Records - Dr. Marion Gruber and Dr. Philip Krause (FDA Office of Vaccines Research and Review)
It is a clone of this request.
| Tracking # |
2022-00403 |
| Submitted | Jan. 7, 2022 |
| Est. Completion | Feb. 21, 2022 |
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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 records related to the retirement, resignation and/or termination of Dr. Marion Gruber, former director of the Office of Vaccines Research and Review at FDA's Center for Biologics Evaluation and Research, including but not limited to drafts and final copies of any separation or retirement agreements. Please make sure to also include all attachments to any emails.
2. All records related to the retirement, resignation and/or termination of Dr. Philip Krause, former deputy director of the Office of Vaccines Research and Review at FDA's Center for Biologics Evaluation and Research, including but not limited to drafts and final copies of any separation or retirement agreements. Please make sure to also include all attachments to any emails.
The time frame for your search would likely be between July 1, 2021 and Nov. 1, 2021.
For further clarification about the retirement/resignation records I am seeking, please refer to the following news article: https://www.cnn.com/2021/08/31/health/fda-vaccine-officials-step-down/index.html
When delivering the responsive documents related to this request, please make sure to specifically certify that no other responsive documents exist beyond those provided by your agency as part of 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. Disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.
In order to help determine my status to assess fees, you should know that I am a freelance journalist whose work is published frequently by print and digital news outlets and magazines. I have previously been classified as a media requester by other federal agencies, including the CDC, when requesting information under the FOIA. You can view my work at www.erinmariemiller.com/clips. 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: Office of Personnel Management
Ms. Miller:
This email acknowledges receipt of your Freedom of Information Act (FOIA) request to the U.S. Office of Personnel Management (OPM). Your request was received by this office on January 7, 2022 and was assigned tracking number 2022-00403. You requested the following:
"1. All records related to the retirement, resignation and/or termination of Dr. Marion Gruber, former director of the Office of Vaccines Research and Review at FDA's Center for Biologics Evaluation and Research, including but not limited to drafts and final copies of any separation or retirement agreements. Please make sure to also include all attachments to any emails.
2. All records related to the retirement, resignation and/or termination of Dr. Philip Krause, former deputy director of the Office of Vaccines Research and Review at FDA's Center for Biologics Evaluation and Research, including but not limited to drafts and final copies of any separation or retirement agreements. Please make sure to also include all attachments to any emails.
The time frame for your search would likely be between July 1, 2021 and Nov. 1, 2021."
The FOIA, 5 U.S.C. § 552(a)(6)(A)(i), requires OPM to make a determination in response to a FOIA request within 20 business days from its date of receipt. In unusual circumstances, the federal agency time limit may be extended by 10 business days as stated in 5 U.S.C. § 552(a)(6)(B). If your request seeks numerous documents that will necessitate a wide-ranging search, including searches of multiple program offices and possible consultations with agencies that have a substantial interest in the determination of this request, OPM will invoke a 10 business-day extension for determination of your request. You have the option to narrow the scope of your request to limit the number of potentially responsive documents.
Provisions of the FOIA allow OPM to recover part of the cost of complying with your request. For purposes of fee assessment, you have been categorized as a "all other" requester. 5 C.F.R § 294.102(d). In this fee category, you are responsible for search costs incurred after the first 2 free hours and for duplication costs after the first 100 pages of records are copied free. 5 C.F.R § 294.109(b) and (c). No fee will be assessed if the total charge for fulfilling the request will be less than $25. 5 C.F.R § 294.109(d)(1).
A search will be initiated by OPM for records responsive to your request. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that a FOIA Analyst in this office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
If you have any questions regarding your request, please contact Steve Gitelman at Steven.Gitelmanpm.gov<mailto:Steven.Gitelman@opm.gov>.
For additional information regarding OPM's FOIA program, please refer to the information available on our website at https://www.opm.gov/information-management/freedom-of-information-act/.
We appreciate the opportunity to assist you with this matter.
Sincerely,
[cid:image001.jpg@01D81919.98FDDB40]Steven Gitelman
Government Information Specialist
Office of Privacy and Information Management
U.S. Office of Personnel Management
Steven.Gitelman@opm.gov
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From: Office of Personnel Management
Ms. Miller:
We are in receipt of your recent FOIA request, seeking the following records:
"1. All records related to the retirement, resignation and/or termination of Dr. Marion Gruber, former director of the Office of Vaccines
Research and Review at FDA's Center for Biologics Evaluation and Research, including but not limited to drafts and final copies of any
separation or retirement agreements. Please make sure to also include all attachments to any emails.
2. All records related to the retirement, resignation and/or termination of Dr. Philip Krause, former deputy director of the Office of
Vaccines Research and Review at FDA's Center for Biologics Evaluation and Research, including but not limited to drafts and final
copies of any separation or retirement agreements. Please make sure to also include all attachments to any emails."
We would appreciate clarification with respect to the information you are seeking. Are you interested in the retirement files of the named individuals, specifically records related to the details and arrangements of the administration of any retirement benefits to which they may be entitled or are you primarily interested in records relating to their separation from the FDA, including the details regarding the basis for such separation and any agreements reached regarding the terms of separation? We would have only the former, if any records exist. And be advised that if such records exist, they would be covered by the Privacy Act and, as such, would likely be substantially or fully withheld unless processed under the Privacy Act, as opposed to the FOIA, which would require you to present us with a confirmation of identity from each of the two names individuals affirming their identity and authorizing us to release the records to you. Records of the second type described above - those relating to any details regarding the circumstances of, and arrangements regarding, the separation of these individuals -- would be located with the FDA, and could be requested at: https://www.fda.gov/regulatory-information/freedom-information/how-make-foia-request.
Please feel free to let me know if you have any questions about any of the above.
If we do not hear a response from you by February 21, 2022 we will administratively close the request.
Thank you.
[cid:image001.jpg@01D81C0A.3B04F160]Steven Gitelman
Government Information Specialist
Office of Privacy and Information Management
U.S. Office of Personnel Management
Steven.Gitelman@opm.gov
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image001
From: Erin Marie Miller
Hi Mr. Gitelman,
Thank you for your response. I am primarily interested in records relating to their separation from the FDA, including the details regarding the basis for such separation and any agreements reached regarding the terms of separation. I previously requested these records from the FDA and was instructed to contact your office, which may have been as a result of my wording of the request. I will circle back to the FDA now.
Best,
Erin Marie Miller
From: Office of Personnel Management
Ms. Miller:
Please accept my apologies, but my inbox reported a responsive message that was unfortunately caught up in our automated spam detection system. Could I ask you to resend the response but perhaps from another email address?
Thank you so much.
Steve
[cid:image001.jpg@01D81C0A.3B04F160]Steven Gitelman
Government Information Specialist
Office of Privacy and Information Management
U.S. Office of Personnel Management
Steven.Gitelman@opm.gov
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image001