[govinfo] FW: BARDA sign on letter
- From: "Patrice McDermott" <pmcdermott@xxxxxxxxxxxxxxxxxxxxx>
- To: govinfo@xxxxxxxxxxxxx
- Date: Tue, 26 Sep 2006 10:17:06 -0400
This sign-on opportunity has a very short turn-around. It has to do with public
disclosure provisions of HR 5533, which would establish a new Biomedical
Advanced Research and Development Authority within the Department of Health and
Human Services.
Please let Alan Pearson know ASAP (this morning) if you want to sign on.
apearson@xxxxxxxxxxxxxxxxxxxxx _____
From: Nick Schwellenbach [mailto:nick@xxxxxxxx]
To: FOI-L@xxxxxxxxxxxxxxxx
Sent: Tue, 26 Sep 2006 09:52:25 -0400
Subject: FW: BARDA sign on letter
Sorry for any cross-posts. This is urgent and any sign-ons should be emailed
to Alan Pearson at the Center for Arms Control and Non-proliferation by this
afternoon. Send it to apearson@xxxxxxxxxxxxxxxxxxxxx
Best,
Nick Schwellenbach, Project On Government Oversight
Patrice McDermott, OpenTheGovernment.org
Alan Pearson, Center for Arms Control and Non-Proliferation
Pete Weitzel, Coalition of Journalists for Open Government
All,
From what we have heard today, the BARDA legislation may be fast-tracked for
approval in both the House and Senate this week. It now appears that the
differences between the bills in each house may have already been resolved so
that a conference will not be necessary. Importantly, both bills contain an
identical (b)(3) exemption that has been the subject of e-mail traffic to this
group.
We found out late today that the House bill may come up for a vote tomorrow. A
small group of us (myself, Pete, Patrice, Nick) have worked up a sign-on
letter. We would like to get as many groups to sign on to this as possible by
mid-day tomorrow, so that we can deliver it to several potential allies in the
House, as well as to the sponsors of the legislation. The letter is pasted
below.
If you have any questions, please contact me by e-mail. I will be unavailable
before about noon, but will respond to any questions or concerns immediately
upon arrival in the office.
Best regards,
Alan Pearson
Center for Arms Control and Non-Proliferation
Text of letter:
We write to urge modification of the public disclosure provisions of HR 5533,
which would establish a new Biomedical Advanced Research and Development
Authority within the Department of Health and Human Services. Improved
coordination and oversight of research and development of new medicines and
vaccines against biological weapons and other disease agents is critical to our
national security but we believe this measure will wrap that effort in
unnecessary and counter-productive secrecy.
Language in the âBiodefense and Pandemic Vaccine and Drug Development Act of
2006â mandates that the Secretary of Health and Human Services withhold
technical and scientific information that would âreveal vulnerabilities of
existing medical or public health defensesâ against biological threats. It
establishes a five-year blackout on reviewing withholding decisions.
While well-intentioned, this language is vague and all but certain to result in
inappropriate withholding of information that needs to be shared for reasons
related to both public accountability and national security. All of the
research and development activities that BARDA would pursue are directed at
reducing our nationâs vulnerabilities. What then are the limits on
information that must be withheld? The legislation provides no guidance on this
question, and allows no discretion. In the fast-moving area of biomedical
research, a five-year blackout is unwise and likely to be counter-productive in
many instances.
The legislation might also prevent the results of important fundamental
research from being shared with other scientists who need to know. For
instance, basic research on new broad-spectrum anti-microbials is essential in
the face of naturally-occurring but rapidly increasing antibiotic resistant
bacterial infections. Yet, such research could reveal vulnerabilities and thus
could fall within the broad language of the law. Withholding such information
runs counter to long-standing U.S. policy that fundamental research be open,
that the benefits of such openness outweigh the risks.
Indeed, the U.S. leads the world in biomedical research. Our experience has
shown that robust and effective vaccine and drug development can only take
place in a climate of timely and free exchange of materials and information. In
contrast, secrecy in bioweapons related research will not only harm our
biodefense vaccine and drug development efforts, but will set a poor example
that other nations may follow to our chagrin.
Moreover, given the widespread criticism that the Department and Project
BioShield have already received for lack of results and accountability, we
believe that Congress should strive to make the BARDA as transparent as
possible while ensuring necessary national security.
Toward that end, we urge that the language of HR 5533 be modified to provide
more specific guidance on the information covered, to give the secretary
discretion to release information that he believes could be shared publicly,
and to shorten the review period to two years.
We also believe the provision in this bill excluding all meetings from the
Federal Advisory Committee Act is inappropriate.
Other related posts:
- » [govinfo] FW: BARDA sign on letter
