DAEO Records Relating to Political Appointees (Food and Drug Administration)
| Tracking # |
2018-00345-FOIA-OS 2018-00348-FOIA-OS |
| Submitted | May 4, 2017 |
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Communications
From: Nick Surgey
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Records in the possession of the Designated Agency Ethics Official(s). Please provide copies of any emails, consulting notes, counseling notes, or other written records pertaining to political appointees hired since January 20, 2017.
The Center for Media and Democracy is entitled to a fee waiver because it is a news media organization, and because this request for records concerns activities or operations of the government. Disclosure of the requested records will likely increase public understanding of government operations since CMD has the ability and the intention, through the means described below, to effectively convey information contained within the requested records to a broad public audience. Founded in 1993, CMD’s investigative research and reporting has appeared in local and national publications such as the New York Times, the Guardian, and the Washington Post. CMD documents key facts in order to reveal the impact of policies on ordinary people, and has received various awards for its investigative reporting. In addition to using the information from this FOIA request to generate news stories, CMD would distribute information obtained and inform the public at large through various online platforms. CMD publishes information and investigative findings on a near daily basis through CMD’s reporting websites, PRWatch and ExposedbyCMD.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
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 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,
Nick Surgey
From: Kotler, Sarah
Dear Mr. Surgey,
FDA received your faxes seeking records regarding political appointees hired since 1/20/17. As you may know, FDA's only political appointee is the Commissioner. At this point, the Senate has not confirmed the administration's candidate for FDA Commissioner. Please call me to discuss how this impacts your requests.
Thanks,
Sarah B. Kotler, J.D.
Director
Office of the Executive Secretariat
Division of Freedom of Information
U.S. Food and Drug Administration
Tel: 301-796-8976
Sarah.Kotler@fda.hhs.gov<mailto:Sarah.Kotler@fda.hhs.gov>
[cid:image001.png@01D1C57E.DFA022A0]<http://www.fda.gov/>
[cid:image002.jpg@01D1C57E.DFA022A0]<https://www.facebook.com/FDA> [cid:image003.jpg@01D1C57E.DFA022A0] <https://twitter.com/US_FDA> [cid:image004.jpg@01D1C57E.DFA022A0] <http://www.youtube.com/user/USFoodandDrugAdmin> [cid:image005.jpg@01D1C57E.DFA022A0] <http://www.flickr.com/photos/fdaphotos/> [cid:image006.jpg@01D1C57E.DFA022A0] <http://www.fda.gov/AboutFDA/ContactFDA/StayInformed/RSSFeeds/default.htm>
From: Nick Surgey
Thank you for your response. I was not aware that there were no other political appointees at FDA, but in that case you may narrow this request to be for records relating to the ethics review of Dr. Scott Gottlieb only.
Does that help clarify sufficiently?
Nick Surgey
From: Kotler, Sarah
Yes, thanks. It’s possible, however, that this Ethics review is being conducted by HHS, and not FDA. In my experience, the review for employees at that level is conducted by the HHS Ethics Office. If that’s the case, I will refer the request to HHS’s FOIA Office.
Sarah B. Kotler, J.D.
Director
Office of the Executive Secretariat
Division of Freedom of Information
U.S. Food and Drug Administration
Tel: 301-796-8976
Sarah.Kotler@fda.hhs.gov<mailto:Sarah.Kotler@fda.hhs.gov>
[cid:image001.png@01D1C57E.DFA022A0]<http://www.fda.gov/>
[cid:image002.jpg@01D1C57E.DFA022A0]<https://www.facebook.com/FDA> [cid:image003.jpg@01D1C57E.DFA022A0] <https://twitter.com/US_FDA> [cid:image004.jpg@01D1C57E.DFA022A0] <http://www.youtube.com/user/USFoodandDrugAdmin> [cid:image005.jpg@01D1C57E.DFA022A0] <http://www.flickr.com/photos/fdaphotos/> [cid:image006.jpg@01D1C57E.DFA022A0] <http://www.fda.gov/AboutFDA/ContactFDA/StayInformed/RSSFeeds/default.htm>
From: Kotler, Sarah
To confirm, your request will be referred to HHS, as that is the agency handling the Ethics review.
Thanks,
Sarah B. Kotler, J.D.
Director
Office of the Executive Secretariat
Division of Freedom of Information
U.S. Food and Drug Administration
Tel: 301-796-8976
Sarah.Kotler@fda.hhs.gov<mailto:Sarah.Kotler@fda.hhs.gov>
[cid:image001.png@01D1C57E.DFA022A0]<http://www.fda.gov/>
[cid:image002.jpg@01D1C57E.DFA022A0]<https://www.facebook.com/FDA> [cid:image003.jpg@01D1C57E.DFA022A0] <https://twitter.com/US_FDA> [cid:image004.jpg@01D1C57E.DFA022A0] <http://www.youtube.com/user/USFoodandDrugAdmin> [cid:image005.jpg@01D1C57E.DFA022A0] <http://www.flickr.com/photos/fdaphotos/> [cid:image006.jpg@01D1C57E.DFA022A0] <http://www.fda.gov/AboutFDA/ContactFDA/StayInformed/RSSFeeds/default.htm>
From: Kotler, Sarah
Dear Requester,
Your request has been referred to the FOIA Office of the Department of Health and Human Services, as that agency maintains the records you are seeking. Contact information for that office is available at: https://www.hhs.gov/foia/faqs/index.html.
Please contact me directly if you have any questions at 301-796-8976 or Sarah.Kotler@fda.hhs.gov. You may also contact the FDA FOIA Public Liaison, Office of the Executive Secretariat, 5630 Fishers Lane, Room 1050, Rockville, MD 20857; email: FDAFOIA@fda.hhs.gov<mailto:FDAFOIA@fda.hhs.gov>.
Sincerely,
Sarah B. Kotler, J.D.
Director
Office of the Executive Secretariat
Division of Freedom of Information
U.S. Food and Drug Administration
Tel: 301-796-8976
Sarah.Kotler@fda.hhs.gov<mailto:Sarah.Kotler@fda.hhs.gov>
[cid:image001.png@01D1C57E.DFA022A0]<http://www.fda.gov/>
[cid:image002.jpg@01D1C57E.DFA022A0]<https://www.facebook.com/FDA> [cid:image003.jpg@01D1C57E.DFA022A0] <https://twitter.com/US_FDA> [cid:image004.jpg@01D1C57E.DFA022A0] <http://www.youtube.com/user/USFoodandDrugAdmin> [cid:image005.jpg@01D1C57E.DFA022A0] <http://www.flickr.com/photos/fdaphotos/> [cid:image006.jpg@01D1C57E.DFA022A0] <http://www.fda.gov/AboutFDA/ContactFDA/StayInformed/RSSFeeds/default.htm>
From: Food and Drug Administration
RE: FOIA Request # 2018-00348-FOIA-OS
April 11, 2018
Dear Nick Surgey,
Attached is the acknowledgement letter to your request.
Sincerely,
Garfield Daley
From: Food and Drug Administration
RE: FOIA Request # 2018-00345-FOIA-OS
April 11, 2018
Dear Nick Surgey,
Attached is the acknowledgement letter to your FOIA request.
Sincerely,
Garfield Daley
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 4, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-00345-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
From: Food and Drug Administration
Hello. Our office sent you a clarification letter via email and have not heard anything back from you. The letter is attached.
Garfield Daley
Government Information Specialist (FOIA)
Assistant Secretary for Public Affairs (ASPA)
Office of Secretary (OS)
Department of Health and Human Services (HHS)
Hubert H. Humphrey (HHH) Bldg., Room 745H.4
Phone: (202) 690-8055
Fax: (202) 690-8320
garfield.daley@hhs.gov<mailto:garfield.daley@hhs.gov>
From: Food and Drug Administration
RE: FOIA Request # 2019-00339-FOIA-OS
May 08, 2019
Dear Nick Surgey,
Responsive records have been received by our office, and records are awaiting review by an analyst.
Sincerely,
Kaira Wells
From: Food and Drug Administration
RE: FOIA Request # 2018-00348-FOIA-OS
May 08, 2019
Dear Nick Surgey,
Responsive records have been received by our office and records are awaiting review by an analyst.
Sincerely,
Kaira Wells
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 4, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-00345-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
From: Food and Drug Administration
RE: FOIA Request # 2018-00345-FOIA-OS
August 29, 2019
Dear Nick Surgey,
Attached is the clarification letter to your FOIA request.
Sincerely,
Kaira Wells
From: Nick Surgey
Thank you for your letter dated August 29 2019.
You have asked for more specificity as to what person's records should be searched. As described in the request dated May 4, 2017, this request is for records in the possession of the agency Designated Agency Ethics Official (DAEO). A search should also include records in the position of any Alternate Designated Agency Ethics Officials (ADAEO). These are prescribed positions under the CFR. DAEO is under 5 C.F.R. part 2638, and ADAEO under 5 C.F.R. § 2638.603.
The names of the people in these roles were previously published online by OGE, but this appears to no longer be the case. See: https://www.oge.gov/web/oge.nsf/0/210CC9F77D24B686852583C9004F6E34/$FILE/Program%20Advisory19x04.pdf
However, details of what persons are in those roles is information that your agency should be aware of, and so it is reasonable that you can identify the person/s which this request should be concerned with.
It is a within the role of the DAEO and ADAEO to provide ethics advice to and review of political appointees within the agency. Therefore it is reasonable to ask for any records in the possession of these individuals that pertain to such political appointees as part of this role.
In terms of date range, it should be January 20, 2017 until the date that a response is provided.
Please don't hesitate to contact me if this remains unclear.
Nick Surgey
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 4, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-00345-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 4, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-00345-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 4, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-00345-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 4, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-00345-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 4, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-00345-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 4, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-00345-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on May 4, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-00345-FOIA-OS.
Thanks for your help, and let me know if further clarification is needed.
From: Food and Drug Administration
Hello and good morning, Mr. Surgey. This email pertains to your status inquiry regarding the above FOIA request. The HHS FOIA office sent you a clarification letter in 2018 and we did not receive a response from you. I am attaching the letter to this email and hope that you can provide additional information to this office to perform an adequate search for responsive records. If our office does not receive a response from you, then your request will be closed. If you have any questions, please contact me via email. Thanks
Garfield Daley
Government Information Specialist
Assistant Secretary for Public Affairs (ASPA)
Office of Secretary (OS)
Department of Health and Human Services (HHS)
Hubert H. Humphrey (HHH) Bldg., Room 74G.1
Phone: (202) 690-8055 ; Fax: (202) 690-8320 ; garfield.daley@hhs.gov<mailto:garfield.daley@hhs.gov>
From: Food and Drug Administration
2018-01312-FOIA-OS Requesting copies of the signed ethics pledges required under the Executive Order issued by President Trump on January 28, 2017 titled "Ethics Commitments By Executive Branch Appointees," for all political appointees hired since January 20, 2017.Copies of any written waivers relating to the ethics pledge required under the Executive Order issued by President Trump on January 28, 2017 titled "Ethics Commitments by Executive Branch Appointees." (Date Range for Record Search: From 1/20/2017 To 7/25/2018)
Dear . Nick Surgey, I am writing in regard to your above referenced Freedom of Information Act (FOIA) request dated: July 25, 2018 I apologize for the delay in responding to your request as we have a backlog of files.
I’m writing now to ask if you are still interested in pursuing your request. Please let me know by October 07, 2021, whether you are. If we have not heard from you by that date, we will assume you are no longer interested in pursuing your request and the file will be closed.
Should you have any questions, please feel free to contact me at: Emily.Blitzer@hhs.gov Emily Blitzer
From: Food and Drug Administration
2017-00732-FOIA-OS This is a Referral from FDA regarding Dr. Gottlieb ethics review Dear Nick Surgey,
I am writing in regard to your above referenced Freedom of Information Act (FOIA) request dated: May 09, 2017, submitted to the Food and Drug Administration. I apologize for the delay in responding to your request as we have a backlog of files. I’m writing now to ask if you are still interested in pursuing your request. Please let me know by May 09, 2022, whether you are. If we have not heard from you by that date, we will assume you are no longer interested in pursuing your request and the file will be closed. Should you have any questions, please feel free to contact me at: natasha.taylor@hhs.gov Natasha Taylor
From: Nick Surgey
Natasha
As we approach the 5 year mark for this fairly contained and straightforward request - which I note is beyond the statutory 20 days response time - this information is no longer of any use to me as a journalist. I therefore will withdraw it.
Nick Surgey
From: Food and Drug Administration
RE: 2018-00348-FOIA-OS May 23, 2022 Nick Surgey
MuckRock
The response letter and responsive records are available for your review at the below link. The link will expire within 30 days.
https://drive.max.gov/share/d2c440189961a426 Sincerely,
Garfield Daley
FOIA Specialist
Main Office Line: 202-690-7453
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