Email Communications - Omicron and Breakthrough Cases (NIH/NIAID/Fauci) (National Institute of Allergy and Infectious Diseases (NIAID))

To Whom It May Concern:

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

1. All emails sent to or from Anthony Fauci (NIAID Director/Chief Medical Advisor to the White House) that include the words "Omicron" and/or "B.1.1.529" and/or "GR/484A" and/or "21K" between the dates of 10/1/2021 and the date this request is ultimately processed. Please include any attachments to those emails.

2. All emails sent to or from Anthony Fauci (NIAID Director/Chief Medical Advisor to the White House) that include the word "breakthrough" between the dates of 10/1/2021 and the date this request is ultimately processed. Please include any attachments to those emails.

3. All emails sent to or from Anthony Fauci (NIAID Director/Chief Medical Advisor to the White House) that include the word "effectiveness" between the dates of 10/1/2021 and the date this request is ultimately processed. Please include any attachments to those emails.

None of the search terms cited in this request should be interpreted by your agency as being case sensitive during the search and retrieval process while fulfilling 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

Thank you for your response regarding my FOIA request. I very much appreciate your recommendations. As far as your suggestions for narrowing my search, feel free to narrow my search to the following instead:

- All emails sent by Dr. Fauci between 11/1/2021 and 1/6/2022 containing the terms ("Omicron" OR "B.1.1.529" OR "GR/484A" OR "21K") AND "breakthrough" including all attachments to those emails.

In light of the fact that the responsive documents must be reviewed by such a large number of government officials and agencies before they are provided to me, I would like to ensure that the complete set of responsive documents makes its way to me, even if some of those documents include redactions. To ensure that my request is fulfilled completely, please make sure to specifically certify that no other responsive documents exist beyond those provided by your agency as part of this request at the time of their delivery to me.

Regarding your request for links to prove my status as a freelance journalist, you can view my portfolio at the following link: https://www.erinmariemiller.com/clips

I have previously been classified as a media requester by the CDC under the FOIA and see no reason why my status would be any different with the NIH. Feel free to let me know if you have any questions or need any additional information.

Again, I am willing to pay up to $25 for this request. If the fee exceeds that amount, please notify me for permission prior to beginning work on the request.

Thank you again,

Erin Miller

Hi Robin,

I replied to your email on 1/6/2022, but am including my response to your questions again below. If you need any further information, please feel free to reach out.

As far as your suggestions for narrowing my search, feel free to narrow my search to the following parameters instead:

- All emails sent by Dr. Fauci between 11/1/2021 and 1/6/2022 containing the terms ("Omicron" OR "B.1.1.529" OR "GR/484A" OR "21K") AND "breakthrough" including all attachments to those emails.

In light of the fact that the responsive documents must be reviewed by such a large number of government officials and agencies before they are provided to me, I would like to ensure that the complete set of responsive documents makes its way to me, even if some of those documents include redactions. To ensure that my request is fulfilled completely, please make sure to specifically certify that no other responsive documents exist beyond those provided by your agency as part of this request at the time of their delivery to me.

Regarding your request for links to prove my status as a freelance journalist, you can view my portfolio at the following link: https://www.erinmariemiller.com/clips

I have previously been classified as a media requester by the CDC under the FOIA and see no reason why my status would be any different with the NIH. Feel free to let me know if you have any questions or need any additional information.

Again, I am willing to pay up to $25 for this request. If the fee exceeds that amount, please notify me for permission prior to beginning work on the request.

Thank you again,

Erin Miller

Hello,

I'm contacting your agency regarding FOIA request 57583, which was transferred to NIH Office of the Director's FOIA Office for additional review by Marianne Manheim at NIH on July 22, 2022. Please provide me with an update about the requests's status at your earliest convenience.

Thank you,

Erin Miller

Re: NIH FOI Case No. 57583

Hi Artisha,

In regard to your letter dated May 10, 2024, I am responding to let you know that I am indeed still interested in receiving the information I requested under FOIA request #57583.

As a reminder, my request sought the following information, pursuant to the Freedom of Information Act:

1. All emails sent to or from Anthony Fauci (NIAID Director/Chief Medical Advisor to the White House) that include the words "Omicron" and/or "B.1.1.529" and/or "GR/484A" and/or "21K" between the dates of 10/1/2021 and the date this request is ultimately processed. Please include any attachments to those emails.

2. All emails sent to or from Anthony Fauci (NIAID Director/Chief Medical Advisor to the White House) that include the word "breakthrough" between the dates of 10/1/2021 and the date this request is ultimately processed. Please include any attachments to those emails.

3. All emails sent to or from Anthony Fauci (NIAID Director/Chief Medical Advisor to the White House) that include the word "effectiveness" between the dates of 10/1/2021 and the date this request is ultimately processed. Please include any attachments to those emails.

None of the search terms cited in this request should be interpreted by your agency as being case sensitive during the search and retrieval process while fulfilling 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. Because more than a year has elapsed since my request was submitted on 12/21/2021, I expect that your office will provide all of the requested records at no charge, as required by federal law regardless of my media status.

Because my request was filed over two years ago, I also expect that your office will provide the requested records as soon as possible.

Plese feel free to contact me at this email address if you need any additional information, or if you have any questions. Because this request has taken so long, I prefer that all communications regarding my request be in writing moving forward, in case I need to pursue legal action against your office to obtain the requested records.

Sincerely,

Erin Miller

Hi Yujen,

I received your message on 1/24/2025 letting me know that you had completed NIH FOIA 57583.

Strangely, I am unable to log into the portal to view those documents, even though the request was originally filed via the portal.

Because this FOIA request was originally filed through the NIH portal, the requested documents should also be delivered to me (the requester) via the same portal. I have alerted MuckRock staff to this issue.

Please provide the documents via the same portal they were requested, as you are required to do by law and agency policy.

Thank you,

Erin