Wolfe v. Department of Health and Human Services

Citations: 539 F. Supp. 276; 8 Media L. Rep. (BNA) 1649; 1982 U.S. Dist. LEXIS 12607Docket: Civ. A. 81-2494

Court: District Court, District of Columbia; May 7, 1982; Federal District Court

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

A legal action was initiated under the Freedom of Information Act (FOIA) by Sidney M. Wolfe, M.D. and Public Citizens Health and Research Group against the Department of Health and Human Services (HHS) for access to a report prepared by President-elect Reagan's transition team. HHS denied the request, arguing the report was prepared by the Office of the President-elect and had not been integrated into HHS's records. The case is being considered for summary judgment motions from both parties, with no significant factual disputes present.

The HHS transition team, established in November 1980, completed its report by December 22, 1980. Copies were distributed to key figures, including then-Senator Richard Schweiker and his staff, but these copies were kept separate from HHS records and remained unused by HHS employees since January 20, 1981, except for litigation purposes. HHS contends the report does not qualify as an "agency record" under FOIA, citing the precedent set in Kissinger v. Reporters Committee for Freedom of the Press, where the Supreme Court ruled that documents not generated or controlled by an agency do not constitute its records. The court emphasized that the physical possession of documents does not determine agency status if they were never utilized by the agency. Plaintiffs argue the report's relevance to future HHS policy distinguishes it from the personal nature of Kissinger's notes, but the court's earlier ruling focused on the lack of agency acquisition or control over the documents.

Plaintiffs assert that the HHS transition team report qualifies as an agency record under FOIA due to its potential availability to HHS employees and its influence on agency operations. However, the Supreme Court in Forsham v. Harris clarified that mere government access to records does not meet FOIA disclosure criteria. The plaintiffs reference the Federal Records Act, Records Disposal Act, and Presidential Records Act to argue for broader definitions of agency records. However, these statutes limit agency records to documents "made or received by an agency" or the President, contradicting the plaintiffs' position. They further argue that the report's segregation by Newhall, under the transition team's instructions, was an attempt to avoid FOIA disclosure, citing a precedent from Kissinger. Nonetheless, the court finds that the HHS transition team report was never part of HHS records, as officials prioritized the confidentiality of the transition process to enhance the advice available to the President-elect. This determination aligns with the exemption for the Office of the President under Nixon v. Sampson, reinforcing that the action was consistent with FOIA's intent. The court denies the plaintiffs' motion for partial summary judgment and grants summary judgment for the defendant. Additionally, the plaintiffs did not claim that the transition teams were separate agencies, and the court notes that FOIA does not apply to advisory units within the Executive Office of the President. The conclusion that HHS did not control the report aligns with precedents in the circuit.