Health

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) and Subcommittee on Health Chair Brett Guthrie (R-KY) announced a hearing titled "Check Up: Examining FDA Regulation of Drugs, Biologics, and Devices." “America remains the leader in developing cutting edge biomedical innovation. Countries around the globe look to the FDA for guidance on facilitating safe and effective treatments and medical devices,” said Chairs Rodgers and Guthrie. “Given the increased funding provided in the most recent user fee reauthorization, it’s important that we engage regularly with key FDA officials to better understand what’s working well at the FDA and what challenges persist. Continuing to rebuild public trust in government health agencies is critical and will require more transparency from agencies like the FDA.”  Subcommittee on Health hearing titled "Check Up: Examining FDA Regulation of Drugs, Biologics, and Devices."   WHAT : A hearing to discuss the Food and Drug Administration’s (FDA) regulation of drugs, biologics, and devices.  DATE : Wednesday, May 22, 2024 TIME : 10:30 AM ET LOCATION : 2322 Rayburn House Office Building WITNESSES : Patrizia Cavazzoni, M.D ., Director, Center for Drug Evaluation and Research (CDER), Food and Drug Administration   Peter Marks, M.D., Ph.D. , Director, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration   Jeffrey Shuren, M.D., J.D. , Director, Center for Devices and Radiological Health (CDRH), Food and Drug Administration   This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Emma Schultheis with the Committee staff at Emma.Schultheis@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov .

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 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.