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House Energy and Commerce Committee leaders are considering holding Health and Human Services Department Secretary Mike Leavitt in contempt for refusing to hand over Food and Drug Administration briefing documents despite a subpoena issued by the Oversight and Investigations Subcommittee two weeks ago. HHS and FDA wrote Monday to Energy and Commerce Chairman John Dingell, D-Mich., denying access to FDA Commissioner Andrew von Eschenbach's briefing book from a hearing in March 2007.

The committee has tried to pry the briefing book from FDA since shortly after the hearing, in which von Eschenbach was accused of misleading lawmakers on more than a dozen points concerning the agency's approval of a controversial antibiotic called Ketek. HHS Assistant Secretary for Legislation Vincent Ventimiglia and FDA Chief of Staff Susan Winckler said that the agency answered all the questions the committee staff had about von Eschenbach's preparation for the hearing and that they wanted to seek alternative solutions to providing the briefing book.

"Such a disclosure would make it very difficult for advisers to provide full and frank advice to agency officials regarding testimony in the future, knowing that any candid advice or discussion could later be the subject of congressional oversight," they wrote.

Dingell said he has requested and received briefing information from past Republican administrations and that Energy and Commerce ranking member Joe Barton, R-Texas, has gotten the same information from Democratic administrations. Dingell and Oversight and Investigations Subcommittee Chairman Bart Stupak, D-Mich., said they wondered what FDA was hiding.

"What is in those briefing books that [Leavitt] does not want either my Republican colleagues or our side to see?" Dingell asked. "Is there evidence of perjury? Are there statements embarrassing to the administration?" While Stupak has requested holding Leavitt in contempt, he said Tuesday he will talk about options with Dingell, Barton, and Oversight and Investigations Subcommittee ranking member John Shimkus, R-Ill. Dingell told Stupak Tuesday he supports holding Leavitt in contempt.

COMMENTS

• A simple work around would be to call all the commissioner’s advisors to the floor and ask them if they have any information that is contradictory to the testimony given to the committee. Don’t ask them details of what was discussed, just if they have any contradictory information. Case closed. The committee’s time would be better spent securing more funding for FDA to hire more inspectors. Common Sense Posted February 14, 2008 9:37 AM