Email Communications - Omicron and Breakthrough Cases (NIH/NIAID/Fauci) (National Institutes of Health)

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

To Whom It May Concern:

I am writing in regard to FOIA request Case #57582, which was submitted to your agency on 1/5/2022. I never received a determination for my request, and the request appears to have been closed without any explanation from your agency as of 1/6/2022. I was never provided with any responsive documents related to this request, nor was I provided with a determination letter. Please explain.

In the meantime, I am filing an appeal.

Sincerely,

Erin Marie Miller

Just following up on this request closure: I was able to figure out, on my own, that my request is being handled by NIAID rather than NIH. In the future, it might be helpful to let requesters know about that prior to closing the request. Thank you.

APPEAL - Freedom of Information Act

FOIA Officer for NIH
Gorka Garcia-Malene
Building 31 Room 5B35
9000 Rockville Pike
Bethesda, MD 20892

Dear Gorka Garcia-Malene,

This is an APPEAL under the Freedom of Information Act regarding FOIA request Case # 57582.

On Jan. 5, 2022, I requested documents under the Freedom of Information Act from NIH/NIAID pertaining to: "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, including any attachments to those emails; and

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., including any attachments to those emails; and

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, including any attachments to those emails."

On Jan. 6, 2022, I received an acknowledgement that my request had been received by your agency via the FOIA portal.

That was the last time I heard from your agency regarding the status of FOIA request Case # 57582. After that date, I did not receive any messages in my FOIA portal from your staff about the request, nor have I received a formal determination letter regarding the request's approval or denial status.

Today (July 12, 2022) -- half a year later -- I received a notification from your agency letting me know that my request (Case # 57582) has been closed, with no further explanation. I was never provided with the requested documents; nor was I provided with a letter from your agency informing me of the request's status and whether documents are available regarding my request; nor was I provided with any communications from your agency explaining why the request was closed.

That said, I am writing to formally appeal the closure of FOIA request Case # 57582 due to your agency's failure to provide me with a determination letter informing me of my request's approval status, and your agency's failure to provide me with any documents related to my request (or, alternatively, a letter certifying the reason my request was closed, as required by law).

For proof that I have not received any communications or documents from your agency pertaining to this request in the FOIA portal, and that the request was closed without any communications explaining why, please see the attached screenshot of my FOIA account portal, which shows that no communications exist on the request and that no documents were delivered to me via the portal under this request. I believe this is a violation of the FOIA and it must be remedied immediately.

If you have any questions while handling this appeal, you can email me at the email address listed below. I would prefer that all communications related to this appeal be in writing, if possible, for legal purposes and to ensure that all FOIA related communications are included in the public record, in the event that I might need to contact a lawyer.

Thank you for your consideration of this appeal.

Sincerely,

Erin Marie Miller
MuckRock News DEPT MR 122312
411A Highland Ave
Somerville, MA 02144-2516
Phone 6172991832
requests@muckrock.com