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FOIA Requests for CDC COVD-19 Records

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FOIA Requests for CDC COVD-19 Records Webinar: FOIA Requests for CDC COVID-19 Records Office of Government Information Services May 12, 2020 National Archives and Records Administration Alina M. Semo, Director 8601 Adelphi Road (OGIS), College Park, MD 20740 (202) 741-5770 [email protected] 1 1 Introduction to CDC and ATSDR . The Centers for Disease Control and Prevention (CDC) and the Agency for Toxic Substances and Disease Registry (ATSDR) are both agencies of the U.S. Department of Health and Human Services (HHS): CDC Mission: CDC works 24/7 to protect America from health, safety and security threats, both foreign and in the U.S. Whether diseases start at home or abroad, are chronic or acute, curable or preventable, human error or deliberate attack, CDC fights disease and supports communities and citizens to do the same. 2 Introduction to CDC and ATSDR ATSDR Mission: ATSDR protects communities from harmful health effects related to exposure to natural and man-made hazardous substances. ATSDR responds to environmental health emergencies; investigating emerging environmental health threats; conducting research on the health impacts of hazardous waste sites; and building capabilities of and providing actionable guidance to state and local health partners. 3 CDC Organizational Chart March 13 2020 CHIEF OF STAFF ASSOCIATE DIRECTOR FOR Kyle McGowan COMMUNICATION Michelle E. Bonds, MBA** CHIEF STRATEGY OFFICER CDC DIRECTOR & CHIEF OPERATING OFFICER RobertR. Redfield, MD ASSOCIATE DIRECTOR FOR Sherri Berger, MSPH LABORATORY SCIENCE AND SAFETY SteveMonroe, PhD CDC WASHINGTON DIRECTOR AnsticeBrandKenefick ** ASSOCIATE DIRECTOR FOR POLICY AND STRATEGY OFFICE OF EQUAL RobinM.Ikeda, MD,MPH(RADM,USPHS) EMPLOYMENT OPPORTUNITY PRINCIPAL DEPUTY Reginald R. Mebane, MS DIRECTOR CHIEF MEDICAL OFFICER Anne Schuchat, MD(RADM,USPHS, RET) MitchWolfe, MD,MPH(RADM, USPHS) DEPUTY DIRECTOR FOR DEPUTY DIRECTOR FOR PUBLIC DEPUTY DIRECTOR FOR DEPUTY DIRECTORFOR PUBLIC HEALTH SERVICE AND HEALTH SCIENCE ANDSURVEILLANCE NON-INFECTIOUS DISEASES INFECTIOUS DISEASES IMPLEMENTATIONSCIENCE Chesley Richards, MD,MPH,FACP CelestePhilip, MD, MPH Jay C. Butler,MD(CAPT,USPHS, RET) NATIONAL INSTITUTE Katherine LyonDaniel,PhD** FOR OCCUPATIONAL SAFETY AND HEALTH National Center on Birth Defects National Center for Immunization John Howard,MD,MPH,JD, LLM, MBA Office of Minority Health Office of Science and Developmental Disabilities and Respiratory Diseases and Health Equity Rebecca Bunnell, PhD Leandris Liburd, PhD,MPH, MA AmandaCohn,MD(CAPT,USPHS)** Nancy Messonnier,MD (CAPT,USPHS,RET) National Center for Chronic Disease National Center for Emerging and Center for Global Health Office of Laboratory Science and Safety Prevention and Health Promotion Zoonotic InfectiousDiseases Rebecca Martin, PhD SteveMonroe, PhD Karen Hacker,MD,MPH RimaKhabbaz, MD National Center for Environmental Center for Preparedness Center for Surveillance, National Center for HIV/AIDS, Viral Health/Agency for Toxic Substances and Response Epidemiology, and Laboratory Services Hepatitis, STD, and TB Prevention and Disease Registry John Dreyzehner,MD,MPH,FACOEM Michael F.Iademarco,MD,MPH(RADM,USPHS) Jonathan Mermin,MD,MPH(RADM,USPHS) Patrick Breysse,PhD, CIH* Center for State, Tribal, Local, National Center for Injury National Center for Health Statistics and Territorial Support Prevention and Control Brian C. Moyer, PhD * ATSDR is an OPDIVwithin DHHS but is José T.Montero,MD,MHCDS DebraHo ury, MD, MPH managed bya common directors’ office. ** Acting position 4 Deputy Director for Non-Infectious Diseases (DDNID) Celeste Philip, MD, MPH NCEH/ATSDR Office of the Director Patrick Breysse, PhD, CIH Director Division of Environmental Health Division of Community Health Science and Practice Ronney Lindsey, MS Investigations Erik R. Svendsen, PhD Deputy Director Alan Parham, MPH Director Director (Acting) Laurie A. Johnson, MPH Caroline McDonald Cassandra Smith, MS Deputy Director Senior Advisor Deputy Director (Acting) Christopher M. Reh, PhD Associate Director, ATSDR Sherry Smallwood Division of Toxicology and Human Division of Laboratory Sciences Senior Advisor, ATSDR Health Sciences James L. Pirkle, MD, PhD William Cibulas, PhD, MS Director Sharunda Buchanan, PhD, MS Director (Acting) Amy Mowbray, PhD Director of Priority Projects Angela Ragin-Wilson, PhD Deputy Director and Innovation Deputy Director (Acting) Renée Funk, DVM, MPH, MBA Associate Director for Emergency Management (CAPT, USPHS) Office of Communication Office of Management and Office of Policy, Planning & Heather Bair-Brake, DVM, MS, Office of Science Analytics Partnerships DACVPM G. David Williamson,PhD Michele Brown Pamela Protzel Berman, PhD, MPH (CDR, USPHS) Associate Director Associate Director/Management Officer Associate Director AssociateDirector Tim Dignam, PhD, MPH Mattie Gilliam Donata Green, PhD, MA Lawrence Furphy Deputy Associate Director Deputy Management Officer Deputy Associate Director Deputy Associate Director 5 File Last Updated: 3/9/2020 NCEH DIVISIONS Division of Division of Environmental Health Laboratory Science and Practice Sciences Water, Food, and Inorganic and Radiation Environmental Health Services Analytical Toxicology Branch Branch Asthma and Community Clinical Chemistry Branch Health Branch Organic Analytical Toxicology Lead Poisoning Prevention & Branch Environmental Health Tracking Branch Newborn Screening and Molecular Biology Branch Emergency Management, Radiation, and Chemical Branch Emergency Response Branch Nutritional Biomarkers Branch Tobacco and Volatiles Branch 6 U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES CENTERS FOR DISEASE CONTROL AND PREVENTION OFFICE OF THE CHIEF OPERATING OFFICER (OCOO) Strategic Business OFFICE OF THE Freedom of Initiatives Unit DIRECTOR Information Act CAJ13 Office CAJ1 CAJ12 Office of Financial Human Resources Office of the Chief Office of Safety, Security Resources Office Information Officer and Asset Management CAJE CAJQ CAJR CAJS Freedom of Information Act Office is part of the OCOO 7 CDC FOIA Office Central office responsible for responding to FOIA requests received by CDC and ATSDR Disseminates FOIA requests electronically to areas within CDC most likely to have responsive records Coordinates efforts when one or more Centers, Institutes or Offices is involved in responding to a FOIA request Reviews, analyzes, redacts as necessary, and releases documents to the public under the provisions of the Act Tracks and monitors FOIA requests and responses to ensure timely and appropriate responses 8 CDC FOIA Office • Th.s fNIY IX<Vf at Hr( ~t~JtM llf*Cy(h Of tM r.Qu.st. QCQQ Office of the Chief Operating Officer Services. Support. Solutions. 9 CDC FOIA Office NO. OF CDC FOIA PERSONNEL 50 45 40 35 30 25 20 15 10 5 0 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 NO. OF FULL-TIME FOIA EMPLOYEES NO. OF EQUIVALENT FULL-TIME EMPLOYEES TOTAL NO. OF FULL-TIME FOIA STAFF Source: https://www.hhs.gov/foia/reports/annual-reports/index.html 10 CDC FOIA Office FOIA Requests Received, Processed & Pending 1600 1445 1400 1295 1270 1263 1219 1186 1200 1129 1020 1040 1000 943 800 762 749 685 600 424 416 400 161 163 200 130 130 137 0 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Number of Requests Pending at Start of FY Number of Requests Received in FY Number of Requests Processed in FY Number of Requests Pending as of End of FY Source: https://www.hhs.gov/foia/reports/annual-reports/index.html 11 CDC FOIA Office FOIA REQUESTS - RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS 350 307.26 300 250 200 187.56 159.52 150 122.6 101.39 100 55.2 54.88 50 32.21 26.23 12.25 0 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 AVE. NO. OF DAYS - SIMPLE REQUESTS AVE NO. OF DAYS - COMPLEX REQUESTS Source: https://www.hhs.gov/foia/reports/annual-reports/index.html 12 CDC FOIA Office 400 Number of Times Exemptions Applied 350 300 250 200 150 100 50 0 Ex. 1 Ex. 2 Ex. 3 Ex. 4 Ex. 5 Ex. 6 Ex. 7(A) Ex. 7(B) Ex. 7(C) Ex. 7(D) Ex. 7(E) Ex. 7(F) Ex. 8 Ex. 9 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Source: https://www.hhs.gov/foia/reports/annual-reports/index.html 13 CDC FOIA Office EXEMPTION 3 STATUTES CITED – FY 2015 - FY 2019 STATUTE CITED TYPE OF INFORMATION WITHHELD 5 U.S.C. app. 4 § 107(a)(2) (Ethics in Confidential financial disclosure report pertaining Government Act of 1978) to certain government employees 6 U.S.C. § 133(a)(1) Protection of voluntarily shared critical infrastructure information 41 U.S.C. § 2102 (amending 41 Contractor bid or proposal information; source selection U.S.C. § 423(a)(1))* (Procurement information Integrity Act) 42 USC § 242m(d) Identifiable information for certain research and statistical activities 42 U.S.C. § 247d-6b(d) Information identifying the location at which materials in the stockpile under subsection (a) of this section are stored 42 USC § 262a(h) Bioterrorism-related information Source: https://www.cdc.gov/od/foia/docs/cdc-foia-statistics-report.pdf 14 CDC FOIA Office REQUESTS FOR EXPEDITED PROCESSING FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 109 108 101 89 84 78 77 77 69 65 36 12.25 12.25 11 8 7 4.04 4.04 3.64 3.64 1.07 1.07 1 0.79 0.79 TOTAL NO. RECEIVED NO. GRANTED NO. DENIED AVE. NO. OF DAYS TO ADJUDICATE Source: https://www.hhs.gov/foia/reports/annual-reports/index.html 15 CDC FOIA Office REQUESTS FOR FEE WAIVER 250 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 200 150 100 50 0 TOTAL NO. REC'D NO. GRANTED NO. DENIED AVE. NO. OF DAYS TO ADJUDICATE Source: https://www.hhs.gov/foia/reports/annual-reports/index.html 16 CDC FOIA Office New Incoming Requests & Complete FOIA Responses 1090 FY 2020 (Oct. 2019 - April 2020) 1601 1293 FY 2019 1422 1239 FY 2018 1399 1305 FY 2017 1101 1444 FY 2016 1213 942 FY 2015 1054 0 200 400 600 800 1000 1200 1400 1600 1800 Complete FOIA Responses New Incoming FOIA Requests Source: https://www.cdc.gov/od/foia/docs/cdc-foia-statistics-report.pdf 17 COVID-19 RESPONSE BY THE NUMBERS As of May 7, 2020 Accessible: cdc.gov/coronavirus/2019-ncov/cdcresponsejby•ttje'~· numoe r:s.: t I -.
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