Section IV: Steps Taken to Greater Utilize Technology

A key component of FOIA administration is using technology to make information more accessible. In addition to using the internet to make proactive disclosures, agencies should also be exploring ways to utilize technology in responding to requests.

Please answer the following questions to describe how your agency is utilizing technology to improve its FOIA administration and the public's access to information. You should also include any additional information that that describes your agency's efforts in this area.

1. Please briefly describe the types of technology your agency uses to support your FOIA program. In addition, please highlight if your agency is leveraging or exploring any new technology that you have not previously reported. If so, please describe the type of technology.

HHS FOIA Operating Divisions use a number of FOIA tracking software tools including commercial and internally built tracking systems. HHS recently attended the Chief FOIA Officer's Technology Committee to partner with other agencies regarding challenges/lack of functionality of the commercial FOIA tracking system that many agencies use.

HHS has increased use of eDiscovery tools and is exploring the use of artificial intelligence to to improve consistency and efficiency. A number of Operating Division use or exploring the de-duplication software to sort large email files.

HRSA instituted several FOIA dashboards including an executive dashboard showing the program offices' timeliness in conducting searches.

NIH leverages a cross-agency workflow management and document review platform to streamline FOIA request processing by: facilitating internal consultations, providing a means of deduplication of records, enabling requesters to enter their requests directly through the platforms public-facing portal. NIH FOIA professionals also use centralized email searches when it is deemed more efficient than relying on time-consuming custodian searches.

This year, NIH added an e-Discovery platform to its arsenal to leverage powerful software analytics that streamlines records review.

2. OIP issued guidance in 2017 encouraging agencies to regularly review their FOIA websites to ensure that they contain essential resources, and are informative and user-friendly. Has your agency reviewed its FOIA website(s) during the reporting period to ensure it addresses the elements noted in the guidance?

Yes. HHS reviews its website to ensure maximum ease of use and that key documents are on the website.

3. Did your agency successfully post all four quarterly reports for Fiscal Year 2020?

No.

4. If your agency did not successfully post all quarterly reports, with information appearing on FOIA.gov, please explain why and provide your agency's plan for ensuring that such reporting is successful in Fiscal Year 2021.

HHS posted the third and fourth quarters of FY2020 and plans to post all four quarters of FY2021. Staff vacancies and litigation priorities kept HHS from posting the first two quarters of the FY.

5. The FOIA Improvement Act of 2016 requires all agencies to post the raw statistical data used to compile their Annual FOIA Reports. Please provide the link to this posting for your agency's Fiscal Year 2019 Annual FOIA Report and, if available, for your agency's Fiscal Year 2020 Annual FOIA Report.

2019 Raw Data - https://www.hhs.gov/foia/reports/annual-reports/fy-2019-raw-data.html

6. Optional -- Please describe:

Best practices used in greater utilizing technology

Any challenges your agency faces in this area

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