My title is a play
on the Shakespearean quote from his work, “Henry VI”, “First thing we do, let’s
kill all the lawyers!” uttered by Dick the Butcher in hopes that if he could do
away with law and order, he could become king. This title seems apropos for the
purging of the institutional memory of the NSABB yesterday with the wave of
dismissals of 11 of the 23 member FACA (Federal Advisory Committee). Yesterday’s
news of the purge of the NSABB in the wake of the CDC and NIH incidents with
anthrax and smallpox, raises questions about the reason for making an exception
to the charter’s length of service of membership appointments and the very
purpose of the NSABB. The NSABB Charter provides that members will be appointed
“for overlapping terms of up to four years; . . .”
The purpose of the NSABB is
explained in the charter “. . . is to
provide, as requested, advice, guidance, and leadership regarding biosecurity
oversight of dual use research, defined as biological research with legitimate
scientific purpose that may be misues to pose a biologic threat to public
health and national security. The NSABB will provide advice on and recommend
specific strategies for the efficient and effective oversight of federally conducted
or supported dual use biological research. . .”
This is a very narrow charge, and the NSABB has historically worked
in this narrow area. The scope of
authority for the NSABB does not include advice on the proper regulation of
federal conducted research --- only that research in the context of its “dual
use” implications. Even a new array of
advisors will have no further authority than the existing and purged
membership, so it is unclear what the expectations are for this exceptional
overturn of membership.
The Pandemic and All-Hazards and Preparedness
Act, 42 U.S.C. 217a, sec. 222, is the authority for the NSABB. The NSABB is a Federal Advisory Committee
which means it is made up of non-government members with government members and
is advisory, only. The NSABB advises the
Secretary of Health and Human Services.
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