9/25/13 response to Congressman Rob Woodall's office from CDC COO Sherri Berger re: purported investigation of CDC deputy director who moonlighted as corporate treasurer to a tainted Chicago nonprofit that received millions in CDC grants
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9/25/13 response to Congressman Rob Woodall's office from CDC COO Sherri Berger re: purported investigation of CDC deputy director who moonlighted as corporate treasurer to a tainted Chicago nonprofit that received millions in CDC grants
Date: 9/24/2013 5:01 PM To: 'Peter Heimlich' <peter.heimlich@gmail.com> Mr. Heimlich,
Please see below. I also had a discussion with a gentleman from the CDC on the phone (Mr. Hunter in the CC below), and the reason they cannot get us copies of the records any faster than your FOIA request is because they have to scrub the records for informaon subject to privacy protecons.
From: Berger, Sherri (CDC/OCOO/OD) [mailto:sob8@cdc.gov] Sent: Tuesday, September 24, 2013 11:34 AM To: Murray, Chase Cc: Hunter, Edward L. (CDC/OD/OADP) Subject: RE: Request from Congressman Rob Woodall
Hi Chase, I understand you and Ed spoke earlier today. Below are responses to your quesons:
1) The name of the CDC employee assigned to conduct the review of the Save-A-Life Foundaon grant award and the name of the employee who made the assignment.
Former Chief Operang Ocer Bill Nichols tasked the CDC Procurement and Grants Oce (PGO), the Naonal Center for Injury Prevenon and Control (NCIPC), and the CDC Ethics Program Acvity Oce with conducng the administrave review of the SALF grant award. The Oce of the Chief Financial Ocer coordinated the review eort amongst the three oces.
2) The names of all CDC employees who parcipated in the review.
See response #1 above.
3) The dates when the review began and the date it was completed.
On October 11, 2010, Dr. Frieden, the Director of the Centers for Disease Control and Prevenon (CDC) received an e-mail complaint from Timothy Bagwell addressed to Inspector General (IG), Daniel Levinson regarding the Save-A-Life Foundaon (SALF). In his complaint, Mr. Bagwell requested a review by the IG to determine if funds awarded to SALF by the CDC were administered properly and to determine the relaonship between SALF and a CDC employee Douglas R. Browne. That same day, Dr. Frieden forwarded the e-mail complaint to the former Chief Operang Ocer (COO), Bill Nichols, for a full evaluaon to be performed. The collaborave CDC administrave review found no impropriees in the award of the grant, nor any violaons on the part of Mr. Browne from an ethics perspecve. The collaborave review results were forwarded to the HHS OIG/IG on February 15, 2011. 4) Copies of all related records used in the review.
Mr. Heimlich has led two FOIA requests # 11-00272 (dated December 18, 2010 and referred to the CDC FOIA Oce by HHS), and request #13-00796 (dated July 15, 2013), requesng records relang to the review. These two requests are currently being processed by the CDC FOIA Oce, and will be handled on a rst-in, rst-out basis. When Mr. Heimlichs requests are at the top of the queue, they will be reviewed to ensure that release of informaon to him conforms with FOIA principles, and the response will be provided to him. We are happy to provide you copies of these materials, as the review and delivery are completed.
5) All correspondence related to the review including, but not limited to, all correspondence with HHS ocials including the Inspector General's oce.
See response #4 above. Addionally, any records/documents found in our les related to the requests that were generated by HHS or one of its components, including the OIG, will be referred to that component for their response. In accordance with the Departments implemenng regulaons at 45 CFR 5.23, the CDC FOIA Oce will not make decisions on the release or denial of other agencies documents. The CDC FOIA Oce will refer any such documents, along with Mr. Heimlichs request, to HHS and the OGIC for their release determinaon and direct reply to Mr. Heimlich.
6) A copy of the report, if any, produced by the review. If no report was produced, would you please provide you a detailed leer describing all aspects of the review?
On November 8, 2010, the Department of Health and Human Services, Oce of the Inspector General, Oce of Invesgaons (HHS OIG/OI) Special Agent In Charge, Elton Malone informed Mr. Bagwell via memo that the HHS OIG would not pursue acon in the maer, and that the complaint was being referred to CDC for administrave review and acon.
On November 9, 2010, Mr. Bagwells complaint was received via e-mail by the Oce of the Chief Financial Ocer from the HHS OIG/OI. The OIG referred the complaint to CDC for a review to be undertaken by the agency.
On November 11, 2010, the Oce of the Chief Operang Ocer (OCOO) requested that a collaborave response be draed, with the Oce of the Chief Financial Ocer (OCFO) coordinang the response amongst the relevant oces. The CDC Procurement and Grants Oce (PGO) was engaged to review the complaint relave to the administraon of grant funding, the CDC Ethics Program Acvity Oce was engaged to review the complaint relave to Mr. Brownes involvement with SALF, and the Naonal Center for Injury Prevenon and Control (NCIPC) and the Ethics Program Acvity Oce were engaged by OCFO to determine: 1) whether grant funding was properly administered and 2) the relaonship between SALF and CDC employee Douglas R. Browne. The collaborave CDC administrave review found no impropriees in the award of the grant, nor any violaons on the part of Mr. Browne from an ethics perspecve.
It should also be noted that Mr. Heimlich has submied nine requests and one appeal related to the Save-A-Life Foundaon since February 24, 2010. All of those requests have been answered except for case number 11-00272 and case number 13-00796, which are pending as noted above. As of this date, Mr. Heimlich has received a complete response for all other FOIA requests, and the appeal that he submied.
Thank you, Sherri
From: Murray, Chase [mailto:Chase.Murray@mail.house.gov] Sent: Tuesday, September 10, 2013 12:34 PM To: Berger, Sherri (CDC/OCOO/OD) Cc: Menard, Barbara (CDC/OD/OADP) Subject: RE: Request from Congressman Rob Woodall
Ms. Berger,
None of the specic informaon Congressman Woodall requested on behalf of Mr. Heimlich was included in your response. I am now requesng those items, listed below, on behalf of the Congressman himself. Please provide the following as soon as possible:
1) The name of the CDC employee assigned to conduct the review of the Save-A-Life Foundaon grant award and the name of the employee who made the assignment. 2) The names of all CDC employees who parcipated in the review. 3) The dates when the review began and the date it was completed. 4) Copies of all related records used in the review. 5) All correspondence related to the review including, but not limited to, all correspondence with HHS ocials including the Inspector General's oce. 6) A copy of the report, if any, produced by the review. If no report was produced, would you please provide you a detailed leer describing all aspects of the review?
Thank you for your help.
Chase Murray Legislative Assistant Congressman Rob Woodall 7th District of Georgia 202-226-5277