Leak referrals and consultations (Food and Drug Administration)

Reference: FDA1953733

Dear Requester,

This is to confirm that you submitted a request for record(s) from the Food and Drug Administration pursuant to the Freedom of Information Act.

FOIA staff will review your request to determine whether it has sufficient information to be processed; if so, you will receive another email as a formal acknowledgement of your request, with a control number for your request.

If your request is not sufficiently described, or if there are any other deficiencies with your submission, FOIA staff will contact you via telephone or email.

Re: Confirmation # FDA1953733
In Reply refer to: 2019-4994

The Food and Drug Administration (FDA) has received your Freedom of Information Act (FOIA) request for records regarding:

Copies of documents, including but not limited to emails, memos, letters, reports, briefs and call logs, referring to, discussing or generated as a result of referrals to and consultations with the Federal Bureau of Investigation and other components of the Department of Justice (Criminal Division, Civil Division, National Security Division, the Attorney General's office, etc.), regarding instances of unauthorized disclosures of information (AKA leaks) for investigation and/or prosecution between January 20, 1981 (or the date of creation of this agency, whichever came first) and the present.

Original Subject: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: Copies of documents, including but not limited to emails, memos, letters, reports, briefs and call logs, referring to, discussing or generated as a result of referrals to and consultations with the Federal Bureau of Investigation and other components of the Department of Justice (Criminal Division, Civil Division, National Security Division, the Attorney General's office, etc.), regardin...

We will respond as soon as possible and may charge you a fee for processing your request. If your informational needs change, and you no longer need the requested records, please contact us to cancel your request, as charges may be incurred once processing of your request has begun. For more information on processing fees, please see http://www.fda.gov/RegulatoryInformation/FOI/FOIAFees/default.htm.

If you have any questions about your request, please call Sarah B. Kotler, Director, Division Of Freedom Of Information at (301) 796-8976 or write to us at: (http://www.fda.gov/RegulatoryInformation/FOI/FOIAFees/default.htm)

Division of Freedom of Information, U.S. Food and Drug Administration
5630 Fishers Lane, Room 1035
Rockville, MD 20857
Fax:(301)827-9267

You also have the right to seek dispute resolution services from:

FDA FOIA Public Liaison
Office of the Executive Secretariat
5630 Fishers Lane, Room 1050
Rockville, MD 20857

E-Mail: FDAFOIA@fda.hhs.gov and/or:

Office of Government Information Services
National Archives and Administration
8601 Adelphi Road ? OGIS
College Park, MD 20740-6001

Telephone: 202-741-5770
Toll-Free: 1-877-684-6448
E-mail: ogis@nara.gov
Fax: 202-741-5769

June 19, 2019

Dear Requestor,

After a diligent search of our files, the Office of Criminal Investigations (OCI) of the Office of Regulatory Affairs (ORA) of the Food and Drug Administration (FDA) was unable to locate any records responsive to your request 2019-4994, dated June 12, 2019, regarding:

Copies of documents, including but not limited to emails, memos, letters, reports, briefs and call logs, referring to, discussing or generated as a result of referrals to and consultations with the Federal Bureau of Investigation and other components of the Department of Justice (Criminal Division, Civil Division, National Security Division, the Attorney General's office, etc.), regarding instances of unauthorized disclosures of information (AKA leaks) for investigation and/or prosecution between January 20, 1981 (or the date of creation of this agency, whichever came first) and the present.

OCI has no way to search for such records; perhaps DOJ may have the capability and/or responsive records. The Office of Criminal Investigations considers your request closed. If you have any questions regarding this response, you may contact Fran Seiner at 301-821-2089.

You have the right to appeal this determination. By filing an appeal, you preserve your rights under FOIA and give the agency a chance to review and reconsider your request and the agency's decision. Your appeal must be mailed within 90 days from the date of this response, to:

Agency Chief FOIA Officer
U.S. Department of Health and Human Services
Office of the Assistant Secretary for Public Affairs
200 Independence Avenue, S.W.
Room 729H
Washington, DC 20201
E-mail: FOIARequest@PSC.hhs.gov<mailto:FOIARequest@PSC.hhs.gov>

Please clearly mark both the envelope and your letter, or e-mail: "FDA Freedom of Information Act Appeal."

If you would like to discuss our response before filing an appeal to attempt to resolve your dispute without going through the appeals process, please contact Fran Seiner at Office of Criminal Investigations.

You may also contact the FDA FOIA Public Liaison for assistance at:

Office of the Executive Secretariat

U.S. Food & Drug Administration

5630 Fishers Lane, Room 1050

Rockville, MD 20857

E-mail: FDAFOIA@fda.hhs.gov<mailto:FDAFOIA@fda.hhs.gov>.

If you are unable to resolve your FOIA dispute through the releasing agency or the FOIA Public Liaison's office, the Office of Government Information Services (OGIS) - Federal FOIA Ombudsman offers mediation services to help resolve disputes between FOIA requesters and Federal agencies. The contact information for OGIS is as follows:

Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road-OGIS
College Park, MD 20740-6001
Telephone: 202-741-5770
Toll free: 877-684-6448
Facsimile: 202-741-5769
E-mail: ogis@nara.gov<mailto:ogis@nara.gov>

Sincerely,

Frances M. Seiner
OCI FOIA Officer