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Hhs-Cdc-20-1415 June 5, 2020 VIA EMAIL Freedom of Information Officer U.S. Centers for Disease Control and Prevention 1600 Clifton Road NE Building 57, Room MS D-54 Atlanta, GA 30333 [email protected] Re: Expedited Freedom of Information Act Request Dear FOIA officer: Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the implementing regulations of your agency, 45 C.F.R Part 5, American Oversight makes the following request for records. The outbreak of the novel coronavirus, SARS-CoV-2, and the disease it causes, COVID-19, has been declared a public health emergency at both the national and international levels.1 Since late 2019, the virus has spread across the globe, sickened millions of people, and resulted in hundreds of thousands of deaths.2 The virus has spread rapidly across meat processing plants, with over 115 facilities in nineteen states reporting outbreaks.3 At least 4,913 meat processing plant workers have contracted the virus and twenty have passed away from it.4 The CDC plays a critical role in gathering and analyzing data from factories, responding to requests for assistance from state and local authorities, and providing guidance for safety improvements. American Oversight submits this request to shed light on how the CDC is responding to Coronavirus outbreaks in meat processing facilities and what the agency is doing to protect the approximately 500,000 Americans who work in those facilities. 1 Coronavirus Disease 2019 (COVID-19) Situation Summary, CTRS. FOR DISEASE CONTROL & PREVENTION, https://www.cdc.gov/coronavirus/2019-ncov/summary.html. 2 Coronavirus Map: Tracking the Global Outbreak, N.Y. TIMES (May 7, 2020, 8:22 AM) https://www.nytimes.com/interactive/2020/world/coronavirus-maps.html. 3 Dyal JW, et al. COVID-19 Among Workers in Meat and Poultry Processing Facilities ― 19 States, April 2020, CDC, May 8, 2020, http://dx.doi.org/10.15585/mmwr.mm6918e3external icon. 4 Id. 1030 15th Street NW, Suite B255, Washington, DC 20005 | AmericanOversight.org Requested Records American Oversight seeks expedited review of this request for the reasons identified below and requests that the CDC produce the following records as soon as practicable, and at least within twenty business days: 1. All email communications (including emails, email attachments, and calendar invitations) about actual or potential COVID-19 outbreaks in meat processing facilities, between (a) the CDC officials described below and (b) anyone communicating with an email address ending in eop.gov, that contain any of the described key terms: CDC Officials: A. Robert Redfield, Director B. Kyle McGowan, Chief of Staff C. Jay Butler, Deputy Director for Infectious Diseases D. Nancy Messonnier, National Center for Immunization and Respiratory Diseases E. Anne Schuchat, Principal Deputy Director F. John Howard, MD, Director, National Institute for Occupational Safety and Health Key Terms: A. Meat B. Pork C. Ham D. Beef E. Poultry F. “food shortage” G. JBS H. Greeley I. Smithfield J. “Sioux Falls” K. “South Dakota” L. Sonny M. Perdue N. USDA O. FSIS P. Eugene Q. Scalia R. liability Please provide all responsive records from April 15, 2020, through May 30, 2020. - 2 - HHS-CDC-20-1415 2. All final directives, guidance, or memoranda from anyone in the Executive Office of the President (including the White House, the Office of the Vice President, and the Coronavirus Task Force) to the CDC officials named below, regarding actual or potential COVID-19 outbreaks in meat processing facilities. CDC Officials: A. Robert Redfield, Director B. Kyle McGowan, Chief of Staff C. Jay Butler, Deputy Director for Infectious Diseases D. Nancy Messonnier, National Center for Immunization and Respiratory Diseases E. Anne Schuchat, Principal Deputy Director F. John Howard, MD, Director, National Institute for Occupational Safety and Health Please provide all responsive records from April 15, 2020, through May 30, 2020. Fee Waiver Request In accordance with 5 U.S.C. § 552(a)(4)(A)(iii) and your agency’s regulations, American Oversight requests a waiver of fees associated with processing this request for records. The subject of this request concerns the operations of the federal government, and the disclosures will likely contribute to a better understanding of relevant government procedures by the general public in a significant way. Moreover, the request is primarily and fundamentally for non-commercial purposes. American Oversight requests a waiver of fees because disclosure of the requested information is “in the public interest because it is likely to contribute significantly to public understanding of operations or activities of the government.”5 The public has a significant interest in understanding how the CDC is responding to outbreaks in meat processing plants.6 Records with the potential to shed light on this matter would contribute significantly to public understanding of operations of the federal government, including whether CDC’s guidance to factory owners was impacted by private influences outside of the agency. American Oversight is committed to transparency and makes the 5 5 U.S.C. § 552(a)(4)(A)(iii). 6 Alex Gangitano, Food Supply Worries Grow After Outbreak Closes Smithfield Meat Plant, THE HILL (Apr. 14, 2020, 6:00 AM) https://thehill.com/business-a-lobbying/business-a- lobbying/492625-food-supply-worries-grow-after-outbreak-closes; Danielle Wiener- Bronner, Tyson Warns More Meat Plant Closures Are Coming, CNN BUSINESS, https://www.cnn.com/2020/05/04/business/tyson-meat-plant-closures/index.html; Mike Dorning, Thirty Workers, Four USDA Inspectors Dead Amid Meat Plant Coronavirus Outbreaks, TIME (May 14, 2020, 3:50 PM), https://time.com/5836973/usda-inspector-meat-workers- dead-coronavirus/. - 3 - HHS-CDC-20-1415 responses agencies provide to FOIA requests publicly available, and the public’s understanding of the government’s activities would be enhanced through American Oversight’s analysis and publication of these records. This request is primarily and fundamentally for non-commercial purposes.7 As a 501(c)(3) nonprofit, American Oversight does not have a commercial purpose and the release of the information requested is not in American Oversight’s financial interest. American Oversight’s mission is to promote transparency in government, to educate the public about government activities, and to ensure the accountability of government officials. American Oversight uses the information gathered, and its analysis of it, to educate the public through reports, press releases, or other media. American Oversight also makes materials it gathers available on its public website and promotes their availability on social media platforms, such as Facebook and Twitter.8 American Oversight has also demonstrated its commitment to the public disclosure of documents and creation of editorial content through numerous substantive analyses posted to its website.9 Examples reflecting this commitment to the public disclosure of documents and the creation of editorial content include the posting of records related to an ethics waiver received by a senior Department of Justice attorney and an analysis of what those records demonstrated regarding the Department’s process for issuing such waivers;10 posting records received as part of American Oversight’s “Audit the Wall” project to gather and analyze information related to the administration’s proposed construction of a barrier along the U.S.-Mexico border, and analyses of what those records reveal;11 posting records regarding potential self-dealing at the Department of Housing & 7 See 5 U.S.C. § 552(a)(4)(A)(iii). 8 American Oversight currently has approximately 15,500 page likes on Facebook and 102,300 followers on Twitter. American Oversight, FACEBOOK, https://www.facebook.com/weareoversight/ (last visited May 20, 2020); American Oversight (@weareoversight), TWITTER, https://twitter.com/weareoversight (last visited May 20, 2020). 9 News, AMERICAN OVERSIGHT, https://www.americanoversight.org/blog. 10 DOJ Records Relating to Solicitor General Noel Francisco’s Recusal, AMERICAN OVERSIGHT, https://www.americanoversight.org/document/doj-civil-division-response-noel-francisco- compliance; Francisco & the Travel Ban: What We Learned from the DOJ Documents, AMERICAN OVERSIGHT, https://www.americanoversight.org/francisco-the-travel-ban-what-we- learned-from-the-doj-documents. 11 See generally Audit the Wall, AMERICAN OVERSIGHT, https://www.americanoversight.org/investigation/audit-the-wall; see, e.g., Border Wall Investigation Report: No Plans, No Funding, No Timeline, No Wall, AMERICAN OVERSIGHT, https://www.americanoversight.org/border-wall-investigation-report-no-plans-no- funding-no-timeline-no-wall. - 4 - HHS-CDC-20-1415 Urban Development and related analysis;12 posting records and analysis relating to the federal government’s efforts to sell nuclear technology to Saudi Arabia;13 posting records and analysis regarding the Department of Justice’s decision in response to demands from Congress to direct a U.S. Attorney to undertake a wide-ranging review and make recommendations regarding criminal investigations relating to the President’s political opponents and allegations of misconduct by the Department of Justice itself and the Federal Bureau of Investigation.14 Accordingly, American Oversight qualifies for a fee waiver. Application for Expedited Processing Pursuant to 5 U.S.C. § 552(a)(6)(E)(1) and 45 C.F.R. § 5.27, American Oversight requests that your agency expedite the processing of this request. I certify to be
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