Covid-19 Omicron Variant (Federal Data and Scientific Models) (Centers for Disease Control and Prevention)

Erin Marie Miller filed this request with the Centers for Disease Control and Prevention of the United States of America.
Tracking #

2022-00099-A-PHS

22-00656-FOIA

Multi Request Covid-19 Omicron Variant (Federal Data and Scientific Models)
Est. Completion Feb. 10, 2022
Status
Awaiting Appeal

Communications

From: Erin Marie Miller

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

1. All data, statistics, and scientific models related to the Omicron variant (sometimes referred to as B.1.1.529, GR/484A, or 21K) of the COVID-19 (SARS-CoV-2) virus in your agency's possession between 10/1/2021 and the date this request is ultimately processed. Please make sure to include attachments to any emails that might be included in the responsive documents for this request.

The requested documents and information will be made available to the general public, and this request is not being made for commercial purposes.

In order to help determine my status to assess fees, you should know that I am a freelance journalist whose work is frequently published in print and online by news outlets and magazines at the local, regional and national levels. As a member of the media, I request a waiver of all fees.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I am willing to pay up to $25 for the requested information. If there is a fee that exceeds that amount, please notify me prior to initiating work on the request.

I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Erin Miller

From: Centers for Disease Control and Prevention

Dear Miller,Erin,
The status of your FOIA request #22-00656-FOIA has been updated to the following status 'Received'. To log into the CDC FOIA Public Access Link click on the Application URL below.
https://foia.cdc.gov/
Sincerely,
Centers for Disease Control and Prevention / Agency for Toxic Substances and Disease Registry

From: Centers for Disease Control and Prevention

Dear Erin Miller,

Case Number 22-00656-FOIA has been assigned to the request you submitted. In all future correspondence regarding this request please reference case number 22-00656-FOIA.

Regards,
Centers for Disease Control and Prevention / Agency for Toxic Substances and Disease Registry

From: Centers for Disease Control and Prevention

January 10, 2022

Request Number: 22-00656-FOIA

Dear Ms. Miller: This is regarding your Freedom of Information Act (FOIA) request of January 6, 2022, for To Whom It May Concern:Pursuant to the Freedom of Information Act, I hereby request the following records:1. All data, statistics, and scientific models related to the Omicron variant (sometimes referred to as B.1.1.529, GR/484A, or 21K) of the COVID-19 (SARS-CoV-2) virus in your agency's possession between 10/1/2021 and the date this request is ultimately processed. Please make sure to include attachments to any emails that might be included in the responsive documents for this request.The requested documents and information will be made available to the general public, and this request is not being made for commercial purposes.In order to help determine my status to assess fees, you should know that I am a freelance journalist whose work is frequently published in print and online by news outlets and magazines at the local, regional and national levels. As a member of the media, I request a waiver of all fees.In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I am willing to pay up to $25 for the requested information. If there is a fee that exceeds that amount, please notify me prior to initiating work on the request.I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.Sincerely,Erin MillerUpload documents directly: https://www.muckrock.com/

Please see the attached letter.

Sincerely,
CDC/ATSDR FOIA Office
770-488-6399

From: Centers for Disease Control and Prevention

January 12, 2022

Request Number: 22-00656-FOIA

Dear Ms. Miller: This is regarding your Freedom of Information Act (FOIA) request of January 6, 2022, for To Whom It May Concern:Pursuant to the Freedom of Information Act, I hereby request the following records:1. All data, statistics, and scientific models related to the Omicron variant (sometimes referred to as B.1.1.529, GR/484A, or 21K) of the COVID-19 (SARS-CoV-2) virus in your agency's possession between 10/1/2021 and the date this request is ultimately processed. Please make sure to include attachments to any emails that might be included in the responsive documents for this request.The requested documents and information will be made available to the general public, and this request is not being made for commercial purposes.In order to help determine my status to assess fees, you should know that I am a freelance journalist whose work is frequently published in print and online by news outlets and magazines at the local, regional and national levels. As a member of the media, I request a waiver of all fees.In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I am willing to pay up to $25 for the requested information. If there is a fee that exceeds that amount, please notify me prior to initiating work on the request.I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.Sincerely,Erin MillerUpload documents directly: https://www.muckrock.com/

Please see the attached letter.

Sincerely,
CDC/ATSDR FOIA Office
770-488-6399

From: Erin Marie Miller

Hello,

Regarding the determination letter for Request Number: 22-00656-FOIA asking which type of information I'm looking for: I am seeking any of the requested records that were used while deciding public health policy making and guidance related to the Covid-19 Omicron variant.

Thank you,

Erin Miller

From: Centers for Disease Control and Prevention

February 14, 2022

Request Number: 22-00656-FOIA

Dear Ms. Miller: This is regarding your Freedom of Information Act (FOIA) request of January 6, 2022, for To Whom It May Concern:Pursuant to the Freedom of Information Act, I hereby request the following records:1. All data, statistics, and scientific models related to the Omicron variant (sometimes referred to as B.1.1.529, GR/484A, or 21K) of the COVID-19 (SARS-CoV-2) virus in your agency's possession between 10/1/2021 and the date this request is ultimately processed. Please make sure to include attachments to any emails that might be included in the responsive documents for this request.The requested documents and information will be made available to the general public, and this request is not being made for commercial purposes.In order to help determine my status to assess fees, you should know that I am a freelance journalist whose work is frequently published in print and online by news outlets and magazines at the local, regional and national levels. As a member of the media, I request a waiver of all fees.In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I am willing to pay up to $25 for the requested information. If there is a fee that exceeds that amount, please notify me prior to initiating work on the request.I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.Sincerely,Erin MillerUpload documents directly: https://www.muckrock.com/

Please see the attached letter.

Sincerely,

CDC/ATSDR FOIA Office
770-488-6399

From: Erin Marie Miller

Deputy Agency Chief FOIA Officer,
Office of the Assistant Secretary for Public Affairs,
U.S. Department of Health and Human Services

Re: Freedom of Information Act Appeal

To Whom It May Concern:

This is an appeal under the Freedom of Information Act.

On Jan. 6, 2022, I requested documents under the Freedom of Information Act. My request was assigned the following identification number: CDC FOIA Request Number: 22-00656-FOIA.

On January 12, 2022, I received a communication from Paula Thomas, CDC/ATSDR FOIA Office, Office of the Chief Operating Officer, letting me know that my request had been placed on hold until the agency received further clarification about my request. I was given 20 days to respond.

On January 17, 2022, I provided the following clarification to Ms. Thomas via the CDC FOIA portal: "I am seeking any of the requested records that were used while deciding public health policy making and guidance related to the Covid-19 Omicron variant." Obviously, my response was submitted to the CDC five days later -- well within the allotted 20-day response time.

On February 14, 2022, I received a communication from Roger Andoh, CDC/ATSDR FOIA Officer, Office of the Chief Operating Officer, informing me that because the agency had not received a response from me, my request had been administratively closed.

I appeal the administrative closure and denial of my request.

The documents that were withheld must be disclosed under the FOIA because I did respond to Ms. Thomas' request for clarification about the specific records I was seeking. (See screenshots of my response to Ms. Thomas in the CDC FOIA portal.) The agency failed to acknowledge my response and instead closed my request improperly, citing inaccurate information related to my request.

I have attached screenshots of my response to Ms. Thomas as evidence that I did, in fact, respond to the agency within the required 20 days.

My response is also available for your direct review in the CDC FOIA portal, through which the request was made. Because this request, and its subsequent response, were made within the CDC FOIA portal, there is no reason the CDC should not have received my response. If my response was not sufficiently clear to the CDC FOIA office, that should have been communicated to me prior to the closure of the request.

If you have any questions while handling this appeal, please provide me with a phone number where I can reach you. You can also email me at the email address listed below. I would prefer that all communications related to this appeal are in writing.

Thank you for your consideration of this appeal.

Sincerely,

Erin Miller
MuckRock News DEPT MR 122317
411A Highland Avenue
Somerville, Massachusetts 02144-2516
Via email: requests@muckrock.com

From: Centers for Disease Control and Prevention

Dear Erin Miller: Please see the attached acknowledgement letter for information concerning your FOIA matter. The tracking number for your appeal of CDC request 22-00656-FOIA is 2022-00099-A-PHS. For status updates or other inquiries, please contact our office via email FOIARequest@hhs.gov Sincerely, Jonathan Nelson

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