Freedom Of Information Act
As per the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (279KB PDF) the National Select Agent Registry has the following policy concerning the disclosure of information:
212 (h) Disclosure of Information
- (1) Nondisclosure of certain information. No Federal agency specified in paragraph (2) shall disclose under section 552 of title 5, United States Code, any of the following:
- (A) Any registration or transfer documentation submitted under subsections (b) and (c), or permits issued prior to the date of the enactment of this Act, for the possession, use or transfer of a listed agent or toxin; or information derived there from to the extent that it identifies the listed agent or toxin possessed, used or transferred by a specific person or discloses the identity or location of a specific person.
- (B) The national database developed pursuant to subsection (d), or any other compilation of the registration or transfer information submitted under subsections (b) and (c) to the extent that such compilation discloses site-specific registration or transfer information.
- (C) Any portion of a record that discloses the site- specific or transfer-specific safeguard and security measures used by a registered person to prevent unauthorized access to listed agents and toxins.
- (D) Any notification of a release of a listed agent or toxin submitted under subsections (b) and (c), or any notification of theft or loss submitted under such subsections.
- (E) Any portion of an evaluation or report of an inspection of a specific registered person conducted under subsection (f) that identifies the listed agent or toxin possessed by a specific registered person or that discloses the identity or location of a specific registered person if the agency determines that public disclosure of the information would endanger animal or plant health, or animal or plant products.
- (2) Covered agencies. For purposes of paragraph (1) only, the Federal agencies specified in this paragraph are the following:
- (A) The Department of Health and Human Services, the Department of Justice, the Department of Agriculture, and the Department of Transportation.
- (B)Any Federal agency to which information specified in paragraph (1) is transferred by any agency specified in subparagraph (A) of this paragraph.
- (C)Any Federal agency that is a registered person, or has a sub-agency component that is a registered person.
- (D)Any Federal agency that awards grants or enters into contracts or cooperative agreements involving listed agents and toxins to or with a registered person, and to which information specified in paragraph (1) is transferred by any such registered person.
- (3) Other exemptions. This subsection may not be construed as altering the application of any exemptions to public disclosure under section 552 of title 5, United States Code, except as to subsection 552(b)(3) of such title, to any of the information specified in paragraph (1).
- (4) Rule of construction. Except as specifically provided in paragraph (1), this subsection may not be construed as altering the authority of any Federal agency to withhold under section 552 of title 5, United States Code, or the obligation of any Federal agency to disclose under section 552 of title 5, United States Code, any information, including information relating to:
- (A) listed agents and toxins, or individuals seeking access to such agents and toxins;
- (B) registered persons, or persons seeking to register their possession, use, or transfer of such agents and toxins;
- (C) general safeguard and security policies and requirements under regulations under subsections (b) and (c); or
- (D) summary or statistical information concerning registrations, registrants, denials or revocations of registrations, listed agents and toxins, inspection evaluations and reports, or individuals seeking access to such agents and toxins.
- (5) Disclosures to Congress; other disclosures. This subsection may not be construed as providing any authority:
- (A) to withhold information from the Congress or any committee or subcommittee thereof; or
- (B) to withhold information from any person under any other Federal law or treaty.
If you have any questions please send an email to generalInquiries@selectagents.gov