Department of Veterans Affairs FREEDOM OF INFORMATION ACT


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Department of Veterans Affairs FREEDOM OF INFORMATION ACT (FOIA)
REPORT FOR FISCAL YEAR 2014
I. BASIC INFORMATION REGARDING THE REPORT
1. Point of Contact for questions regarding the report:
James P. Horan, Director FOIA Service (005R1C) Department of Veterans Affairs 810 Vermont Avenue, NW Washington, DC 20420 (202) 632-7453
2. The electronic address for this report on VA’s World Wide Web site is:
http://www.foia.va.gov/FOIA_Reports.asp
3. A copy of the report in paper form may be obtained by contacting the Department FOIA Officer (see I.1, above).
II. MAKING A FOIA REQUEST
1. Names, addresses, and telephone numbers of all individual agency components that are designated to receive FOIA requests can be found at the below links:
Veterans Affairs Central Office (VACO) Veterans Benefit Administration (VBA) Veterans Health Administration (VHA) National Cemetery Administration (NCA) Board of Veterans Appeals(BVA)
2. Some requests are not granted in cases where the document requested either does not exist or cannot be found after a reasonable search or where the FOIA would prevent granting the request based on an applicable FOIA exemption. A description of each FOIA exemption category is provided in Section III.3, below

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS

1. Below is a list of acronyms used in this Report:

Component Abbreviation Admin BVA C&LA CFM GC HRM IG MGMT NCA OAL OASHRA OASP&IA ODASB ODASIA ODI OF OIT ORM OSDBU OSP P&P PA SEC VBA VHA

Component Name Office of Administration Board of Veterans' Appeals Office of Congressional and Legislative Affairs Office of Construction and Facilities Management General Counsel Office of Human Resources Management Inspector General Office of Management National Cemetery Administration Office of Acquisition, Logistics, and Construction Office of Assistant Secretary for Human Resources and Administration Office of Assistant Secretary for Public and Intergovernmental Affairs Office of Deputy Assistant Secretary for Budget Office of Deputy Assistant Secretary for Intergovernmental Affairs Office of Diversity and Inclusion Office of Finance Office of Information and Technology Office of Resolution Management Office of Small and Disadvantaged Business Utilization Office of Operations, Security, and Preparedness Office of Policy and Planning Office of Public Affairs Office of the Secretary Veterans Benefits Administration Veterans Health Administration

IV. EXEMPTION 3 STATUTES

Statute

Type of Information Withheld

Case Citation

Agency / Component

5 U.S.C. App § 3 (IG Act) 41 U.S.C. § 4702 41 USC § 2102 38 U.S.C. § 5701

Names or employees who provide information or complaints to the Inspector General.

OAL

VHA

IG

Prohibits the release of contractor proposals submitted to an agency during the course of federal procurements of property or services.

Hornbostel v. United States Department of the Interior, 305 F. Supp. 2d 21, 30 (D.D.C. 2003)

CFM

OAL

OIT

VHA

Contractor bid or proposal infomration; source selection information

Legal & Safety Employer Research, CFM Inc. v. U.S. Dep't. of the Army, No. Civ. S001748, 2001 WL 34098652, at *3-4 (E.D. Cal. May 4, 2001)

GC

OAL

VHA

Records pertaining to any claim Ashton v. VA, 1999 U.S. App.

OIT

filed with the Department for names LEXIS 22957 (2d Cir. 1999)

and addresses of present and

former members of the Armed

Number of Times
Relied upon by Agency / Component

Total Number of
Times Relied upon
by Agency Overall

1

11 1 9
2

67 38
5 22
4
13 1 1 7 2
123

38 U.S.C. § 5705 38 U.S.C. § 7332
38 U.S.C. § 7451 26 U.S.C. § 6103

Forces and their dependents.

OSDBU

VBA

VHA

IG

Records created as part of a

Schulte & Sun-Sentinel Co. v. VA,

medical quality assurance program. No. 86-6251, slip op. at 3-4, 12

(S.D. Fla. Feb. 2, 1996)

OAL

VHA

OIT

Records of the identity, diagnosis, prognosis, or treatment of any patient or subject which are maintained in connection with the performance of any patient or subject which are maintained in connection with the performance of any program or activity relating to drug abuse, alcoholism, or alcohol abuse, infection with the human immunodeficiency virus (HIV) or sickle cell anemia.

Palmer v. Derwinski, No. 91-197, slip op. at 3-4 (E.D. Ky, June 10, 1992)

Admin

VBA

VHA

Information collected in VA nurse and other health-care personnel wage surveys.

OAL

VHA

Certain tax return and tax convention information.

Church of Scientology v. IRS, 484 CFM U.S. 9, 15 (1987) and Tax Analysts v. IRS, 217 F. Supp. 2d 23, 27-29

1 2 87 31 2
71 59 10
1
2,369
5 2,363
1 2
1 1
15

(D.D.C. 2002)

OAL

VHA

Fed. R. Crim. P. 6(e), enacted Certain records pertaining to grand by Act of July 30, 1977, Pub. jury proceedings L. No. 95-78, 91 Stat. 319

Sussman v. USMS, 494 F.3d 1106, IG 1113 (D.C. Cir. 2007); Fund for Constitutional Gov't v. Nat'l Archives & Records Serv., 656 F.2d 856, 867-68 (D.C. Cir. 1981); Durham v. U.S. Atty. Gen., No. 06843, 2008 WL 620744, at *2 (E.D. Tex. Mar. 3, 2008); Cozen O'Connor v. U.S. Dep't of Treasury, 570 F. Supp. 2d 749, 776 (E.D. Pa. 2008).

7 7 4
4

V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

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

Admin

3

24

20

7

BVA

2

16

16

2

C&LA

2

34

33

3

CFM

71

75

75

71

GC

17

117

114

20

HRM

18

12

23

7

IG

16

369

360

25

MGMT

3

18

16

5

NCA

7

62

39

30

OAL

14

267

242

39

OASHRA

5

10

5

10

OASP&IA

9

16

8

17

ODASB

2

1

3

0

ODASIA

33

5

35

3

ODI

0

2

1

1

OF

0

21

20

1

OIT

34

259

255

38

ORM

2

29

30

1

OSDBU

3

19

18

4

OSP

0

5

5

0

P&P

1

2

2

1

PA

3

9

4

8

SEC

39

84

89

34

VBA

1,085

2,107

2,655

537

VHA

1,047

24,446

23,914

1,579

AGENCY OVERALL

2,416

28,009

27,982

2,443

Although VA indicated in its FY 2013 Annual Report a different number then above, the figure denoted in this chart is correct. The difference is attributed to the following: 1) in some instances the office did not show requests that were in fact completed in FY 2013 as completed in VA’s FOIA tracking system until after the FY 2013 report was finalized, and 2) there were some discrepancies in accounting.

V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / Component

Number of Full Grants

Number Number of of Partial Full Denials Grants / Based on
Partial Exemptions Denials

No Records

Number of Full Denials Based on Reasons Other than Exemptions

All Records Referred to Request
Another Withdrawn Component or Agency

FeeRelated Reason

Records not Improper Reasonably FOIA Described Request
for Other Reason

Not Agency Record

Duplicate Request

Other *Explain in Chart Below

TOTAL

Admin

5

5

1

4

3

0

1

0

0

0

1

0

20

BVA

7

5

2

0

2

0

0

0

0

0

0

0

16

C&LA

4

0

0

28

0

1

0

0

0

0

0

0

33

CFM

12

17

7

8

0

9

15

0

0

0

7

0

75

GC

27

49

14

8

0

2

6

2

0

0

6

0

114

HRM

2

1

1

12

0

6

1

0

0

0

0

0

23

IG

32

214

39

47

5

5

1

3

0

11

3

0

360

MGMT

12

0

0

3

0

0

0

0

0

0

1

0

16

NCA

15

9

1

6

0

1

0

0

0

0

7

0

39

OAL

79

103

8

18

0

3

12

4

0

0

15

0

242

OASHRA

3

1

0

1

0

0

0

0

0

0

0

0

5

OASP&IA

5

1

0

2

0

0

0

0

0

0

0

0

8

ODASB

3

0

0

0

0

0

0

0

0

0

0

0

3

ODASIA

1

0

0

34

0

0

0

0

0

0

0

0

35

ODI

1

0

0

0

0

0

0

0

0

0

0

0

1

OF

12

1

0

0

0

7

0

0

0

0

0

0

20

OIT

58

38

18

51

0

32

5

12

0

0

41

0

255

ORM

5

8

12

4

0

0

0

0

0

0

0

1

30

OSDBU

4

4

0

4

0

3

3

0

0

0

0

0

18

OSP P&P PA SEC VBA VHA
AGENCY OVERALL

0 2 3 31 530 11,641
12,494

1 0 0 5 1,896 5,984
8,342

3 0 0 1 63 4,977
5,147

1 0 0 44 102 862
1,239

0

0

0

0

0

0

0

1

0

0

2

1

0

12

1

0

228

98

10

312

144

0

0

0

0

0

5

0

0

0

0

0

2

0

0

0

0

0

4

2

0

0

3

0

89

33

0

0

17

1 2,655

34

0

0

86

4 23,914

90

0

11

187

6 27,982

V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / Component

Description of "Other" Reasons for Denials from Chart B(1)

Number of Times "Other" Reason Was Relied Upon

TOTAL

ORM

Requestor died before request was completed

1 1

VBA

Subsumed by Litigation

1 1

VHA
AGENCY OVERALL

Requestor died before request was completed Subsumed by Litigation

3 4
1
6

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Department of Veterans Affairs FREEDOM OF INFORMATION ACT