Section IV: Steps Taken to Greater Utilize Technology

A key component of FOIA administration is using technology to make information available to the public and to gain efficiency in FOIA processing.  The Attorney General’s 2022 FOIA Guidelines emphasize the importance of making FOIA websites easily navigable and complying with the FOIA.gov interoperability requirements.  Please answer the following questions to describe how your agency is using technology to improve its FOIA administration and the public's access to information.

1. Has your agency reviewed its FOIA-related technological capabilities to identify resources needed to respond to current and anticipated FOIA demands?

Yes.

2. Please briefly describe any new types of technology your agency uses to support your FOIA program.  

In 2025, HHS FOIA Offices continued to review their FOIA-related technological capabilities and either implement or explore the use of new technologies. In 2026, HHS plans to consolidate six of the nine FOIA Requester Service Centers—OS, ARPA-H, HRSA, IHS, NIH, and SAMHSA—into a single, unified data processing and tracking system. This consolidation will enhance transparency and reporting consistency and improve the Department’s ability to manage FOIA workload efficiently across the HHS FOIA enterprise. The Department also testing capabilities of a centralized portal for posting proactive disclosures and frequently requested records. 

OS and CMS are exploring the use of artificial intelligence (AI) to improve review and processing of responsive records.  All the Department’s work with AI is consistent with federal AI governance principles, including human oversight and accountability.  All AI outputs will be tested and reviewed by qualified FOIA professionals.

OS is piloting an artificial intelligence/large language model (AI/LLM)-based automated review and redaction solution. This pilot is designed to assess the effectiveness of AI in conducting responsiveness determinations and identifying applicable FOIA exemptions during the review process. If successful, OS anticipates that this tool will enhance review efficiency, improve response times, and contribute to reducing the FOIA backlog, while maintaining appropriate oversight and quality control.

CMS continues to look across systems and redaction tools to explore the use of AI to better leverage technology and increase automation as a part of modernization efforts.  As previously shared, in FY25, CMS continued to make significant updates to its FOIA workflow management system to improve usability and improve data and reporting management through litigation tracking and connecting similar FOIA requests for more expeditious processing.  They continue to build a proof-of-concept pilot in collaboration with CMS’s Office of Information Technology for disclosure analysis that harnesses the power of AI to better automate and assist the analysis in reviewing and redacting large volumes of documents.  The pilot focuses on three key FOIA exemptions particularly applicable to CMS records (i.e., (b)(4), (b)(6), and (b)(7)(C).  CMS will begin usability testing with analysts in early FY26.

FDA initiated pre-case assessments through eDiscovery, to quickly make determinations about the location and volume of potentially responsive records. FDA transitioned to a new FOIA platform that supports FOIA tracking, processing, billing, and provides extensive data analysis. FDA continues to develop technological updates to assist with redacting record types that are unique to FDA.

OIG FOIA successfully transitioned to a new FOIA case management system in 2024.  During 2025, OIG found that this transition has allowed them to better meet the needs of FOIA professionals and requesters. 

3. Does your agency currently use any technology to automate record processing? For example, does your agency use machine learning, predictive coding, technology assisted review or similar tools to conduct searches or make redactions?  If so, please describe and, if possible, estimate how much time and financial resources are saved since implementing the technology.

As mentioned previously, HHS plans to consolidate six of the nine FOIA Requester Service Centers—OS, ARPA-H, HRSA, IHS, NIH, and SAMHSA—into a single, unified data processing and tracking system. This consolidation will enhance transparency and reporting consistency and improve the Department’s ability to manage FOIA workload efficiently across the HHS FOIA enterprise. 

OS is piloting an AI/LLM-based automated review and redaction solution. This pilot is designed to assess the effectiveness of AI in conducting responsiveness determinations and identifying applicable FOIA exemptions during the review process. If successful, OS anticipates that this tool will enhance review efficiency, improve response times, and contribute to reducing the FOIA backlog, while maintaining appropriate oversight and quality control.

CMS FOIA staff utilize a variety of technology tools to make record processing more efficient. The public portals have significantly streamlined CMS’s FOIA intake process.  Updates were made to the portal to interface with the SWIFT system, which has improved search and data reporting capabilities. CMS also use e-discovery tools (e.g., Microsoft Purview Advanced eDiscovery and Relativity) for more efficient email record searches and to more quickly identify and de-dupe documents for litigation cases.  Further, CMS is collaborating with our Office of Information Technology to build a disclosure analysis tool using machine learning and artificial intelligence.

FDA expanded its use of commercial eDiscovery tools for both FOIA processing and litigation.

NIH FOIA licensed video review software that automatically identifies and tracks features such as faces in a video recording and redacts them for the duration of the recording. The software also permits the simultaneous review of six parallel videos at any given time, allowing for greater efficiency when redacting video.

 4. 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 FOIA Offices review their agency’s FOIA websites on a regular basis to ensure that these websites contain up to date FOIA libraries; instructions for making a request or inquiring about an existing request; the most recent reports related to the administration of FOIA; and helpful FOIA resources including links to the FOIA statute, the Department’s FOIA regulations, and the DOJ FOIA Guide.  These websites are also regularly updated to reflect changes in the FOIA process or new contact information, and to make sure that all links are up to date.  Furthermore, all OpDivs contain a clear link to their respective FOIA websites on their agency homepages. 

5. Did all four of your agency's quarterly reports for Fiscal Year 2025 appear on FOIA.gov?

No.

6. If your agency did not successfully post all quarterly reports on FOIA.gov, please explain why and provide your agency’s plan for ensuring that such reporting is successful in Fiscal Year 2026.

The Department is transitioning to a new tracking system which has delayed the posting of quarter 4 data.  This information will be posted as soon as it is available. 

7. 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 2024 Annual FOIA Report and, if available, for your agency’s Fiscal Year 2025 Annual FOIA Report.

⁠Fiscal Year 2024 Annual FOIA Report

8. In February 2019, DOJ and OMB issued joint Guidance establishing interoperability standards to receive requests from the National FOIA Portal on FOIA.gov. Are all components of your agency in compliance with the guidance?

Yes, all HHS agencies are compliant with the 2019 guidance establishing interoperability standards for receiving requests from the National FOIA Portal on FOIA.gov. 

9. Optional -- Please describe the best practices used in greater utilizing technology and any challenges your agency faces in this area.