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HHS Reclaiming Authority to Investigate FDA Employees

November 14, 2007

HHS is reclaiming the authority to investigate potential ethical and criminal violations among FDA employees, according to a letter from House lawmakers.

HHS is revoking a Memorandum of Understanding (MOU) that gave the FDA’s Office of Internal Affairs the jurisdiction to investigate possible violations, including conflicts of interest, by FDA employees. HHS’ Office of Inspector General (OIG) will now handle the investigations, a letter from House Energy and Commerce Committee lawmakers said.

The committee, which has been investigating ethics violations at HHS and the FDA, approved the decision. Allowing FDA employees to investigate other agency employees was “improper and a violation of the intent of the inspector general statutory purpose,” the letter to HHS Inspector General Daniel Levinson said.

Committee Chairman John Dingell (D-Mich.), Ranking Member Joe Barton (R-Texas) and Reps. Bart Stupak (D-Mich.) and Ed Whitfield (R-Ky.) asked HHS for copies of all correspondence and documents related to the MOU’s termination. They also asked for documents on cases being transferred from the FDA to OIG, except for open investigations.

In addition, OIG is finishing a memorandum of 103 conflict-of-interest cases at the NIH. The lawmakers requested a copy of the memorandum and related documents.