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2023.11.2 SSCP Ec Letter To Hhs Re. Me
2023.11.2 SSCP Ec Letter To Hhs Re. Me
2023.11.2 SSCP Ec Letter To Hhs Re. Me
The Committees continue to have serious concerns regarding the adequacy of the
Department’s efforts to comply with our legitimate oversight requests. At the request of the
Department, the Committees deferred a transcribed interview with Assistant Secretary Melanie
Egorin to accommodate a meeting requested by the Department to discuss its oversight
compliance efforts—including its response to our September 14 Letter. As outlined below, the
Department’s explanations were insufficient and did not address the Committees’ outstanding
questions. Accordingly, attached to this letter please find a subpoena for Assistant Secretary
Melanie Egorin to appear for a deposition on November 16, 2023.1
1
While the Committee on Oversight and Accountability is serving the Department with a testimonial subpoena, this
deposition will be conducted jointly. If necessary, the Committee on Energy and Commerce will issue a separate
testimonial subpoena pursuant to Rule 16 of the Committee’s Rules.
The Honorable Xavier Becerra
November 2, 2023
Page 2
I. Background
At the beginning of the 118th Congress, on February 2 and 13, 2023, respectively, the
Committees sent the Department requests for documents and communications relevant to this
investigation.3 The Select Subcommittee’s letter also included requests for 29 voluntary
transcribed interviews.4
As part of our duty to conduct oversight of the Executive Branch, we recognize our
obligation to participate in the constitutionally mandated accommodations process. To that end,
the Committees have endeavored to work in good faith with the Department. Between February
and September 2023, the Committees have: (1) identified priority categories of document
requests as well as discrete documents of interest, (2) deprioritized or withdrawn certain
document requests, (3) freely granted extensions of time, and (4), at the request of the
Department, reviewed certain documents in camera.
Our accommodations have not been met with reciprocal actions from the Department,
and its efforts to produce documents are deficient. For example, the Department has: (1)
produced documents with more substantial redactions than those in documents that are publicly
available, (2) redacted the names of non-governmental employees and foreign nationals without
legitimate reasons, (3) missed numerous production deadlines, often without explanation, (4)
withheld requested documents, again often without explanation, and, as the Congress has gone
on, (5) made productions at a slower and slower cadence.
2
Letter from Hon. James Clyburn, Chairman, Select Subcomm. on the Coronavirus Crisis, H. Comm. on Oversight
& Reform, to Hon. Steve Scalise, Ranking Member, Select Subcomm. on the Coronavirus Crisis, H. Comm. on
Oversight & Reform, & Hon. James Comer, Ranking Member, H. Comm. on Oversight & Reform (June 11, 2021).
3
Letter from Hon. Cathy McMorris Rogers, et. al., Chair, H. Comm. on Energy & Commerce, to Lawrence Tabak,
D.D.S, Ph.D., Senior Official Performing the Duties of the Director, Nat’l Insts. Of Health (Feb. 2, 2023); Letter
from Hon. Brad Wenstrup, et. al., Chairman, Select Subcomm. on the Coronavirus Pandemic, H. Comm. on
Oversight & Accountability (Feb. 13, 2023).
4
Id.
The Honorable Xavier Becerra
November 2, 2023
Page 3
On September 18, 2023, Select Subcommittee staff reminded the Department that the
requested information was expected and that, if the Department failed to comply, the Committees
expected Assistant Secretary Egorin’s appearance and testimony on September 28.7 On
September 21, the Department sent a letter to the Committees attempting to defend its record of
compliance with oversight requests.8 Unfortunately, the Department’s response did not address
our concerns, and—tellingly—the letter did not include any of the documents or data requested
by the Committees.
On September 25, Select Subcommittee staff informed the Department that its response
in the September 21 letter “did not satisfy the Chairs’ requests” and that the interview of
Assistant Secretary Egorin would proceed as requested.9 Select Subcommittee staff also
reiterated that the Department had yet to indicate whether Assistant Secretary Egorin would not
cooperate. The Department did not immediately respond.
5
Letter from Hon. Brad Wenstrup, et. al., Chairman, Select Subcomm. on the Coronavirus Pandemic, H. Comm. on
Oversight & Accountability, to Hon. Xavier Becerra, Sec’y, U.S. Dept. of Health & Human Servs. (Sept. 14, 2023)
[hereinafter “September 14 Letter”].
6
Letter from Hon. Melanie Anne Egorin, Ass’t Sec’y for Legislation, U.S. Dept. of Health & Human Servs., to Hon.
Brad Wenstrup, et. al., Select Subcomm. on the Coronavirus Pandemic, H. Comm. on Oversight & Accountability
(Oct. 11, 2023) [hereinafter “October 11 Letter”].
7
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Staff, U.S. Dept. of Health & Human Servs.
(Sept. 18, 2023).
8
Letter from Hon. Melanie Anne Egorin, Ass’t Sec’y for Legislation, U.S. Dept. of Health & Human Servs., to Hon.
Brad Wenstrup, et. al., Select Subcomm. on the Coronavirus Pandemic, H. Comm. on Oversight & Accountability
(Sept. 21, 2023).
9
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Staff, U.S. Dept. of Health & Human Servs.
(Sept. 25, 2023).
10
E-Mail from Staff, U.S. Dept. of Health & Human Servs., to Staff, Select Subcomm. on the Coronavirus
Pandemic (Sept. 27, 2023).
The Honorable Xavier Becerra
November 2, 2023
Page 4
extension—to October 5—pending a negative test. Again, at no time after the extension was
granted did the Department indicate that Assistant Secretary Egorin would refuse to cooperate.
On October 11, Select Subcommittee staff notified the Department of the logistical
details for the interview.15 The Department’s response gave no indication that Assistant Secretary
Egorin would refuse to cooperate.16 Later that day, Committee and Department staff discussed
the scheduled interview via a phone call. The Department stated that the Committees would
receive a substantive response that day, but never indicated that Assistant Secretary Egorin would
refuse to cooperate.
II. The Committees’ Response to the Department’s October 11, 2023 Letter
On October 11, the Department sent the Committees a letter.17 This letter included
minimal information responsive to the Committees’ outstanding questions. The September 14
Letter requested answers to four questions:
1. How many new or unique searches or pulls of information were conducted by the
Department?
11
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Staff, U.S. Dept. of Health & Human
Servs. (Oct. 2, 2023).
12
E-Mail from Staff, U.S. Dept. of Health & Human Servs., to Staff, Select Subcomm. on the Coronavirus
Pandemic (Oct. 2, 2023).
13
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Staff, U.S. Dept. of Health & Human
Servs. (Oct. 2, 2023).
14
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Staff, U.S. Dept. of Health & Human
Servs. (Oct. 10, 2023).
15
E-Mail from Staff, Select Subcomm. on the Coronavirus Pandemic, to Staff, U.S. Dept. of Health & Human
Servs. (Oct. 11, 2023).
16
E-Mail from Staff, U.S. Dept. of Health & Human Servs., to Staff, Select Subcomm. on the Coronavirus
Pandemic (Oct. 11, 2023).
17
October 11 Letter, supra note 6.
The Honorable Xavier Becerra
November 2, 2023
Page 5
3. What was the list of search terms used for these pulls?
The Department provided the Committees with six search terms but stated that additional
unspecified terms were also used. Unfortunately, one of the six search terms disclosed,
“2R01AI110964-06,” is arbitrarily limiting. Instead of searching for the original grant
number, the Department evidently only searched for the grant renewal, thus cutting off
five years of responsive documents. Regardless, the list of search terms provided by the
Department is incomplete.
The Department provided the Committees with the names of seven custodians who had in
some manner had their email accounts searched. Again, the Department promised there
would be additional unspecified custodians. Regardless, the list provided by the
Department is incomplete.
Why the Department chose to only provide an admittedly incomplete list of custodians and
search terms is unknown.
A. The Committees have a reasonable basis to suspect the Department is not making a
sufficient effort to address legitimate oversight requests.
As outlined below, the Department is not addressing our legitimate oversight requests and
is withholding information and documents without a legal basis:
• The Department redacted information in productions to the Committees that was not
redacted in related Freedom of Information Act (FOIA) productions.18 FOIA does not
apply to Congress. There is no legal basis for a Congressional Committee to receive less
information than a FOIA requestor.
however, when asked to provide the Committees with information on how the
Department ascertained these threats, especially those regarding foreign nationals, the
Department failed to answer.
• The Department missed numerous deadlines and, in some cases, simply failed to produce
any of the requested documents in response to legitimate oversight requests.
• As discussed above, despite the Committees coordinating schedules, booking rooms, and
preparing questions and exhibits, the Department misled the Committees regarding
Assistant Secretary Egorin’s intent to refuse a voluntary transcribed interview and only
informed the Committees of her refusal less than 24 hours prior to her scheduled
interview.
These actions reflect bad faith and form a reasonable basis for the Committees’ skepticism
regarding the Department’s compliance efforts.
B. The Committees have a specific informational need to request data responding to the
questions outlined in the September 14 Letter.
Anticipating the possibility that the Biden Administration would obstruct efforts to
investigate the origins of the COVID-19 pandemic, the House specifically granted the Select
Subcommittee the power and authority to investigate:
We have explicit jurisdiction, as voted on and passed by the whole of the House, to investigate
how the Department is responding, or not, to Congress.
20
H. Res. 5, 118th Cong. §(4)(a)(2)(ix) (2023) (emphasis added).
The Honorable Xavier Becerra
November 2, 2023
Page 7
deleted government records.21 Platitudes professing the Department’s “good faith” and
assurances that political appointees are “work[ing] diligently” on requests without providing
corroborative evidence is not sufficient.22
The attendees included bipartisan Committee staff, Assistant Secretary Egorin, and two
other Department representatives. Despite the promise of a substantive discussion, the
Department representatives only had one copy of the September 14 Letter amongst them and
brought no other documents. The lack of seriousness and preparation was insulting.
At the Department’s insistence, the meeting ended before the Committees could ask all
their questions. It is now clear that the Department, under the Biden Administration, has made a
deliberate decision to create a system that makes it difficult, if not impossible, to respond to
Congressional oversight requests. In addition, in prior administrations, the Department and/or its
operating divisions have detailed or hired additional staff as needed to respond adequately to a
high volume of Congressional oversight requests.
The only conceivable explanation for why the Department would deliberately cripple its
ability to respond to oversight requests is that its political leadership wants to obstruct Congress.
The Department’s continued assertions that it is working in “good faith” with Congress are
outrageous when compared to how it actually responds to oversight requests. The Department’s
course of conduct over several months in response to our oversight requests is not reasonable and
21
Letter from Hon. Brad Wenstrup, Chairman, Select Subcomm. on the Coronavirus Pandemic, H. Comm. on
Oversight & Accountability, to David Morens, M.D., Senior Scientific Advisor, Office of the Dir., Nat’l Inst. Of
Allergy & Infectious Diseases (June 29, 2023).
22
October 11 Letter, supra note 6.
The Honorable Xavier Becerra
November 2, 2023
Page 8
lacks a legal basis. There is no evidence that the Department is willing to take steps to address
the Committees’ concerns.
The above facts and unanswered questions necessitate and support this subpoena for
testimony. We look forward to Assistant Secretary Egorin’s cooperation.
***
The Committee on Energy and Commerce is the authorizing committee with jurisdiction
and oversight responsibilities for public health service agencies, including the National Institutes
of Health and the entities it funds, as well as federal biomedical research and development.
Sincerely,
Brett Guthrie
Chair
Subcommittee on Health
The Honorable Xavier Becerra
November 2, 2023
Page 10
Appendix I
1. As NIH provided to the Department of Health and Human Services Office of Inspector
General in approximately October or November 2021, the 32 GB production, totaling
more than 20,000 emails, no later than November 8, 2023.
2. All documents and communications between and among NIH, NIAID, and/or HHS
employees and EcoHealth employees, or affiliated individuals, regarding the letter in The
Lancet entitled “Statement in support of the scientists, public health professionals, and
medical professionals of China combatting COVID-19.”
3. All documents and communications regarding, referring to, or relating to the February 1,
2020 teleconference regarding COVID-19.
4. All documents and communications regarding the drafting, publication, and critical
reception of “The Proximal Origin of SARS-CoV-2” published in Nature Medicine on
March 17, 2020.
5. All documents and communications between and among NIH, NIAID, and/or HHS
employees regarding the WIV from November 1, 2019 through present.
6. All documents and communications between and among NIH and/or NIAID employees
and employees of the WIV from January 1, 2014, through present. The likely responsive
e-mail addresses would end with “@wh.iov.cn.”
7. All notes in the custody and control of the Department or any of its sub-agencies
resulting from the February 1, 2020, conference call.
The existence of contemporaneous notes regarding the February 1 conference call was
confirmed to the Select Subcommittee by XX. XXXXXXXX XXX, who was on the call.
On October 19, 2023, the Department provided the Committees with the unfunded
application numbers, titles, received by dates, and locations of research for two proposals that
were responsive to our previous requests.
Appendix II
For the Requests (2)-(7) in Appendix I, the Department should prioritize the following
custodians and follow the corresponding production schedule:
Please produce the responsive documents and communications for Requests (2)-(7) from the
following custodians as soon as possible but no later than November 9, 2023:
1. Dr. Michael Lauer;
2. Dr. Emily Erbelding; and
3. Dr. Erik Stemmy.
Please produce the responsive documents and communications for Requests (2)-(7) from the
following custodians as soon as possible but no later than November 16, 2023:
1. Dr. Hugh Auchincloss;
2. Mr. Greg Folkers; and
3. Mr. Gray Handley.
Please produce the responsive documents and communications for Requests (2)-(7) from the
following custodians as soon as possible but no later than November 23, 2023:
1. Dr. David Morens;
2. Dr. Cliff Lane; and
3. Dr. Ping Chen.
Please produce the responsive documents and communications for Requests (2)-(7) from the
following custodians as soon as possible but no later than November 30, 2023:
1. Dr. Anthony Fauci;
2. Dr. Francis Collins; and
3. Dr. Lawrence Tabak.
The Honorable Xavier Becerra
November 2, 2023
Page 13
Appendix III
For the Requests (2)-(7) in Appendix I, the Department should prioritize the following
search terms, names, and entities to include any iterations thereof:
Terms
1. Coronavirus;
2. Novel;
3. CoV;
4. Novel bat-CoV;
5. SARS;
6. SARS-like;
7. SARS-related;
8. Zoonotic;
9. Market;
10. Lab;
11. Origin;
12. Outbreak;
13. Pangolin;
14. Pneumonia;
15. Conspiracy;
16. Genome;
17. Sequence;
18. Backbone;
19. Furin Cleavage Site;
20. Polybasic Cleavage Site;
21. Codon;
22. ACE2;
23. Spike Protein;
24. S1;
25. S2;
26. O-linked Glycans;
27. Receptor Binding Domain;
28. Serial Passage;
29. Cell Culture;
30. Tissue Culture;
31. Gain of Function;
32. Manipulated;
33. Modified;
34. Recombination;
35. Weapon;
36. P3CO;
37. Potential Pandemic Pathogen;
38. Enhanced Potential Pandemic Pathogen;
39. Dual Use;
The Honorable Xavier Becerra
November 2, 2023
Page 14
40. COVID-19;
41. SARS-CoV-2;
42. China;
43. Wuhan;
44. Hubei;
45. Huanan;
46. R01AI110964;
47. Understanding the Risk of Bat Coronavirus Emergence;
48. DUNS Number: 077090066;
49. Lancet;
50. Statement in support of the scientists, public health professionals, and medical
professionals of China combatting COVID-19;
51. Teleconference;
52. Nature;
53. Nature Medicine;
54. Virological;
55. The proximal origin of SARS-CoV-2
Names
1. Dr. Francis Collins;
2. Dr. Anthony Fauci;
3. Dr. Lawrence Tabak;
4. Dr. Hugh Auchincloss;
5. Mr. Greg Folkers;
6. Dr. Cliff Lane;
7. Dr. Ping Chen;
8. Mr. Gray Handley;
9. Dr. Erik Stemmy;
10. Dr. Michael Lauer;
11. Dr. Emily Erbelding;
12. Dr. David Morens;
13. Dr. Jeremy Farrar;
14. Dr. Kristian Andersen;
15. Dr. Robert Garry;
16. Dr. W. Ian Lipkin;
17. Dr. Edward Holmes;
18. Dr. Michael Farzan;
19. Dr. Christian Drosten;
20. Dr. Ron Fouchier;
21. Dr. Marion Koopmans;
22. Dr. Ralph Baric;
23. Dr. Peter Daszak;
24. Dr. James LeDuc;
25. Dr. Charles Calisher;
26. Dr. Dennis Carroll;
The Honorable Xavier Becerra
November 2, 2023
Page 15
Entities
1. EcoHealth Alliance, Inc;
2. New York Blood Center;
3. Georgia State University;
4. Wuhan Institute of Virology;
5. Wuhan Center for Disease Control;
6. Wuhan University;
7. Chinese Academy of Sciences;
8. People’s Liberation Army; and
9. Academy of Military Medical Sciences;