Related Resources:
FOIA Request to NIAID, 22 Jan 2005The Sunshine Project
News Release
22 January 2005Boston University Lab-Acquired Tularemia:
Expedited Freedom of Information Act Request
(Austin, 22 January) - The Sunshine Project today filed the following Freedom of Information Act request with the Centers for Disease Control in Atlanta, Georgia. Because laboratory-acquired infections with biological weapons agents pose a major risk to public health and there is an urgent need to clarify activities of the federal government related to permissions to handle such agents, the Sunshine Project has requested that the Centers for Disease Control immediately answer the request.
[Please note: The CDC request below slightly differs from some versions distributed by electronic mail. Specifically, item #5 was added via amendment, also on 22 January 2005, shortly after the request was originally sent.]
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22 January 2005
Ms. Lynn Armstrong
CDC/ATSDR FOIA Officer
Office of Communication
Centers for Disease Control and Prevention
Atlanta GA 30333Tel: 404-639-7395
Fax: 404-639-7270by electronic mail: FOIARequests@cdc.gov
FREEDOM OF INFORMATION ACT REQUEST
REQUEST FOR EXPEDITED PROCESSINGDear Ms. Armstrong,
Pursuant to the Freedom of Information Act, as amended, the Sunshine Project requests the following records in the possession of the Centers for Disease Control:
1. Any record indicating the effective date of CDC permission to Peter A. Rice, Boston University to handle the select agent tularemia, as required by the Bioterrorism Act of 2002 and implementing regulations;
2. Any record indicating the effective date of CDC permission to Mary Ellenberger, Boston University to handle the select agent tularemia, as required by the Bioterrorism Act of 2002 and implementing regulations;
3. Any record indicating the effective date of CDC permission to Daniel S. Shapiro, Boston University to handle the select agent tularemia, as required by the Bioterrorism Act of 2002 and implementing regulations;
4. Any record indicating the effective date of CDC permission to Jacqueline Sharon, Boston University to handle the select agent tularemia, as required by the Bioterrorism Act of 2002 and implementing regulations;
5. Any record indicating the effective date of CDC permission to Lee M. Wetzler, Boston University to handle the select agent tularemia, as required by the Bioterrorism Act of 2002 and implementing regulations;
6. Any record indicating the effective date of CDC permission to handle the select agent tularemia, as required by the Bioterrorism Act of 2002 and implementing regulations, by any other person at Boston University working under NIAID grant 1U19AI056543;
7. Any record indicating the effective date of approval for work with the select agent tularemia in each Boston University laboratory utilized by the persons identified in items one through six of this request;
8. All correspondence that refers to tularemia, regardless of format, received from or sent to Boston University during the months of May and June, 2004.
We request these records in electronic format if so available.
REQUEST FOR EXPEDITED PROCESSING
The Sunshine Project requests EXPEDITED PROCESSING of this Freedom of Information Act request because it meets both tests for such processing (only one is necessary):
First, failure to immediately release these records may be reasonably be expected to pose an imminent threat to life and physical safety of individuals, namely, residents of the City of Boston, Massachusetts and employees of Boston University, who have recently experienced three laboratory-acquired infections of virulent tularemia that were not properly detected and diagnosed. Release of the requested records will reduce the possibility of further laboratory-acquired infections at Boston University.
Secondly, the Sunshine Project is primarily engaged in disseminating of information to the public and an urgent need exists to inform the public concerning actual or alleged federal government activity. The urgent need is demonstrated by the lack of specific, verifiable information on select agent registrations by Boston University and its employees apparent in the numerous press articles that have been published on tularemia at Boston University in recent days. Please refer to the following URL to review these articles:
http://news.google.com/news?hl=en&ned=us&q=tularemia&btnG=Search+News
In view of the above, we request expedited processing both for reasons of public health and urgent public need for information on federal government activities.
WILLINGNESS TO PAY
The Sunshine Project, a 501(c) non-profit, public interest educational organization, is willing to pay up to $50 in search and duplication fees associated with this request, if any such fees are applicable.
YOUR REPLY
Please send your reply to this electronic mail address (tsp@sunshine-project.org) or, if on paper, by fax to 512-494-0545 or, if by US mail, to:
The Sunshine Project
P.O. Box 41987
Austin TX 78704Please contact me at this e-mail or 512-494-0545 if you have any questions in this request.
Thank you for your prompt attention to this pressing matter.
Sincerely,
Edward Hammond
Director
The Sunshine Project
P.O. Box 41987
Austin TX 78704
+1 512 494 0545
http://www.sunshine-project.org
22 January 2005
Ms. Susan Boyle
FOIA Coordinator
NIAID Office of Policy Analysis
6610 Rockledge Drive, MSC 6605
Bethesda, MD 20892FREEDOM OF INFORMATION ACT REQUEST
REQUEST FOR EXPEDITED PROCESSINGDear Ms. Boyle,
Pursuant to the Freedom of Information Act, as amended, the Sunshine Project requests the following records in the possession of the National Institute of Allergy and Infectious Disease (NIAID):
1. All certifications (or other assurances) of compliance with federal legislation, regulations, rules, guidelines, or manuals made by Boston University, Boston Medical Center, or any other legal entity or natural person in relation to NIAID award 1U19AI056543 ("Immuno-Prophylaxis-Therapy & Diagnosis of Tularemia").
This request includes all certifications and other assurances applying to the award in its entirety or to any portion thereof. This request includes all certifications and other assurances made at any point in the award process, including but not limited to the application, the award agreement, subagreements, sub-projects, and amendments thereto.
REQUEST FOR EXPEDITED PROCESSING
The Sunshine Project requests EXPEDITED PROCESSING of this Freedom of Information Act request.
The Sunshine Project is primarily engaged in disseminating of information to the public. Expediting Processing is required because of the urgent need to inform the public concerning actual or alleged federal government activity in the matter of this grant and laboratory-acquired infections that occurred in its course.
The urgent need is demonstrated by the lack of specific, verifiable information about the specific commitments that Boston University undertook in the course of this grant. The need is readily demonstrate by the numerous press articles that have been published on tularemia at Boston University in recent days. Please refer to the following URL to review these articles:
http://news.google.com/news?hl=en&ned=us&q=tularemia&btnG=Search+News
WILLINGNESS TO PAY
The Sunshine Project, a 501(c) non-profit, public interest educational organization, is willing to pay up to $25 in search and duplication fees associated with this request, if any such fees are applicable.
YOUR REPLY
Please send your reply to this electronic mail address (tsp@sunshine-project.org) or, if on paper, by fax to 512-494-0545 or, if by US mail, to:
The Sunshine Project
P.O. Box 41987
Austin TX 78704Please contact me at this e-mail or 512-494-0545 if you have any questions in this request.
Thank you for your prompt attention to this pressing matter.
Sincerely,
Edward Hammond
Director
The Sunshine Project
P.O. Box 41987
Austin TX 78704
+1 512 494 0545
http://www.sunshine-project.org