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Judicial Watch • 225k HHS

225k HHS

225k HHS

Page 1: 225k HHS


Number of Pages:3

Date Created:April 27, 2012

Date Uploaded to the Library:February 20, 2014


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Because one above the law! 
April 27, 2012 

FOIA Officer Robert Eckert 
U.S. Dept Health Human Services 330 Street. S.W., Rm. 2206 Washington, D.C. 20201 

Re: FOIA for SF-SOs More Year 
Dear Mr. Eckert: 

Pursuant the Freedom oflnformation Act (FOIA), U.S.C.  552, Judicial Watch, Inc., (Judicial Watch) hereby requests that the U.S. Department Health Human Services (HHS) produce the following within twenty (20) business days: 
All Standard Forms (SF-50s) force and file for any HHS employee earning $225,000, more, per year total compensation. 
The time frame for this request October 2011 through March 31, 2012. placing this request, Judicial Watch directs HHS's attention President Barack Obama's January 21, 2009 Memorandum concerning the freedom Information Act which states: 
All agencies should adopt presumption favor disclosure, order renew their commitment the principles embodied FOIA ... The presumption disclosure should applied all decisions involving FOIA. 
Freedom oflnformation Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683. 
The memo further provides that "The Freedom Information Act should 
administered with clear presumption: the case doubt, openness prevails." 

Nevertheless, any responsive record portion thereof claimed exempt from production under FOIA, please provide sufficient identifying information with 
425 Third St., SW, Suite 800, Washington, 20024 Tel: (202) 646- 172 1-888-593-8442 FAX: (202) 646-5199  Email: info@)udicia! HHS 
April 27, 2012 
respect each allegedly exempt record portion thereof allow assess the propriety the claimed exemption. Vaughn Rosen, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (1974). addition, any reasonably segregable p01tion responsive record must provided, after redaction any allegedly exempt material. 
u.s.c.  552 (b). 

Judicial Watch also hereby requests waiver both search and duplication fees pursuant U.S.C.  552 (a)(4)(A)(ii)(II) and (a)(4)(A)(iii). Judicial Watch entitled waiver search fees under U.S.C.  552(a)(4)(A)(ii)(II) because member the news media. National Security Archive Department Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989)(defining news media within FOIA context). Judicial Watch has also been recognized member the news media other FOIA litigation. See, e.g., Judicial Watch, Inc. U.S. Department Justice, 133 Supp.2d (D.D.C. 2000); and, Judicial Watch, Inc. Department Defense, 2006 U.S. Dist. LEXIS 44003, 
(D.D.C. June 28, 2006). Judicial Watch regularly obtains information about the operations and activities government tlu-ough FOIA and other means, uses its editorial skills turn this inf01mation into distinct works, and publishes and disseminates these works the public. intends likewise with the records receives response this request. Judicial Watch also entitled complete waiver both search fees and duplication fees pursuant U.S.C.  552 (a)(4)(A)(iii). Under this provision, records: 
shall furnished without any charge charge reduced below the fees established under clause (ii) disclosure the information the public interest because likely contribute significantly public understanding the operations activities government and not primarily the commercial interest the requester. U.S.C.  552(a)(4)(A)(iii). addition, records are not produced within twenty (20) business days, Judicial Watch entitled complete waiver search and duplication fees under Section (b) the OPEN Government Act 2007, which amended FOIA U.S.C.  552 (a)(4)(A)(viii). 
Judicial Watch 501(c)(3), not-for-profit, educational organization, and, definition, has commercial purpose. Judicial Watch exists educate the public about the operations and activities govennnent, well increase public understanding about the importance ethics and the rule law government. The particular records requested herein are sought pru.t Judicial Watch's ongoing effo1ts document the operations and activities the federal governme?t and educate the 

April 27, 2012 

public about these operations and activities. Once Judicial Watch obtains the requested 
records, intends analyze them and disseminate the results its analysis, well the records themselves, special written rep01t. Judicial Watch will also educate the public via radio programs, Judicial Watch's website, and/or newsletter, among other outlets. also will make the records available other members the media researchers upon request. Judicial Watch has proven ability disseminate information obtained through FOIA the public, demonstrated its longstanding and continuing public outreach efforts. 
Given these circumstances, Judicial Watch entitled public interest fee waiver both search costs and duplication costs. Nonetheless, the event our request for waiver search and/or duplication costs denied, Judicial Watch willing pay $350.00 search and/or duplication costs. Judjcial Watch requests that contacted before any such costs are incurred, order prioritize search and duplication 
efforts. effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. e-.pdfs).
mail, When necessary, Judicial Watch will also accept the "rolling production" documents. Judicial Watch anticipates prompt receipt responsive documents and waiver both search and duplication costs within twenty (20) business days. Thank you for your timely compliance with all applicable laws. 

Lisette Garcia, J.D. Senior Investigator 
(202) 646-5172, ext. 303