Biological Safety Level Four Labs

Bradley Campbell filed this request with the Centers for Disease Control and Prevention of the United States of America.
Tracking # 13-00882
Est. Completion None
Status
No Responsive Documents

Communications

From: Bradley Campbell

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

A list of all biological safety level four labs operating in the United States.

A list of all biological safety level three labs operating in the United States.

A list of all biological safety level two labs operating in the United States.

A list of all biological safety level one labs operating in the United States.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Bradley Campbell

From: Center for Disease Control

An interim response, stating the request has been delayed

From: Bradley Campbell

To: Katherine Norris

In order to expedite the process. I'd like to amend the FOIA request.

I hereby request the following records:

A list, and location, of all biological safety level four labs operating in the United States.

Thank you.

-Bradley

From: Center for Disease Control

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

From: Bradley Campbell

CDC-

I hereby appeal the FOIA rejection. BSL 4 Labs are well known, studied and reported. Popular Mechanics even toured a BSlL 4 lab:

http://www.popularmechanics.com/science/health/med-tech/4315093

The Centers for Disease Control Website even has a page dedicated to "Recognizing Biological Safety Levels": http://www.cdc.gov/training/QuickLearns/biosafety/

Also: You specifically state such documents, if they exist, are protected by 42 U.S.C. 262a(h).

The law you cite focuses on the rights the CDC has to protect information pertaining to the following (abridged for clarity): listed agents and toxins, or individuals seeking access to such agents and toxins; registered persons, or persons seeking to register their possession, use, or transfer of such agents and toxins, site-specific safety protocol.

My request asked for the location and list of BSL 4 labs in operation across the US. It does not ask for agents, toxins or even safeguard protocols at each specific site. This also nullifies the argument the CDC can withhold the documents under 45 CFR 5.64 as my specific request does not fall under protections listed in 42 U.S.C. 262a(h).

Finally, due to reporting in popular consumer publication, and publications made on the Centers for Disease Control Website, I am confident such documents exist and believe they are well within the public right to know.

I appreciate your quick response in filling my request.

Sincerely,

Bradley Campbell

From: Ivey, John D. (PSC/AOS)

Request Number: -13-0582-AA
Date Received: 9/30/2013

in Re:
Appealing the Center for Disease Control and Prevention/Agency for Toxic Substances and Disease Registry (CDC/ATSDR)'s response to FOIA request number 13-00873 to deny all records under 5 U.S.C. Section (b)(3), 42 U.S.C. Section 262a(h) and the Department's implementing regulations at 45 CFR Section 5.64.

This will acknowledge receipt of your Freedom of Information Act (FOIA) request/appeal received by this office on the date above. Your request/appeal has been assigned a case number based on its receipt in this office and is being processed as expeditiously as possible. The actual processing time will depend on the complexity of your request and whether sensitive records, voluminous records, extensive search, and/or consultation with other HHS components or other executive branch agencies are involved. There may be a charge for these records and, in some cases, the charges may be substantial.

The FOIA and the Department of Health and Human Services (HHS) FOI regulations allow agencies to recover part of the costs of processing FOIA requests. The FOIA and the HHS FOIA regulations are available at the following web addresses: http://www.usdoj.gov/oip/foiastat.htm and http://www.hhs.gov/foia/45cfr5.html.

From: Bradley Campbell

Hi John-

I'd like to add this to the appeal. It's an email from a CDC employee that specifically states the CDC monitors and has a current count, or list, of BSL-4 facilities.

I aks that you expedite my request and send me that current count or list.

Message Below. (I've canceled out the recipient's name.) Thank you.

-Bradley

From: McDonald, Jason (CDC/OPHPR/OD) <gnf0@cdc.gov>
Date: Fri, Mar 1, 2013 at 2:55 PM
Subject: RE: Article - BSL-4
To:
Cc: "Skinner, Thomas W. (CDC/OD/OADC)" <tws3@cdc.gov>, "Daigle, David (CDC/OPHPR/OD)" <drd4@cdc.gov>

Good afternoon _______:

There are 347 entities registered with the federal government to work with select agents and toxins. We do keep track of the number of BSL-4 facilities and have a current count. Unfortunately, we will not release publicly that number. I can tell you there are 6 entities registered with the federal select agent program that operate BSL-4 laboratories and that yes, CDC is one of the entities.

Hope this helps.

Jason

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-00873-FOIA ; 13-0582-AA.

Thank you for your help.

From: PSC FOIA Request

To whom it may concern:

We are still waiting on CDC to provide a response, since this appeal was made on September 30, 2013, and then the government shut down for sixteen days, CDC FOIA was also shut down and as did this office, CDC has a backlog of cases that came in during the shutdown that had to be logged in and addressed. I will send a request for a status update and then email it to this email address.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-00873-FOIA ; 13-0582-AA.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-00873-FOIA ; 13-0582-AA.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 13, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #13-00873-FOIA ; 13-0582-AA.

Thank you for your help.

From: PSC FOIA Request

At this time we are still waiting for the Centers of Disease Control and Prevention (CDC) to reply to us regarding the appeal.

Thank you

Glenn Voelker
PSC FOIA

From: Peters, Deborah (OS/ASPA)

Tuesday, March 29, 2016

RE: Dept. of Health and Human Services \ FOIA Appeal #13-0582

Attn: Mr. Bradley Campbell
Muckrock News

Dear Mr. Campbell:

Good evening. Please find attached the Department's response to your September 12, 2013 Freedom of Information Act (FOIA) appeal, which you submitted to our agency in relation to the August 26, 2013 response from the Centers for Disease Control (CDC). Within your amended August 20, 2013 FOIA request, you sought records pertaining to BioSafety Level 4 laboratories.

Sincerely,

Deborah J. Peters \ Deborah.Peters@hhs.gov<mailto:Deborah.Peters@hhs.gov>
Freedom of Information Office
U.S. Department of Health and Human Services
Room 739G.2
200 Independence Avenue
Washington, D.C.

From: Peters, Deborah (OS/ASPA)

Tuesday, March 29, 2016

RE: Dept. of Health and Human Services \ FOIA Appeal #13-0582

Attn: Mr. Bradley Campbell
Muckrock News

Dear Mr. Campbell:

Good evening. I am resending this e-mail again; apparently the original e-mail went out without the attached letter - my apologies. Please find attached the Department's response to your September 12, 2013 Freedom of Information Act (FOIA) appeal, which you submitted to our agency in relation to the August 26, 2013 response from the Centers for Disease Control (CDC). Within your amended August 20, 2013 FOIA request, you sought records pertaining to BioSafety Level 4 laboratories.

Sincerely,

Deborah J. Peters \ Deborah.Peters@hhs.gov<mailto:Deborah.Peters@hhs.gov>
Freedom of Information Office
U.S. Department of Health and Human Services
Room 739G.2
200 Independence Avenue
Washington, D.C.

  • MuckRock Campbell Appeal #13-0582, 3-29-2016, Response Letter

From: Centers for Disease Control and Prevention

A no responsive documents response.

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