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Biodefense Bill Creates Agency Exempt From FOIA Disclosures

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AP: GOP Wants to Create Secretive Gov’t Agency

  • S. 1873 – A bill to prepare and strengthen the biodefenses of the United States against deliberate, accidental, and natural outbreaks of illness, and for other purposes. [Specific language as follows: “Information that relates to the activities, working groups, and advisory boards of the BARDA shall not be subject to disclosure under section 552 of title 5, United States Code, unless the Secretary or Director determines that such disclosure would pose no threat to national security. Such a determination shall not be subject to judicial review.”]
  • Secrecy News: “A rapidly moving bill introduced in the Senate last week would establish a new Biomedical Advanced Research and Development Agency (BARDA) that would be categorically exempt from disclosure under the Freedom of Information Act (FOIA).
    Ordinary FOIA exemptions place specific categories of information beyond the reach of FOIA. But the audacious new BARDA exemption would nullify the applicability of the FOIA to an entire agency.”
  • Editorial, San Francisco Chronicle: Secrecy is unhealthy
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