption (b)(6) permits the withholding of personal privacy information. The information withheld includes employees' home telephone numbers, after work hours contact information and information about the employees' personal health status or vacation schedule). If you have reason to believe that the information withheld should disclosure, you may appeal. Your appeal should be mailed within of this letter, to the Deputy Assistant Secretary for Public Affairs (Media), US Department of Health and Human Services, 330 C Street, SW, Switzer Building, Washington, DC 20201. Clearly mark both letter "Freedom of Information Act Appeal."

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Robert Eckert Director FOIIPrivacy Acts Division Office of Public Affairs