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citizens .for.

respon~ibility
CREW I and ethics In washington

April 28, 20 11

Deputy Assistant Secretary for Public Affairs (Media)


U.S. Department of Health and Human Services
Mary E. Switzer Building
330 C Street , S.W.
Room 2206
Washington, D.C. 2020 1

Re : Freedom ofInformation Act Appeal, Case No . 20 11-0643GD

Dear Sir or Madam :

Citiz ens for Responsibility and Ethics in Washington (" CRE W") hereby appeals the
adequacy of the search conducted by the Departm ent of Health and Human Services ("HHS") in
response to our Freedom ofInformation Act ("FOIA") request of March 7, 2011, and the initial
determination to withhold portions of record s pur suant to FOIA Exemption 6.

CREW' s FOIA request (attached as Exhibit A), seeks any and all corre spondence from
January 1, 2000 to the present between Rep . Harold Rogers (R-KY), any member of his staff, or
any staff member of the House Appropriations Committee acting on behalf of Rep. Roger s, and
any employee of HH S' s Office of the Assistant Secretary for Legislation ("ASL") or the Office
of the Executive Secretary. CREW's request further seeks any and all respon ses by emplo yees of
ASL or the Offic e of the Executive Secretary to Rep . Rogers, his staff, or any House
Appropriations Committee staff member acting on his behalf during the same time period.

By letter dated April 14,2011 (attached as Exhibit B), Robert Eckert, Director of the
FOI/Privacy Act Div ision of the Office of Public Affairs: (1) notified CREW that ASL had
conducted a search and was unable to locate any responsive records; and (2) provided CREW
with 60 pages of records located by the Office of the Secretary, Executive Secretariat, but
withh eld portions of the reco rds pursuant to Exemption 6.

HHS Failed To Conduct An Adequate Search

Upon receipt of a properly submitted FOIA request, an agency must conduct a search that
is "reasonably calculated to unco ver all relevant documents. " Na t 'I Magazine v. U s.
Customs Serv., 71 F.3d 885 , 890 (D.C. Cir. 1995); see also Weisberg v. Us. Dep 't of Justice,
705 F.2d 1344, 1351 (D.C. Cir. 1983). The reaso nableness of an agency's search depends, in
part, on the scop e of the FOIA request and the requester 's description of the records sought. See,
e.g., 5 U.S.C . § 552(a)(3)(A). Moreo ver, agenci es have a duty to construe FOIA requests
liberall y. Judi cial Watch, Inc. v. Dep 't ofDef ense, 2006 U. S. Dist. LEXIS 4400 3, at * 11 (D.D.C.
2006).

1400 Eye Street, NW., Suite 450, Washington, D.C. 20005 I 202.408.5565 phone I 202.588.5020 fax I www.citizensforethics.org
Freedom of Information Act Appeal
April 28, 2011
Page 2

HHS does not appear to have conducted an adequate search of ASL. According to HHS,
ASL is responsible for the development and implementation ofHHS's legislative agenda. See
ASL Mission, HHS website (attached as Exhibit C). ASL facilitates communications between
HHS and Congress, informs Congress of HHS' s views, priorities, actions, grants, and contracts,
and acts as HHS' s liaison with members of Congress, staff, and committees. Id. Specifically,
ASL's responsibilities include responding to inquiries from Congress regarding HHS grants and
notifying offices in Congress of grant awards, providing technical assistance regarding grants and
legislation to members of Congress and their staffs, facilitating informational briefings related to
HHS programs and priorities, coordinating meetings and communications between HHS officials
and members of Congress, and coordinating HHS' s response to congressional oversight and
investigations. Id.; see also Office ofthe Assistant Secretary for Legislation, HHS website
(attached as Exhibit D).

In light of these responsibilities, it is difficult to believe that ASL has no records of any
correspondence with Rep. Rogers or his staff, especially considering Rep. Rogers has been a
member of the House Appropriations Committee since 1983, and is now the committee's
chairman.

For example, ASL should have correspondence related to HHS grants and contracts
awarded to entities in Rep. Rogers' district. ASL maintains a system of records containing
records of notifications to members of Congress of grants and contract awards being made in
their districts. See SORN 09-90-0072, HHS website (attached as Exhibit E). These records are
indexed by congressional district with the name of the member representing that district on the
file. Id. These are public records available on request. Id. HHS appears to have repeatedly
notified Rep. Rogers of grant awards, as demonstrated by Rep. Rogers' press releases
announcing them. See, e.g., Rogers Announces $3,652,972 Grantfor Johnson County Head
Start, Jan. 22, 2010 (attached as Exhibit F); Rogers Announces $235,620 for MSU Rural Health
Care Initiative in Martin County, Oct. 27,2009 (attached as Exhibit G). In fact, the records HHS
produced to CREW from the Office of the Secretary, Executive Secretariat, include
correspondence related to grants.

To be clear, CREW does not limit its request to records in this system of records or to
correspondence related to grant awards and contracts. CREW continues to seek any and all
correspondence between Rep. Rogers and his staff and HHS.

HHS Improperly Withheld Portions Of Responsive Records Under Exemption 6

HHS contends some portions of the records produced are exempt under Exemption 6.
Specifically, HHS withheld the name of an individual Rep. Rogers recommended to be a voting
member of a national Medicaid Commission, and the name of another individual Rep. Rogers
Freedom of Information Act Appeal
April 28, 2011
Page 3

recommended to be a manager at a regional Head Start program (redacted records attached as


Exhibit H).

Exemption 6 exempts from compelled disclosure "personnel and medical files and similar
files the disclosure of which would constitute a clearly unwarranted invasion of personal
privacy," 5 U.S.C. § 552(b)(6). Under this standard, to determine if a privacy exemption
properly applies, a court must balance the privacy interest against the public interest in citizens
being "informed about 'what their government is up to. '" Us. Dep 't ofJustice v. Reporters
Comm.for Freedom ofthe Press, 489 U.S. 749,762,772-73 (1989) ("Reporters Committee")
(internal citation omitted). Information that "sheds light on an agency's performance of its
statutory duties falls squarely within" the public interest. Id. at 773; see also Us. Dep 't of
Defense v. FLRA, 510 U.S. 487, 497 (1994). Personal information may be withheld only when it
"reveals little or nothing" about the government's conduct. Reporters Committee, 489 U.S at
773.

The public has a significant interest in the names of individuals Rep. Rogers
recommended for these positions. Rep. Rogers repeatedly has used his position to reward
campaign contributors with millions of dollars in earmarks and other benefits. See Rep. Rogers'
Neighborhood, CREW, Apr. 26, 2011 (available at: http://www.citizensforethics.org/pages/
pork-parade-rep-hal-rogers). For example, records provided by the Small Business
Administration ("SBA") to CREW revealed that Rep. Rogers intervened with the SBA on behalf
of a campaign contributor, which led to an increase in the contributor's loan that the SBA had
previously denied twice. Id. at 22-23. Disclosure of the names of the individuals recommended
to government positions by Rep. Rogers will allow CREW to investigate whether these
individuals also were campaign contributors or had other personal connections to Rep. Rogers.
Accordingly, this information would inform the public about what Rep. Rogers and HHS were
up to.

These public interests clearly outweigh any privacy interests. HHS does not specify what
privacy interests are at issue, but the privacy interests of the individuals recommended by Rep.
Rogers for government positions are minimal, at best. If the individuals recommended by Rep.
Rogers were named to those positions, their names and titles generally would be available to the
public under Office of Personnel Management regulations, 5 C.F.R. § 293.311, and thus they
have no privacy interest to protect. Even if the individuals were not named to the positions, their
privacy interests are minimal. See, e.g., Physicians Comm. for Responsible Med. v. Glickman,
117 F. Supp. 2d 1, 6 (D.D.C. 2000) (names of individuals nominated to federal advisory
committee but not appointed to it have minimal privacy interest in non-disclosure of their
names); see also Landmark Legal Found. v. IRS, 87 F. Supp. 2d 21, 27-28 (D.D.C. 2000)
(minimal privacy interest in protecting from disclosure the names individuals included in letters
written on their behalf by members of Congress and sent to federal agencies).
Freedom of Information Act Appeal
April 28, 2011
Page 4

In addition, high-ranking government officials such as Rep. Rogers have a diminished


privacy interest in the balancing conducted under Exemption 6. See, e.g., Stern v. FBI, 737 F.2d
84,92-94 (D.C. Cir. 1984). Accordingly, the public interest in disclosure outweighs any privacy
interest.

Conclusion

Based on the foregoing, we request that you reverse HHS 's initial determination as to the
adequacy of its search for ASL records. We further request that you reverse the HHS's
withholding of the names of individuals recommended for federal positions by Rep . Rogers
pursuant to Exemption 6.

Sincerely,

AK «:
Adam J. Rappaport
Senior Counsel
Citizens for Responsibility and Ethics in Washington

Enclosures
EXHIBIT A
c W II•and
citizens for responsibility
ethics in washington

March 7, 2011

By Facsimile: 202-690-8320 and First-Class Mail

Department of Health and Human Services


Freedom of Information Officer
Mary E. Switzer Building, Room 2206
330 C Street, S.W.
Washington, D.C. 20201
Telephone: 202-690-7453

Re: Freedom of Information Act Request

Dear Sir/Madam:

Citizens for Responsibility and Ethics in Washington ("CREW") makes this request for
records, regardless of format, medium, or physical characteristics, and including electronic
records and information, audiotapes, videotapes and photographs, pursuant to the Freedom of
Information Act ("FOIA"), 5 U.S.c. §§ 552, et seq., and U.S. Department of Health and Human
Services ("HI-IS") regulations, 45 C.F.R. Part 5.

Specifically, CREW seeks any and all correspondence between Representative Harold
Rogers (R-KY), or any member of his staff, or any staff member of the United States House of
Representatives Committee on Appropriations ("Appropriations Committee") acting on behalf of
Rep. Rogers, and any employee of the HHS Office of the Assistant Secretary for Legislation and
the Office of the Executive Secretary from January 1,2000, through the present. CREW further
seeks any and all responses by any employee of the HHS Office of the Assistant Secretary for
Legislation and the Office of the Executive Secretary to Representative Rogers, or any member
of his staff, or any staff member of the Appropriations Committee acting on behalf of Rep.
Rogers, during the same time period.

Please search for responsive records regardless of format, medium, or physical


characteristics. Where possible, please produce records electronically, in PDF or TIF format on
a CD-ROM. We seek records of any kind, including electronic records, audiotapes, videotapes,
and photographs. Our request includes any letters, emails, facsimiles, telephone messages, voice
mail messages, and transcripts, notes, or minutes of any meetings, telephone conversations, or
discussions. Our request also includes any attachments to these records.

If it is your position that any portion of the requested records is exempt from disclosure,
CREW requests that you provide it with an index of those documents as required under Vaughn
v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1972). As you are aware, a
Vaughn index must describe each document claimed as exempt with sufficient specificity "to
permit a reasoned judgment as to whether the material is actually exempt under FOIA."

1400Eye Street, N.W., Suite 450, Washington, D.C. 20005 I 202.408.5565 phone I 202.588.5020 tax I www.citizensfcrethics.org
Freedom of Information Officer
March 7, 2011
Page 2

Founding Church ofScientology v. Bell, 603 F.2d 945, 949 (D.C. Cir. 1979). Moreover, the
Vaughn index must "describe each document or portion thereof withheld, and for each
withholding it must discuss the consequences of supplying the sought-after information." King
v. Us. Dep 't ofJustice, 830 F.2d 210,223-24 (D.C. Cir. 1987) (emphasis added). Further, "the
withholding agency must supply 'a relatively detailed justification, specifically identifying the
reasons why a particular exemption is relevant and correlating those claims with the particular
part of a withheld document to which they apply.'" Id. at 224 (citing Mead Data Central v, us.
Dep 't ofthe Air Force, 566 F.2d 242, 251 (D.C. Cir. 1977)).

In the event some portions of the requested records are properly exempt from disclosure,
please disclose any reasonably segregable non-exempt portions of the requested records. See 5
U.S.c. § 552(b). Ifit is your position that a document contains non-exempt segments, but that
those non-exempt segments are so dispersed throughout the document as to make segregation
impossible, please state what portion of the document is non-exempt, and how the material is
dispersed throughout the document. Mead Data Central, 566 F.2d at 261. Claims of
nonsegregability must be made with the same degree of detail as required for claims of
exemptions in a Vaughn index. If a request is denied in whole, please state specifically that it is
not reasonable to segregate portions of the record for release.

Finally, CREW welcomes the opportunity to discuss with you whether and to what extent
this request can be narrowed or modified to better enable HHS to process it within the FOIA's
deadlines. Anne Weismann, the CREW attorney handling this matter, can be reached at (202)
408-5565 or aweismann(cV,citizensforethics.org.

Fee Waiver Request

In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and HHS regulations, 45 C.F.R. § 5.45,


CREW requests a waiver of fees associated with processing this request for records. The subject
of this request concerns the operations of the federal government and expenditures, and the
disclosures will likely contribute to a better understanding of relevant government procedures by
CREW and the general public in a significant way. Moreover, the request is primarily and
fundamentally for non-commercial purposes. 5 U.S.C. § 552(a)(4)(A)(iii). See, e,g., McClellan
Ecological v. Carlucci, 835 F.2d 1282, 1285 (9th Cir. 1987).

These records are likely to contribute to greater public awareness about the relationship
between Representative Rogers and the Department of Health and Human Services, particularly
in regard to Representative Rogers' support for funding nonprofit organizations in Somerset,
Kentucky. Representative Rogers has started or helped start seven nonprofit organizations in
Somerset that are largely funded through congressional earmarks and federal grants, including
from the HHS offices. See Halimah Abdullah, Rogers' Earmark Requests Total Nearly Half a
Billion Dollars, McClatchy Newspapers, April 19,2009 (Attached as Exhibit 1). Understanding
Freedom of Information Officer
March 7, 2011
Page 3

the relationship between Representative Rogers and the HHS would shed light on the role
Congressman Rogers plays in securing funds for the nonprofits.

CREW is a non-profit corporation, organized under section 501(c)(3) of the Internal


Revenue Code. CREW is committed to protecting the public's right to be aware of the activities
of government officials and to ensuring the integrity of those officials. CREW uses a
combination of research, litigation, and advocacy to advance its mission. The release of
information garnered through this request is not in CREW's financial interest. CREW will
analyze the information responsive to this request, and will share its analysis with the public,
either through memoranda, reports, or press releases. In addition, CREW will disseminate any
documents it acquires from this request to the public through its website,
www.citizensforethics.org, which also includes links to thousands of pages of documents CREW
acquired through its multiple FOIA requests as well as documents related to CREW's litigation
and agency complaints, and through www.scribd.com.

Under these circumstances, CREW satisfies fully the criteria for a fee waiver.

News Media Fee Waiver Request

CREW also asks that it not be charged search or review fees for this request because
CREW qualifies as a "representative of the news media" pursuant to the FOIA and HHS
regulations, 45 C.F.R. § 5.41-5.45. In Nat 'I Sec, Archive v, Us. Dep 't of Defense, 880 Fold
1381,1386 (D.C. Cir. 1989), the Court of Appeals for the District of Columbia Circuit found the
National Security Archive was a representative of the news media under the FOIA, relying on
the FOrA's legislative history, which indicates the phrase "representative of the news media" is
to be interpreted broadly; "it is critical that the phrase 'representative of the news media' be
broadly interpreted if the act is to work as expected.... In fact, any person or organization
which regularly publishes or disseminates information to the public, , , should qualify for
waivers as a 'representative ofthe news media, '" 132 Congo Rec. S14298 (daily ed. Sept. 30,
1986) (emphasis added), cited in id.

CREW routinely and systematically disseminates information to the public in several


ways. First, CREW maintains a frequently visited website, www.citizensforethics.org, that
received 71,353 page views in February 2011. In addition, CREW posts all of the documents it
receives under the FOrA on www.scribd.com. and that site has received 660,525 page views of
CREW's documents since April 14, 2010,

Second, since May 2007 CREW has published an online newsletter, CREWCuts, that
currently has 16,853 subscribers. CREWCuts provides subscribers with regular updates
regarding CREW's activities and information the organization has received from government
entities. A complete archive of past CREWCuts is available at
http://vV'vvw.citizensforethics ,org/newsletter.
Freedom of Information Officer
March 7, 2011
Page 4

Third, CREW publishes a blog, Citizens blogging for responsibility and ethics in
Washington, that reports on and analyzes newsworthy developments regarding government
ethics and corruption. The blog, located at http://www.citizensforethics.org/blog, also provides
links that direct readers to other news articles and commentary on these issues. CREW's blog
had 3,864 page views in February 2011.

Finally, CREW has published numerous reports to educate the public about government
ethics and corruption. See The Revolving Door, a comprehensive look into the post-government
activities 01'24 former members of President Bush's cabinet; Record Chaos, which examines
agency compliance with electronic record keeping responsibilities; and Those Who Dared: 30
Officials Who Stood Up For Our Country. These and all other CREW's reports are available at
http://www.citizensforethics.org/reports.

Based on these extensive publication activities, CREW qualifies for a fee waiver as a
"representative of the news media" under the FOIA and agency regulations.

Conclusion

If you have any questions about this request or foresee any problems in releasing fully the
requested records on an expedited basis, please contact me at (202) 408-5565. Also, if CREW's
request for a fee waiver is not granted in full, please contact our office immediately upon making
such determination. Please send the requested records to Anne L. Weismann, Citizens for
Responsibility and Ethics in Washington, 1400 Eye Street, N.W., Suite 450, Washington, D.C.
20005.

Sincerely,

t/
Anne L. Weismann
Chief Counsel

Enclosure
EXHIBIT 1
3/4/2011 Rogers' earmark requests total nearly ha...
MCClatchy washington Bureau
:. Print This Article

Posted on Sun, Apr. 19,2009

Rogers' earmark requests total nearly half a billion dollars


Halimah Abdullah I McClatchy Newspapers
last updated: April 17, 200905:51:00 PM

WASHINGTON -- For nearly 30 years, Rep. Hal Rogers has used his sway on powerful committees to steer billions in federal funds into a
rural stretch of his Kentucky district dubbed "Silicon Holler."
Now, new rules requiring members of Congress to publicize their requests on their Web sites offer -- for the first time -- an early glimpse into
exactly which projects the Somerset Republican, a senior member of the House Appropriations Committee, favors before those multimillion-
dollar requests are tucked into the federal spending bills. There are 103 requests totaling $466.6 million on Rogers' 22-page request form,
which is buried several pages deep on his Web site and downloaded sideways in an unsearchable format.

Those requests include more than $40 million for programs that Rogers either created directly or are housed in Rogers' hometown of
Somerset at the Center for Rural Development, a sprawling, state-of-the-art facility that locals call the "Taj-Ma Hal." The National Institute
for Hometown Security, a non-profit organization that Rogers helped create and has few staffers, is slated to net $15 million "to continue to
provide leadership in discovering and developing community based critical infrastructure protections solutions."
The Department of Homeland Security has never requested any funding for the National Institute of Hometown Security, though former DHS
Secretary Tom Ridge came to Kentucky to announce the non-profit's formation several years ago.
Groups that monitor government transparency and the use offederal funds are especially troubled by the trend of members on the powerful
House and Senate appropriations committees -- which are in charge of setting specific money expenditures -- earmarking taxpayer money to
fund lawmaker-created non-profit organizations. Rogers and Rep. John Murtha, D-Pa., who like his Kentucky counterpart hails from an
economically strapped region struggling to bring in new industry, stand out as prime examples of this practice, said V\Tilliam Allison,senior
fellow at the Sunlight Foundation, a nonprofit group that advocates for transparency in government.

"You're using federal money to create organizations that wouldn't exist," Allison said. "They're hiring people -- sometimes bringing in political
supporters. Sometimes (those supporters) promote the lawmaker as much as the group, because they're out in the community and people
identify the group with the member. It amplifies the member and it raises a lot of questions."
Taxpayer advocacy groups also say such practices are an abuse of power, an example of Rogers using his political clout to channel millions in
federal homeland security funds into pet projects for his district,
"When we see a member of Congress using tax dollars to create such non-profit entities, we call it phony philanthropy," said David Williams,
vice president of policy for Citizens Against Government Waste, a Washington- based group that tracks federal pork. "It's easy to spend
someone else's money; it's much harder to spend your own. If you set up a non-profit advocacy and they're advocating a point of view, then
every citizen is advocating that view whether they agree with it or not"

One example among Rogers' earmarks is Operation UNITE. Critics say that while the program, which was created by Rogers and is poised to
receive roughly $13 million in earmarks to ramp up anti-drug initiatives, has been effective, UNITE focuses too heavily on law enforcement
and arrests and doesn't channel enough money into treatment and rehabilitation.
Environmentalists take issue with Rogers' continued push for increased coal-to-liquid fuels research funding, such as his $2 million earmark to
the University of Kentucky's Center for Applied Energy Research. Instead, they say, greater funding should be sought for such alternative fuel
sources as solar and wind power. Coal mining companies have donated heavily to the state's congressional delegation, and the mining industry
is Rogers' top industry donor, according to the Center for Responsive Politics, which analyzes the influence of money in politics.

Rogers stands behind his earmarks.

"Unelected and uninformed earmark crusaders do not represent the interests of my district," Rogers said. "And I don't know of anyone who
has suggested that funding for any of these programs is improper."
President Barack Obama and Sen. John McCain, R-Ariz., blasted the earmark process during the 2008 presidential campaign as an unsavory
method of conducting government business,

In an effort to create greater government transparency, House members were instructed to post earmark requests on their Web sites in
April, The Senate will follow suit in May,

Lawmakers must publicly disclose the amount requested and the proposed recipient, along with addresses and an explanation of the project
Members also must make a written pledge that neither they nor their spouses will benefit financially from the earmark.
However, such lines are often murky,

Rogers' earmark requests include $6 million to Somerset- based Progeny Systems to develop a biometrics- based submarine access control
system, $8 million to the Outdoor Venture Corp., also in Somerset, for tents that can be relocated and reconstructed by two people in 20
minutes, and $16 million to the McKee, Ky.-based Phoenix Products Inc, for aircraft drip pans,

Progeny employees gave more than $13,000 to Rogers through his campaign and his political action committee, HALPAC. Outdoor Venture
Corp. president James Egnew and his wife, Azalie, contributed more than $20,000 to Rogers' campaigns; Peggy and Thomas Wilson, owner
mcclatchydc.com/., ./rogers-ea rma rk- req.. 1/2
3/4/2011 Rogers' earmark requests total nearly ha...
and manager of Phoenix Products, have given roughly $15,000.

Rogers sees the connection as coincidental. He says he's "never been shy about working to bring jobs to southern and eastern Kentucky" and is
merely doing what he was elected to do.

"Our decisions on which projects and programs to sponsor have absolutely nothing to do with campaign contributions, period," Rogers said.
"Our screening process is exactly the same for every project request we receive. The companies you mention employ over 200 hard-working
citizens in one of the poorest regions of the country and are working on critical programs that ultimately protect our brave men and women in
uniform fighting for freedom overseas."

Some of Rogers' earmarks support groups and causes with missions with national impact, such as the $10 million request for the Justice
Department's prescription drug monitoring program, which operates in 41 states.

Rogers helped launch the program in 2002 with the help Rep. Frank Wolf, R-Va., and has since worked to secure more than $48 million to
develop or enhance prescription drug monitoring. The competitive grant, supported by the Justice Department through its own budget
submissions, is known as the Harold Rogers Prescription Drug Monitoring Program.

"Even the most biased activist would have to admit that providing funding for organizations that have collectively created over 10,000 jobs,
trained over 8,500 hospitality workers, provided over 18,000 individuals with technology training, offered education grants to 1,700 teachers,
or helped provide important tools to our rural law enforcement and first responder agencies nationwide is taxpayer money well spent," Rogers
said.

Intent is one thing, using political heft to micromanage a region's economic currents at the possible expense of other congressional districts is
another, Allison said.

"This is a country of 435 districts, all with their needs. With him sitting on appropriations he has a greater ability to steer these funds," Allison
said. "If he is actually helping create the organizations and steer money to them, that's much more problematic. There's not enough distance
between the member and the organization that's set up."

McClatchy Newspapers 2009

mcclatchydc.com/.. '/r09 ers-ea rma rk-req ... 2/2


EXHIBIT B
DEPARTMENT OF HEALTH & HUMAN SERVICES Office of the Secretary

Assistant Secretary for Public Affairs


Washington, D.C. 20201

Case No.: 2011-0643GD

April 14, 2011

Anne Weismann
Citizens for Responsibility and Ethics Washington
1400 Eye Street N.W.
Suite 450
Washington, DC 20005

Dear Ms. Weismann:

This letter is in response to your March 7,2011, Freedom ofInformation Act (FOIA)
request for records of all correspondence between representative Harold Rogers and his
staff and HHS from January 1, 2000 to present.

The Office of the Assistant Secretary for Legislation (ASL) conducted a search and was
unable to locate any responsive records.

The Office of the Secretary, Executive Secretariat (OSES) conducted a search and
located 60 pages of responsive records, which are enclosed. I have determined to
withhold portions of the released records under FOIA exemption (b)(6).

The FOIA exemption (b)(6) permits the withholding of records which, if released, would
constitute a clearly unwarranted invasion of personal privacy.

If you we believe that the information withheld should not be exempt from disclosure,
you have the right to appeal. Your appeal must be sent 30 days from the date of receipt of
this letter, to the Deputy Assistant Secretary for Public Affairs (Media), U.S. Department
of Health and Human Services, Mary E. Switzer Building, 330 C Street, S.W., Room
2206, Washington, DC 20201. Clearly markboth the envelope and your letter "Freedom
of Information Act Appeal."

Sincerely yours, ~

~~*Ck
Robert Eckert
Director
FOI/Privacy Acts Division
Office of Public Affairs
EXHIBIT C
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J:JJJSJ,lpme I Qu_e.~.t.lQ.ns.? ! Co.nt9.ct.in9.J:lHS. I Acc:,essJbmtv I PrivacY.PoRey: I fOIA I QJscJajmers I Ihl;l,.WhReJ'!OuSQ I USA,Q.QV I HHS.Ar.chlve I p.and.em.i.c.f.lu. ! yje.we.rs._.&.P1i·W.eIS
U,S. Department of Health & Human Services w 200 Independence Avenue, S.W. ~ Washington, D.C. 20201

1 of 1 4/26/2011 2:51 PM
EXHIBIT D
Office of the Assistant Secretary for Legislation http://www.hhs.gov/asl/divisions/divisions.html#c10

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HHS Home> ASL Home> ASL Leadership Other HIlS Sites of Interest
_ _ _ _ _ _ _...111" Office of the Assistant Secretary for • Assistant Secretary for Planning
ASL Home Legislation and Evaluation (Policy)
ASL Mission • Assistant Secretary for Public
Affilics(News)
ASL Leadership The Immediate Office of the Assistant Secretary for Legislation
The Assistant Secretary for Legisiation serves as principai advisor to the • Assistant Secretary of Research
Grants Secretary with respect to ali aspects of the Department's legislative and Technology (Budget)
agenda and Congressional liaison activities. • QJficeoJJheGeneCillCoVnse l
Testimony
Jim Esquea, Assistant Secretary for Legislation \.)ggQjl
Legislative Offices within
Phone: 202-690-7627 • Office of the Inspector Generai
HHS
Fax: 202-690-7380 • Health Information Privacy
Related Links
• Medicare.gov

• Office of the Deputy Assistant Secretary for Legislation for


Discretionary Health Programs
• Pandemic Flu

The Deputy Assistant Secretary for Legislation for Discretionary Health


Programs reports to the Assistant Secretary for Legislation and assists in
the legislative agenda and liaison for discretionary health programs. This
portfolio includes health-science-oriented operating divisions (the Food
and Drug Administration, the National Institutes of Health, the Centers
for Disease Control and Prevention, the Agency for Healthcare Research
and Quality, Health Resources and Services Administration), health IT,
private-sector health insurance, medical literacy and patient safety, and
biodefense. The Office is responsible for the coordination of activities of
Office of the Assistant Secretary for Legislation and the Department with
respect to the Congressional Budget Process, and assists the ASL in
budget affairs of the Office of the Assistant Secretary for Legislation.
Jeremy Sharp, Deputy Assistant Secretary for Legislation
Phone: 202-690-7450
Fax: 202-690-8425

Office of the Deputy Assistant Secretary for Legislation for


Mandatory Health Programs
The Deputy Assistant Secretary Legislation for Mandatory Health
Programs reports to the Assistant Secretary for Legislation and assists in
the legislative agenda and liaison for health services and health care
financing operating divisions (Centers for Medicaid and Medicare
Services and Indian Health Service).
Vacant, Deputy Assistant Secretary for Legislation
Phone: 202-690-7450
Fax: 202-690-8425

Office of the Deputy Assistant Secretary for Legislation for


Human Services
The Deputy Assistant Secretary for Legislation for Human Services
reports to the Assistant Secretary for Legislation and assists in the
iegislative agenda and liaison for human services and income security
poiicy. This portfolio includes the Administration for Children and
Families; the Administration on Aging; and, the Substance Abuse and
Mental Health Services Administration.
Doug Steiger, Deputy Assistant Secretary for Legislation
Phone: 202-690-6311
Fax: 202-690-5750

Congressional Liaison Office (CLO)


The Deputy Assistant Secretary for the Congressional Liaison Office
reports to the Assistant Secretary for Legisiation and assists in the
legislative agenda and liaison for bioethics, faith-based, and special
projects. The office maintains the Department's program grant
notification system to Members of Congress (public access at: GrantsNet
and TAGGS), and is responsible for notifying and coordinating with
Congress regarding the Secretary's travel and event schedule. In
addition, CLO provides staff support for the Assistant Secretary for
Legislation coordinating responsibilities to the HHS regionai offices, and
coordinates the Continuity of Operations Pian (COOP) for the Office of
the Assistant Secretary for Legislation.
Fatima Cuevas, Deputy Assistant Secretary for Legislation
Phone: 202-690-6786

10f2 4/26/2011 3:03 PM


Office of the Assistant Secretary for Legislation http://www .hhs.gov/asl/ divisions/divisions .html#clo

Fax: 202-690-6351

Office of Oversight and Investigations


This office reports to the Assistant Secretary for Legislation and has
responsibility for all matters related to Congressional oversight and
investigations, including those performed by the Government
Accountability Office, and assists in the iegislative agenda and liaison for
special projects.
Kristine Blackwood, Deputy Director for Oversight and
Investigations
Phone: 202-690-7627
Fax: 202-690-7380

~ I QU_e.SllUlQ I Contacting HHS I ~ I privacy Policy I EQ..IA I ~ I ~~ I ~ I ~ I ~! Viewers & Players


U.S. Department of Health & Human Services· 200 Independence Avenue, S.W. ~ Washington, D.C. 20201

20f2 4/2612011 3:03 PM


EXHIBIT E
SORN 09-90-0072 I HHS.gov http://www .hhs.gov/foia/privacy/recordsnotices/099000 72 .html

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HHS Home> FOIA (Freedom of Information Act) > Privacy Act> System of Records Notices (SORNs)

It SORN 09-90-0072
FOIA (Freedom of System name: Congressional Grants Notification Unit, HHS/OS/ASL.
Information Act)
Security classification: None.
Submit a FOIA Request
System location: Room 417, H Humphrey Building, 200 Independence Avenue, SW, Washington, DC 2020l.
FOIA Fees Categories of individuals covered by the system: Members of Congress.
FOIA Appeals Categories of records in the system: Notification form of grants or contract awards made by HHS. The form contains
the name and address of the project director, the purpose of the grant or contract, and the HHS program involved.
Electronic FOIA Reading
Authority for maintenance of the system: 5 U.S.c. 30l.
Room
Purpose(s):
Annual Reports
To provide timely notification to members of Congress of HHS grants and contract awards being made in their Districts.
Privacy Act Routine uses of records maintained in the system, including categories of users and the purposes of such
uses:
System of Records Notices
(SORNs) Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the
congressional office made at the request of that individual. In the event of litigation where the defendant is (a) the
Reference Materials Department, any component of the Department, or any employee of the Department in his or her official capacity, (b) the
United States where the Department determines that the claim, if successful, is likely to directly affect the operations of the
Contacts
, Department or any of its components, or (c) any Department employee in his or her individual capacity where the Justice
Department has agreed to represent such employee, the Department may disclose such records as It deems desirable or
necessary to the Department of Justice to enable that Department to present an effective defense, provided such disclosure
is compatible with the purpose for which the records were collected.
Records may be disclosed to student volunteers, individuals working under a personal services contract, and other
individuals performing functions for the Department but technically not having the status of agency employees, if they need
access to the records in order to perform their assigned agency functions.
Policies and practices for storing, retrieving, accessing, retaining, and disposing of records in the system:
Storage: Paper files are maintained in standard file cabinets.
Retrievability: Files are indexed by States Congressional Districts with the name of the Congressional Representative of
that District on the file. Records are retrieved by name. The staff uses this system for the following purposes: (1) To
answer questions in the short term about amounts of HHS grant funds going into areas of the country according to
congressional districts. (2) To verify that actual notification to members offices of awards has been made.
Safeguards: These records are public information and available on request.
Retention and disposal: Grant notification files are discarded after two calendar years.
System manager(s) and address: Director, Congressional Liaison, Office of the Assistant Secretary for Leqislatlon, Room
417H, HHH Bldg., 200 Independence Avenue, SW, Washington, DC 2020l.
Notification procedure: Same as above. The Congressional District or name of the Congressional Representative of that
district and the approximate date of the award must be provided.
Record access procedures: Address same as above.
Contesting record procedures: Address same as above.
Record source categories: Agencies within the Department making the grant/contract awards.
Systems exempted from certain provisions of the act: None.

HHS Home I ~ I Cootacting HHS I Accessibility I Privacy Policy I FOIA I Disclaimers I The White House I USA.gov I HHS Ar~ I Pandemic Flu! Viewers & Players
U.S. Department of Health & Human Servkes > 200 Independence Avenue, S.W. - Washington, D,C. 20201

1 of 1 4/26/20113:41 PM
EXHIBIT F
Rogers Announces $3,652,972 Grant for Johnson County Head Start - ... http://halrogers.house.gov/News/DocmnentSingle.aspx?DocmnentID=...

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KENTUCKY'S 5TH DISTRICT

HOME ABOUT HAL AT YOUR SERVICE VISITWASHINGTON MEDIACENTER ON THE ISSUES INITIATIVES

MEDIA CENTERONTACT HAL PRESS RELEASES

PRESS RELEASES
Contact:$\~J9IJiZimrY)~rm90.202-225-4601
PHOTO GALLERY
VIDEO
Rogers Announces $3,652,972 Grant for Johnson County Head Start
PODCASTS
IN THE NEWS
OPINION PIECES Washington, DC, Jan 22, 2010-
STATEMENTS WASHINGTON, DC - U.S. Congressman Harold "Hal" Rogers (KY-05) announced today that the U.S. Department of
Health and Human Services awarded $3.652.972 to the Big Sandy Area Community Action Program, Inc. in Paintsville to
administer the Head Start program.

E-NEWS SIGN-UP "Providing every opportunity available for our children is essential to moving our region forward," said Rogers. "Head Start
is vital to ensuring that our children have the support and education they need to be successful now and in the future.
FIRSTNAME Healthy kids that are given the tools they need to thrive will not only make our communities better, it will make our region,
our state and our nation a better place."

LAST NAME Head Start provides comprehensive child development services to economically disadvantaged families, with a special
focus on helping preschoolers develop the early reading and math skills they need to be successful in school. This
national initiative also promotes school readiness by enhancing the development of children through educational, health
EMAIL ADDRESS and nutritional services.

The funds go to the Big Sandy Area Community Action Program, Inc. (BSACAP) which provides various services
throughout the region, including Head Start, BSACAP is a private, non-profit organization which operates an extensive
range of social programs and services targeting low income households in Pike, Martin, Magoffin, Floyd and Johnson
Counties.

As a senior member of the House Appropriations Committee, Rogers works to secure funding for important initiatives in the
fifth Congressional district.

CONSTITUENT SERVICES OFFICE INFORMATION STAY CONNECTED LEGISLATIVE

Download a Privacy Release Form WASHINGTON, DC OFFICE SEARCH BILLS BY:


2406 Rayburn House Office Bldg Watch YouTube Videos
Help Finding a Job Washington, DC 20515
Bill Number
T (202) 225-4601 F (202) 225-0940
Visit Hal's Online Office Connect on Facebook

The Congressional Award Word or Phrase


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PRIVACY POLICY CONTACT

1 of 1 4/26/20113:36 PM
EXHIBIT G
Rogers Announces $235,620 for MSU Rural Health Care Initiative in ... http://halrogers.house.gov/News/DocurnentSingle.aspx?DocurnentID=...

TEXf SiZE SEARCH SITE

KENTUCKY'S 5TH DISTRICT

HOME ABOUT HAL AT YOUR SERVICE VISIT WASHINGTON MEDIACENTER ON THE ISSUES INITIATIVES

MEDIA CENTERONTACT HAL PRESS RELEASES

PRESS RELEASES
Contact: $t"f?fli!,imm"rm!\n (202) 225-4601
PHOTO GALLERY
VIDEO
Rogers Announces $235,620 for MSU Rural Health Care Initiative in Martin County
PODCASTS
IN THE NEWS
OPINION PIECES Washington, Oct 27,2009 -
STATEMENTS
U.S. Congressman Harold "Hal" Rogers (KY-05) announced today that the Department of Health and Human Services
(HHS) has awarded Morehead State University (MSU) with a $235,620 Rural Health Care Grant to continue to bring
community well ness and health care services to Martin County. This program is part of an ongoing rural health
demonstration program launched by Rogers and begun at the Roy F. Collier Community Center in Inez.
E-NEWS SIGN-UP
"This is great news for the people of Martin County," said Rogers. "By providing new resources to focus on preventative
FIRST NAME health care, the community will now be better equipped to address the health care problems that have plagued our region
for far too long. MSU is leading the way with this rural demonstration initiative and these new funds will put our efforts on
the road and to the front door of Martin County communities. Taking the time to invest in health education, prevention and
LASTNAME detection will go a long way to improving the health and well-being of our families."

MSU will use the funds to continue the" Martin County on the Move" health outreach demonstration program initiated by
EMAl ADDRESS Rogers in 2008 and to launch a new effort aimed at overcoming health care barriers such as accessibility and affordability.
This targeted and comprehensive project works with community leaders, schools and businesses to draw attention to
healthy lifestyle choices and combat the region's high rate of diabetes, obesity, and heart disease. The funds will be used
to launch a mobile prevention and well ness van, create health assessment, fitness and exercise and disease prevention
events. To date, Rogers has secured $1,015,620 in funding for this important initiative.

As a senior member of the House Appropriations Committee, Rogers works to secure funding for important projects in the
Fifth Congressional district.

CONSTITUENT SERVICES OFFICE INFORMATION STAY CONNECTED LEGISLATIVE

Download a Privacy Release Form WASHINGTON, DC OFFICE SEARCH BILLS BY:


2406 Rayburn HouseOffice Bldg Watch YouTube Videos
Help Finding a Job Washington, DC 20515
Bill Number
T (202) 225-4601 F (202) 225-0940
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The Congressional Award Word or Phrase


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PRIVACY POLICY CONTACT

I of I 4/26/201 13:32 PM
EXHIBIT H
, ,
*.* RECEIVED '!**
I . ' Jun 14,200512:31:28 WS# 06
HAROLD ROGERS OFFICE OF THE SECRETARY PLEASE RESPOND TO:
5TH OISrRlCf' KENTUCKY
CORRESPONDENCE WASHINGTON OFFiCe:

C\OMMITTEE ONfPPROPRIATIONS CONTROL CEN19R 2406 RAYBURN HOUSE OFFICE BUILDING


WASHINGTON, DC2051 5-1705
, CHAIRMAN (202122H601
SUBCOMMITTEE ON \"HEOEPARTMENT OF
HOMElAND SECURITY DISTRICT OFFICES:
. I
.SUBCOMMIITEEON THEOEPARlMENTS OF
TRANSPORTATION. TREASURY,
o 551CUFTYsmEET
SOMERSET, KY 42501
JUOICIARY) ANOHUO (S06) 679-&46 OR
I l-llOO-S32-8S68

I (iongrtss of tht· tinitro.~tattS o 601 MAIN STREET


HAZARD, KY41701
I 16081439-0794

!\ousr of 'Rrprrscntatiurs o 100RESOURCE DRIVE


PRESTONSBURG, KY 41653
10061_

~ashington, 1lQ: 20515-1705


/
All redactions on this page are withheld under (b)(6). (')0
0.."
3:"'Tl .~

The Honorable Michael O. Leavitt, Secretary ::r~


S,;n,
~
'0
U.S. Department of Health and Human Services
0 0....,
'::::-':0 e
.:z:: m
200 Independence Avenue, SW r.:l~-i (')
::l::_:r:
Washington, DC 20201 . r;:I ~ f"T1
::OU'l~
.J:::
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.m
(")(")
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Dear Secretary Leavitt: ~~ 7." o
. . ' '~~...2.
I would like to take this opportunity to offer my recommendation' that Dr:!
included as a voting member on the newly-created Medicaid Commission.

A\d~d~cated, accomplished 'PhYSician, Drl~m:. contribution~~~t.~~:!1!~dic~I community


·.n.KentuckYare.Jar:reaching.and.long:lasling, Fo!:..lhellasllyy:oye.ar!;, Dr. L_..w _ has seryel:1!l§

has,'been .~ ieade~ in.the state's effort' to .transfonn hs Medicaid prog;~~rin~ his tenure, D r , , ]
I. . . ;. r·~w .......~_
..:.·.. -- ,

,L··
Ali accomplished cardiologist, Dr.!
· · ..~· "..........;:;.. ;"'il . . . . ,
Iso served as chancellor
.

L r ..; ;.~."';" 'L!~ .


.. ~S!!£!U c::~ !l!~E"-~l:1. l:1..!tion~y,. h~~~~~PE()!!lte~:....~y.~!~~~~g!!:!:":Y{:~Bush as Undersecretary ,
iHe has also attained the
'''''='F''''''''W'~

As you can see, Dr.r·..· .. ~..10asts laudable accomplishments in the private and public .
.sectors..Lsincerely appreci~lie"fhe'workjhat he has done for the.betterment of Kentuckians, and am
'confident that he would be an asset to the Medicaid commission.

. Thank you for your kind attention to this matter. If! can be of any further assistance on behalf
9fDr. Holsinger, please do not hesitate to contact me.
I " .

1
!.
I
I
,i
HR:sp
i;
\ I.
THE SECRETARY OF HEALTH AND HUMAN SERVICES
WASHINGTON, D.C. 20201

All redactions on this page are withheld under (b)(6).

The Honorable Harold Rogers


United States Congress
Washington, DC 20515-1705

Dear Mr. Rogers:

Thank you for your letter recommending Dr. 10 serve on the


Medicaid Commission here at the Department of Hea taiidHiiman:Services.

We are working diligently to attract highly-qualified individuals, and we thank


you for your help. As we~()!1.tiI111~.the process of reviewing the many resumes received,
please be certain that Dr.] "" ~. "fill be given every consideration.

Again, thank you for your interest in the future of the Department of Health and
Human Services.

Sincerely,

~O'~'4-
~cht~l~~. L;a~i~
"
... RECEIVED'" PLEASE RESPOMO TO,
HAROLD ROGERS Aug 06,201014:40:11 WS#20 WASHINGTON OffiCE
6THDISTRICT, KENTUCKY OSNUM: 080620101032
OFFICE OF THE SECRETARY
o 14116 AAYBURIHIOUSE OffICE BUILDING
WASiI',NGTON, OC~15-1?OO
CORRESPONDENCE
..COMMITTEE ONAPPROPRIATIONS CONTROL CENTER
1202)215-.16(1\
RANKING MEMBER
SUBCOMMITTEE ONTHECEPAA1MENT Of DlSUlIC;OffICES
HOMELAND SECURfTV

SUBCOMMITTEe ON OHeNsE
o 551 CLIm' STREET
SIw.~RSEl, 'l.y mOl
("'8J67~0I'l
f-£O()oo632-D5t:O

~nllr£ss of thr tinitrd ~mt£s o 6<11 MAlN SlMET


HAZARO,KV41701
(600143$-0794

i}lOUSt of 1\qJttsrntatiut5 o 110 RESOUflCECOURT


SUITE A
PRESTONSBURG. KY 41653
(0061 S8S-0044
~aBhington) B(: 2051;-1105
July 30, 2010

Hdnorabie Kathleen Sebelius, Secr~tary


U; S.Department of Health and Human Services
200Independen~~enu~~s~w~ ~==:~=::::~------------l
Washington, DC 20201 .
All redactions on this page are withheld under (b)(6).

Dear Madame Secretary:

It is my understanding that you have a vacancy for the Head Start Regional Program
Manager for Region IV located in Atlanta, GA.
~''''''C_ A""""'''''''' ,,'" W "{

ill
I would like to respectfully recommend for your consideration Mr.1 Branch
Manager, MS, MBA to fill the aforementione~p()Sitlon:Mrl~'~~~~;tsifour(4)(iecades plus of
experience with working with my district'sr~~~~'.. ..~programs. Mr. Griffin is
knowledgeable and his experience dealing(Wlthyour grantees has
been exceptional.

Be assured that Mrl "~iIl continue to serve your grantees and my constituents in a
most fair and equitable ma~ner.

Thank you very much for your consideration in this matter and asyou are apprised, I am
a very staunch supporter of Head Start.

41 RespecUflo .
I.!Rose
MEMBER OF CONGRESS
B ~
. "

.'

' ..

------------

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