News

Secretary Becerra’s Extreme Legal Position Prioritizes Protecting Substantiated Abusers Over Victims Washington, D.C. — In a new letter , House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), Representative Mariannette Miller-Meeks (R-IA), and Representative August Pfluger (R-TX) asked Department of Health and Human Services (HHS) Secretary Xavier Becerra to provide the Committee with the legal basis requiring HHS to redact or hide the names of researchers determined to have committed sexual misconduct.  The letter comes following Secretary Becerra’s appearance before the Subcommittee on Health during which he claimed he could not release the names of individuals determined to have committed sexual harassment to Congress because of legal prohibitions. The Members requested that Secretary Becerra provide the Committee with the legal basis for HHS’s decision to redact the names of abusers who have substantiated findings of sexual harassment or abuse by April 30, 2024.  CLICK HERE to read the letter.  BACKGROUND :  The Committee first launched an investigation into the National Institutes of Health’s (NIH) handling of sexual harassment at grantee institutions in August 2021.   In October 2023, the Committee expanded its inquiry to include complaints involving NIH scientists.   After NIH’s failure to comply, Chair Rodgers subpoenaed NIH Director Monica Bertagnolli to produce documents in February of 2024.  Later that month, HHS responded on behalf of NIH to offer a rolling in camera document review to the Committee. Documents presented in the review have been highly redacted, including the redaction of the names of individuals convicted of criminal offenses, public news articles about individuals who have been found guilty of harassment, and redaction of the names of the institutions where the abuse occurred—preventing the Committee from understanding if NIH continues to fund work performed by substantiated abusers at other institutions—a practice known as “pass the harasser.”  FULL TIMELINE :  August 10, 2021 : E&C Republican Leaders Question NIH’s Handling of Sexual Harassment Complaints   August 11, 2022 : E&C Republican Leaders follow up with NIH on Insufficient Response to its Letter on the NIH’s handling of Sexual Harassment   November 30, 2022 : E&C Republicans to NIH: Turn Over Previously Requested Information Ahead of New Congress   March 14, 2023 : E&C Republicans Press NIH for Information on Handling of Sexual Harassment Complaints   October 6, 2023 : E&C Republicans Signal Intent to Issue Subpoenas to Obtain Information on NIH’s Handling of Sexual Harassment if Questions Go Unanswered   January 26, 2024 : Chair Rogers notifies NIH of Imminent Subpoecana   February 5, 2024 : Chair Rodgers Subpoenas NIH for Documents Related to Investigation into Sexual Harassment at NIH and NIH Grantee Institutions  February 20, 2024: HHS Responds on behalf of NIH to offer a rolling in camera document review to the Committee. Documents produced in the review have been highly redacted, including the redaction of the names of individuals convicted of criminal offenses, public news articles about individuals who have been found guilty of harassment, and redaction of the names of the institutions where the abuse occurred—effectively preventing the Committee from understanding if NIH continues to fund work performed by substantiated abusers at other institutions—a practice known as “pass the harasser.”  April 16, 2024 : E&C Republicans Expand Investigation into Sexual Harassment at NIH to now Include Review of HHS Office of Civil Rights Compliance Role  WHISTLEBLOWERS:    The Committee is seeking whistleblowers with knowledge of sexual harassment at the NIH or NIH grantee institutions, as well as those with knowledge of how the NIH handles such complaints.   The right for public employees to communicate with Congress, in their private capacities, is established in the First Amendment of the U.S. Constitution. In addition, various U.S. laws prohibit retaliation against whistleblowers for providing information to Congress. However, individuals still take serious risks when they engage in whistleblowing activity.   To better protect your communications, do not contact the Committee using work resources, work contact information, or while you are working . Further, consider consulting an attorney experienced in representing whistleblowers before you make a disclosure.   Do not submit classified information or other information barred from release through this form or by email. Unauthorized handling of classified information could result in criminal prosecution.   The Committee respects your need to remain confidential and will use your contact information only to follow up with you regarding your submission. You may submit a disclosure anonymously. However, please be aware that anonymous disclosures may limit the Committee’s ability to respond to the information that you provide.   Individuals with information about harassment at the NIH may contact the Committee via email at:   ReportNIHAbuse@mail.house.gov    Individuals with information about harassment at institutions that receive NIH grants may contact the Committee via email at:   ReportNIHGranteeAbuse@mail.house.gov    Additional resources can be found HERE . 

Washington, D.C. — In a new letter to the Administration for Strategic Preparedness and Response (ASPR), House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) raise questions about the ASPR’s mismanagement of the Strategic National Stockpile (SNS).  KEY LETTER EXCERPT :  “ The Committee is alarmed by a pattern of fiscal mismanagement and a series of failed acquisitions that have left the SNS dangerously under resourced and likely underprepared to respond to future public health emergencies . Over the last year, ASPR let over $850 million in emergency supplemental funding for the SNS go unused. These funds were eventually rescinded by the Office of Management and Budget (OMB) due to a lack of appropriate planning and urgency by ASPR. This recission occurred despite ASPR regularly expressing concerns to Congress about adequately funding the resupply of the SNS after the COVID-19 pandemic. This Committee responded to ASPR’s concerns by increasing the authorization of SNS funding in its reauthorization of the Pandemic All-Hazards Preparedness Act. Similarly, the Fiscal Year 2024 Labor, Health, and Human Services Appropriation Bill also increased funding for the SNS. As such, the failure to commit funds in a timely and competent manner is particularly frustrating. Moreover, the continued procurement dysfunction at ASPR puts remaining SNS funds, as well as funds for advance research and development, at risk of future recission by OMB .”  BACKGROUND :  Assistant Secretary for Preparedness and Response Dawn O’Connell has made it a primary goal to “restore and maintain the public health emergency capacity that has been severely strained by the pandemic including replenishing the Strategic National Stockpile.”  The SNS plays a critical role in ensuring America is prepared against chemical, biological, radiological, and nuclear threats, as well as pandemics and emerging infectious disease outbreaks.  Despite this apparent prioritization, in 2022, the non-partisan Government Accountability Office (GAO) placed the Department of Health and Human Services (HHS) management of public health emergencies, of which ASPR is a leading sub-agency, on its high-risk list of government programs that “are vulnerable to waste, fraud, abuse, or mismanagement, or in need of transformation.”  In making this determination, the GAO raised concerns about ASPR’s ability to manage the SNS and medical countermeasure contracts.  On May 2, 2024, the GAO published a report outlining ongoing challenges for managing the SNS, noting that public health emergency coordination remains on its “High Risk List.”  The Chairs asked Assistant Secretary for Preparedness and Response Dawn O’Connell for answers to a series of questions related to ASPR’s past and future contracting processes, policies, and decisions to ensure our nation is prepared and ready to respond to health security threats. The Committee requested answers by May 21, 2024.  CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) wrote to NPR CEO Katherine Maher regarding reports of political and ideological bias at the taxpayer-funded public radio organization. In addition to requesting answers to questions, the letter requests Ms. Maher appear before the Oversight and Investigations Subcommittee for a hearing on May 8, 2024. "The Committee has concerns about the direction in which NPR may be headed under past and present leadership. As a taxpayer funded, public radio organization, NPR should focus on fair and objective news reporting that both considers and reflects the views of the larger U.S. population and not just a niche audience," the Chairs wrote.   They continued , "We also find it disconcerting that NPR’s coverage of major news in recent years has been so polarized as to preclude any need to uncover the truth. These have included news stories on matters of national security and importance, such as the Mueller report, the Hunter Biden laptop, and the COVID-19 origins investigation. On each of these issues, NPR has been accused of approaching its news reporting with an extreme left-leaning lens." “In light of the recent, disturbing revelations about National Public Radio (NPR) and its leadership, I’ve directed Chair McMorris Rodgers and the Energy and Commerce Committee to conduct an investigation of NPR and determine what actions should be taken to hold the organization accountable for its ideological bias and contempt for facts. The American people support the free press but will not be made to fund a left-leaning political agenda with taxpayer funds.” said Speaker Mike Johnson (R-LA) regarding the effort. CLICK HERE to read the letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, wrote to National Institutes of Health (NIH) Director Monica Bertagnolli. In the letter, the Chairs ask the NIH to confirm by May 14, 2024, whether the agency has complied with White House guidance to stop funding projects led by researchers and entities in Russia.  BACKGROUND :  On June 11, 2022, the White House Office of Science and Technology Policy (OSTP) issued guidance stating such projects and programs that commenced and/or were funded prior to Russia’s further invasion of Ukraine in February 2022 may be concluded, but new projects in affected subject areas will not be initiated.   The OSTP advised applicable departments and agencies to curtail interaction with the leadership of Russian government-affiliated universities and research institutions, as well as those who have publicly expressed support for the invasion of Ukraine.  In a statement in an April 9, 2023, article in The Washington Times , the NIH’s Office of Extramural Research claimed that “NIH currently does not fund any research in Russia.”  However, the Data Abyss tracker for the OSTP Russia guidance on federal funding agencies indicates that, as of April 5, 2024, the NIH has potentially 240 instances of problematic research collaborations since June 2022 that do not comply with the guidance. CLICK HERE to read the letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, wrote to Department of Health and Human Services (HHS) Secretary Xavier Becerra.  The letter outlines concerns with the role HHS Office of Civil Rights (OCR) plays—or fails to play—in investigating instances of sexual harassment that occurs at research institutions which receive grants from the National Institutes of Health (NIH).  KEY EXCERPTS :  “There have been several public reports of sexual harassment occurring on NIH-funded research or NIH-supported activities over the last decade, and it raises concerns about what, if any, actions the NIH has taken to resolve these issues. The NIH’s own statistics show a significant problem with more than 300 cases related to sexual or gender harassment since 2018—with about a third of those allegations being substantiated. This also represents hundreds of men and women who may be forced to operate in a hostile or unsafe research environment.”  [...]  “According to the HHS website, OCR does investigate and resolve complaints of sexual harassment in the education and health programs of recipients of grants or other federal financial assistance from HHS—including the NIH. Moreover, HHS OCR is required to conduct periodic compliance reviews of institutional Title IX programs to ensure compliance with the law—including examining the way in which complaints are handled by the institution.”  The Chairs have requested answers to questions about HHS OCR’s role by April 30, 2024.  BACKGROUND :  Based on a recommendation from the U.S. Government Accountability Office (GAO), HHS OCR and the NIH adopted a memorandum of understanding (MOU) to facilitate communication between the two components of HHS as it relates to sexual harassment.   This MOU was intended to clarify procedures on how the enforcement arm of HHS and the grant-making arm share valuable information with one another in an effort to respond appropriately to complaints of sexual harassment and prevent federal grant money from going to those with a history of sexual misconduct.   TIMELINE OF INVESTIGATION :  August 10, 2021 : E&C Republican Leaders Question NIH’s Handling of Sexual Harassment Complaints  August 11, 2022 : E&C Republican Leaders follow up with NIH on Insufficient Response to its Letter on the NIH’s handling of Sexual Harassment  November 30, 2022 : E&C Republicans to NIH: Turn Over Previously Requested Information Ahead of New Congress  March 14, 2023 : E&C Republicans Press NIH for Information on Handling of Sexual Harassment Complaints  October 6, 2023 : E&C Republicans Signal Intent to Issue Subpoenas to Obtain Information on NIH’s Handling of Sexual Harassment if Questions Go Unanswered  January 26, 2024 : Chair Rogers notifies NIH of Imminent Subpoena  February 5, 2024 : Chair Rodgers Subpoenas NIH for Documents Related to Investigation into Sexual Harassment at NIH and NIH Grantee Institutions February 20, 2024: HHS Responds on behalf of NIH to offer a rolling in camera document review to the Committee. Documents produced in the review have been highly redacted, including the redaction of the names of individuals convicted of criminal offenses, public news articles about individuals who have been found guilty of harassment, and redaction of the names of the institutions where the abuse occurred—effectively preventing the Committee from understanding if NIH continues to fund work performed by substantiated abusers at other institutions—a practice known as “pass the harasser.”

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone, Jr., (D-NJ), Subcommittee on Health Chair Brett Guthrie (R-KY) and Ranking Member Anna G. Eshoo (D-CA), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) and Ranking Member Kathy Castor (D-FL) wrote to UnitedHealth Group, Inc., CEO Andrew Witty today seeking information about the cyberattack on Change Healthcare. Change Healthcare, which was acquired by UnitedHealth Group’s Optum subsidiary in 2022, is one of the nation’s largest providers of health care payment management systems. On February 21, UnitedHealth Group reported it had experienced a cyberattack on its platforms, and it had taken all Change Healthcare systems offline to contain the incident. As a result of the outage, critical services affecting patient care—including billing services, claims transmittals, and eligibility verifications—became inoperable. Though UnitedHealth first notified users that it expected the disruption to “last at least through the day,” several of the company’s products have now been inoperable for more than a month. “Change Healthcare is a central player in the country’s health care system, which has been upended by the recent breach,” t he bipartisan Committee leaders wrote to Mr. Witty. “We are interested in your efforts to secure Change Healthcare’s systems since it was acquired by your company and the efforts you are taking to restore system functionality and support patients and providers affected by the attack.” Change Healthcare’s platforms touch an estimated one in three U.S. patient records. Its systems process roughly 15 billion transactions annually, and are linked to approximately 900,000 physicians, 118,000 dentists, 33,000 pharmacies, and 5,500 hospitals nationwide. The breadth of Change Healthcare’s infrastructure all but ensures that the scope of the current disruption, and any disruption in Change Healthcare services, will be extensive. “The health care system is rapidly consolidating at virtually every level, creating fewer redundancies and more vulnerability to the entire system if an entity with significant market share at any level of the system is compromised,” the Committee leaders wrote. “In order to understand better the steps UnitedHealth has taken to address this situation, we request information about the impact of the cyberattack, the actions the company is taking to secure its systems, and the outreach to the health care community in the aftermath.” As a result of the system outage, providers reportedly struggled to make payroll while some patients have been forced to pay out of pocket for crucial medications including cancer therapy drugs and insulin because pharmacies are unable to verify coverage. The Committee leaders requested answers to a series of detailed questions by April 29, 2024. CLICK HERE to read the full letter. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), and Subcommittee on Environment, Manufacturing, & Critical Materials Chair Buddy Carter (R-GA) wrote to Environmental Protection Agency (EPA) Administrator Michael Regan regarding the agency’s Clean School Bus Program. KEY EXCERPT:   “Alarming information about this program continues to emerge. In particular, the EPA’s Office of the Inspector General (OIG) has flagged serious shortcomings in the program that create significant vulnerabilities to waste, fraud, and abuse. The EPA’s own reporting on the program reveals that numerous award recipients encountered difficulty utilizing the funding they were awarded. Additionally, the EPA continues to administer the program in a manner that favors the use of electric school buses over other types of buses that are eligible for funding under the program.”  CHALLENGES TO IMPLEMENT:   Of almost 400 selectees under the 2022 Clean School Bus Rebate program 46 selectees withdrew from the program.  The most common reasons provided for withdrawal were school boards voting against the projects for reasons including difficulties coordinating with electric utilities, potentially lengthy and costly electric infrastructure upgrades required to install electric vehicle supply equipment, and hesitancy about maintenance and range issues associated with electric buses.  The OIG concluded in a December 2023 audit that “the agency may be unable to effectively manage and achieve the program mission unless local utility companies can meet increasing power and supply demands for electric buses.”  The OIG noted that establishing charging stations and connecting them to power lines could take approximately twelve to twenty-four months.   Stakeholders reported that infrastructure to support 25 buses or more demands a more complex electrical setup, which can take a year to construct.  POTENTIAL FOR WASTE, FRAUD, AND ABUSE:   In December 2023, the OIG issued a Management Implication Report that highlighted serious problems with the Clean School Bus Program.   The OIG “identified concerns regarding the EPA’s lack of robust verification mechanisms within the Clean School Bus rebate and grant application process, which led to third parties submitting applications on behalf of unwitting school districts, applicants not being forthright or transparent, entities self-certifying applications without having corroborating supporting documentation, and entities being awarded funds and violating program requirements.”  The OIG further stated, “Our initial investigation of its protocols found that the Clean School Bus Program is rife with potentially inaccurate information” and that “the EPA uses few mechanisms to verify the accuracy of application contents and relies on the applicant’s self-certification of all aspects of the application,” including the applicant’s eligibility for the program, satisfaction of vehicle-use requirements, and the identity of the school district the replacement buses funded by the program will serve.  The OIG also found that an administrative entity with zero students was selected to receive a rebate, despite it seeking funding for buses that were ineligible for the program.   Some recipients selected to receive rebates under the 2022 Clean School Bus Rebate program later declined the funding.   These withdrawals accounted for $38 million of awards, which the OIG stated lengthened program timetables and created confusion.  EPA PICKING WINNERS AND LOSERS:   The Infrastructure Investment and Jobs Act (IIJA) directed the EPA to award grants, rebates, and contracts to replace existing school buses with both zero-emission buses and clean school buses.  The IIJA defines clean school buses as school buses that reduce emissions and operate partly or entirely using an alternative fuel, or zero-emission buses.   The Committee has previously voiced concerns about the EPA's bias towards electric buses while ignoring the benefits of other clean school buses, concerns that persist today.   According to information provided by the agency, “As of January 2024, the EPA has awarded approximately $1.84 billion to fund 5,103 clean school buses—96 percent of which are electric—and related charging infrastructure at 642 school districts in most states and territories, and at schools operated by federally recognized Tribes.”   Under the 2023 Clean School Bus Rebates program, the EPA continues to offer maximum awards for fully electric school buses that are several times larger than the maximum award amount for other types of clean school buses.  Additionally, under the Clean School Bus program, the EPA continues to fund charging infrastructure for electric vehicles but not propane or compressed natural gas fueling infrastructure.  Under the 2022 Clean School Bus Rebate program, the maximum bus funding amount for a class 7+ zero-emission bus was $375,000, and the maximum amount for a propane class 7+ propane bus was $30,000.  The EPA reported, “The majority of awarded electric school buses cost at or near $375,000, while many awarded propane buses cost around $150,000.”  In other words, the maximum rebate amount seemingly covered the entire cost of an electric bus but covered only a fraction of a propane bus.  CLICK HERE to read the letter.

Washington, D.C. — House Energy and Commerce Committee (E&C) Chair Cathy McMorris Rodgers (R-WA), E&C Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), and E&C Subcommittee on Health Chair Brett Guthrie (R-KY), Select Subcommittee on the Coronavirus Pandemic Chair Brad Wenstrup (R-OH), and House Oversight and Accountability Committee Chair James Comer (R-KY) announced that EcoHealth Alliance (EcoHealth) President Dr. Peter Daszak will appear for a public hearing on May 1, 2024. EcoHealth—a U.S.-based non-profit whose mission is to prevent pandemics—used taxpayer dollars to fund dangerous gain-of-function research at the Wuhan Institute of Virology (WIV). During his closed-door transcribed interview with the Committees on November 14, 2023, Dr. Daszak made multiple statements inconsistent with documents and evidence reviewed by the Committees. This raises serious questions about the veracity of EcoHealth’s public statements, including its insistence that the research it funded at the WIV could not have caused the pandemic. The Chairs are calling on Dr. Daszak to address the discrepancies in his testimony and publicly explain EcoHealth’s relationship with the WIV. “These revelations undermine your credibility as well as every factual assertion you made during your transcribed interview. The Committees have a right and an obligation to protect the integrity of their investigations, including the accuracy of testimony during a transcribed interview. We invite you to correct the record,” wrote the Chairs. In preparation for the public hearing next month, the Chairs are also requesting further information from Dr. Daszak about EcoHealth’s communication with the WIV, public health agencies, and prominent individuals involved in the suppression of the lab-leak hypothesis. BACKGROUND: Dr. Daszak told the Committees that EcoHealth intended to conduct dangerous gain-of-function research on bat coronaviruses at a University of North Carolina lab if its proposal—known widely as DEFUSE—was approved by the Defense Advanced Research Projects Agency (DARPA). A recently released Freedom of Information Act document production directly contradicts this statement and suggests that EcoHealth intended to mislead DARPA and conduct the risky research at the WIV instead. Dr. Daszak’s statements require correction and clarification as these documents suggest that EcoHealth intended to conduct research at laboratories with weaker biosafety measures set by the Chinese government instead of at laboratories with higher biosafety standards required by the United States.  Scientific evidence and available intelligence indicate that a research-related incident at a lab in Wuhan remains a plausible cause of the COVID-19 pandemic. EcoHealth’s negligent, haphazard approach to biosafety and grant compliance, coupled with the misleading statements by Dr. Daszak to the Committees, raises serious concerns that must be further addressed at the hearing. CLICK HERE to read the Committees letter to Dr. Daszak.

Washington, D.C. — In a new letter, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Republicans, wrote to Government Accountability Office Comptroller General Gene Dodaro. KEY QUOTE :  “We write to request that the Government Accountability Office (GAO) examine the extent to which the National Institutes of Health (NIH) adequately safeguards research funds from national security concerns related to the Chinese military or over the unethical use of human beings in research studies, especially from entities of concern in China.”   The Chairs have particular concerns about NIH funding that is tied to:  Researchers with affiliations with the “Seven Sons of National Defense,” a group of seven universities with historical ties with China’s military defense industry.  Questionable Chinese research entities, including BGI—a firm based in Shenzhen picked by the Chinese government to build and operate the China National GeneBank.  The unethical use of Chinese ethnic minority data in research studies, including that from Tibetan or Uyghur populations.  BACKGROUND :  Recent reports have raised concerns about the NIH’s ability to screen for national security issues.   A six-month investigation by Vanity Fair found that for a decade, warnings were issued by the Department of Energy to the NIH concerning the risk that U.S.-funded biology research could be misused by overseas partners.   Recent reports from the U.S. Department of Health and Human Services Office of the Inspector General and GAO have noted NIH safeguarding problems regarding foreign grant recipients.   Recently, a student from China who was headed to the National Cancer Institute was repatriated at Dulles Airport after interrogation from Department of Homeland Security officials about ties to the Chinese government, Chinese military, or state laboratories.  Concerns about the NIH’s ability to vet foreign collaborators have also arisen from the Committee’s investigation of the origins of the COVID-19 pandemic.  CLICK HERE to read the full letter.