Proposed New Bio-Terror Agency Would Be Exempt from FOIA

Last month, Sen. Richard Burr (R-NC) introduced a bill to create the first — and only — government agency granted immunity from the Freedom of Information Act (FOIA). The new bill, the Biodefense and Pandemic Vaccine and Drug Development Act of 2005 (S. 1873), would create the Biomedical Advanced Research and Development Agency (BARDA). In addition to being exempt from the FOIA, BARDA minutes, memos and such "shall not be subject to judicial review" unless the defense secretary decides there is no national-security threat.

Ironically, in June this same Senate passed a bipartisan measure (S. 1181) by unanimous consent that would "bring increased sunshine to the federal legislative process," according to co-sponsor Sen. Patrick Leahy (D-VT). It would require bills with FOIA exemptions to state them "explicitly" in the bill text; the bill languishes in the House Committee on Government Reform.

The National Vaccine Information Center calls BARDA "a drug company stockholder's dream and a consumer's worst nightmare."

The long bill title summarizes BARDA's purpose: "A bill to prepare and strengthen the biodefenses of the United States against deliberate, accidental, and natural outbreaks of illness, and for other purposes." A "natural" outbreak of illness would include a pandemic. The bill is a boon for pharmaceutical companies, because BARDA would manage the federal "government's anti-bioterrorism research and encourage private companies to bring more drugs and vaccines to market quicker."

With a FOIA exemption, the agency — and the companies receiving tax money — would be exempt from judicial or public oversight. The bill also exempts the agency from "rules designed to ensure efficiency and protect against waste and fraud," suggesting there would be little congressional oversight as well. It doesn't stop there: The companies that would be funded would have a blanket exemption from liability lawsuits.

Bill Sponsors

So who are these senators, who wish to hand out money with few, if any, strings attached? In addition to Burr, chair of the Senate Bioterrorism and Public Health Preparedness Subcommittee, there are five co-sponsors of the 89-page bill: Sen. Alexander (R-TN), Sen. Dole (R-NC), Sen. Enzi (R-WY), Sen. Frist (R-TN) and Sen. Gregg (R-NH). As a group, they accepted almost $3 million in contributions from the health sector in the last election cycle; more than one-third of this went to Burr.

Article Author: Kathy Gill

Kathy is a motorcyclist and writer; a prof at UW in digital media and an MSF instructor; formerly state and federal lobbyist. More About US Politics at her regular blog.

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