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3.3 Proactive Disclosure

Proactive Disclosure of Information of Significant Interest

In an effort to meet the public’s need for information and avert the need to submit FOIA requests, CMS proactively makes appropriate information available on CMS website.   CMS identifies and posts frequently requested information on the website in accordance with applicable laws.  On a semi-annual basis, the Office of Strategic Operations and Regulatory Affairs also sends a data call to all CMS components requesting that they identify information of significant public interest.  The information identified is then posted to CMS website, including our FOIA page (http://www.cms.gov/center/freedom-of-information-act/index.html).   For example, to increase the ability of the public to access, download, and use data sets that are generated by CMS, we were able to integrate the FOIA web and link to over 62 raw data sets and 15 tools on CMS data navigator:  http://www.data.gov.  

The CMS Administrator is committed to this initiative and strongly encourages active CMS component participation.

Proactive Pre-Disclosure Notification for Contracts

CMS has incorporated into its contracts a pre-disclosure notification provision to alert contractors that awarded contracts may be released to the public, and to require the contractor to submit to CMS any proposed redactions (under FOIA disclosure exemptions) within thirty (30) calendar days of the contract award.  This proactive pre-disclosure notification significantly reduces FOIA processing time and allows contracts that are the subject of high public interest or visibility to be released shortly after being awarded.  CMS plans to proactively post awarded contracts at:  http://www.cms.gov/About-CMS/Contracting-With-CMS/ContractingGeneralInformation/

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