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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

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  Subject: FW: Request from Congressman Rob Woodall From: Murray, Chase <Chase.Murray@mail.house.gov> 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 thereason they cannot get us copies of the records any faster than your FOIA request is because they have to scrub the records forinformaon subject to privacy protecons.  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 quesons:  1)   The name of the CDC employee assigned to conduct the review of the Save-A-Life Foundaon grant award and thename of the employee who made the assignment.  Former Chief Operang Officer Bill Nichols tasked the CDC Procurement and Grants Office (PGO), the Naonal Center forInjury Prevenon and Control (NCIPC), and the CDC Ethics Program Acvity Office with conducng the administravereview of the SALF grant award. The Office of the Chief Financial Officer coordinated the review effort amongst the threeoffices.  2)   The names of all CDC employees who parcipated 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 Prevenon (CDC) received an e-mailcomplaint from Timothy Bagwell addressed to Inspector General (IG), Daniel Levinson regarding the Save-A-Life Foundaon(SALF). In his complaint, Mr. Bagwell requested a review by the IG to determine if funds awarded to SALF by the CDC wereadministered properly and to determine the relaonship between SALF and a CDC employee Douglas R. Browne. That sameday, Dr. Frieden forwarded the e-mail complaint to the former Chief Operang Officer (COO), Bill Nichols, for a fullevaluaon to be performed. The collaborave CDC administrave review found no impropriees in the award of the grant,nor any violaons on the part of Mr. Browne from an ethics perspecve. The collaborave review results were forwardedto the HHS OIG/IG on February 15, 2011. 4)   Copies of all related records used in the review. Mr. Heimlich has filed two FOIA requests # 11-00272 (dated December 18, 2010 and referred to the CDC FOIA Office byHHS), and request #13-00796 (dated July 15, 2013), requesng records relang to the review. These two requests arecurrently being processed by the CDC FOIA Office, and will be handled on a first-in, first-out basis. When Mr. Heimlich’srequests are at the top of the queue, they will be reviewed to ensure that release of informaon to him conforms with FOIAprinciples, and the response will be provided to him. We are happy to provide you copies of these materials, as the reviewand delivery are completed.  5)   All correspondence related to the review including, but not limited to, all correspondence with HHS officials includingthe Inspector General's office.  See response #4 above. Addionally, any records/documents found in our files related to the requests that were generatedby HHS or one of its components, including the OIG, will be referred to that component for their response. In accordancewith the Department’s implemenng regulaons at 45 CFR §5.23, the CDC FOIA Office will not make decisions on therelease or denial of other agencies’ documents. The CDC FOIA Office will refer any such documents, along with Mr.  Heimlich’s request, to HHS and the OGIC for their release determinaon 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 detailedleer describing all aspects of the review?  On November 8, 2010, the Department of Health and Human Services, Office of the Inspector General, Office of Invesgaons (HHS OIG/OI) Special Agent In Charge, Elton Malone informed Mr. Bagwell via memo that the HHS OIG wouldnot pursue acon in the maer, and that the complaint was being referred to CDC for administrave review and acon. On November 9, 2010, Mr. Bagwell’s complaint was received via e-mail by the Office of the Chief Financial Officer from theHHS OIG/OI. The OIG referred the complaint to CDC for a review to be undertaken by the agency. On November 11, 2010, the Office of the Chief Operang Officer (OCOO) requested that a collaborave response bedraed, with the Office of the Chief Financial Officer (OCFO) coordinang the response amongst the relevant offices. TheCDC Procurement and Grants Office (PGO) was engaged to review the complaint relave to the administraon of grantfunding, the CDC Ethics Program Acvity Office was engaged to review the complaint relave to Mr. Browne’s involvementwith SALF, and the Naonal Center for Injury Prevenon and Control (NCIPC) and the Ethics Program Acvity Office wereengaged by OCFO to determine: 1) whether grant funding was properly administered and 2) the relaonship between SALFand CDC employee Douglas R. Browne. The collaborave CDC administrave review found no impropriees in the award of the grant, nor any violaons on the part of Mr. Browne from an ethics perspecve. It should also be noted that Mr. Heimlich has submied nine requests and one appeal related to the Save-A-Life Foundaon sinceFebruary 24, 2010. All of those requests have been answered except for case number 11-00272 and case number 13-00796, whichare pending as noted above. As of this date, Mr. Heimlich has received a complete response for all other FOIA requests, and theappeal that he submied. 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 specific informaon Congressman Woodall requested on behalf of Mr. Heimlich was included in your response. I amnow requesng 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 Foundaon grant award and the name of theemployee who made the assignment.2) The names of all CDC employees who parcipated 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 officials including theInspector General's office.6) A copy of the report, if any, produced by the review. If no report was produced, would you please provide you a detailed leerdescribing all aspects of the review? Thank you for your help.  Chase MurrayLegislative AssistantCongressman Rob Woodall7th District of Georgia202-226-5277  
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