House Republicans claim that more than a dozen high-ranking employees at the National Institutes of Health were improperly reappointed by the Biden administration, casting doubt on the legitimacy of the billions of dollars in federal awards that those officials distributed during the previous year.
Their allegations were made Friday in a letter to Health and Human Services Secretary Xavier Becerra that CBS News was able to obtain.
This comes after a lengthy investigation of openings at the agency by Rep. Cathy McMorris Rodgers, the Republican chair of the House Energy & Commerce Committee, according to CBS News.
The GOP-led committee's allegations that the Biden administration broke the law were refuted by the administration. The committee was misrepresenting the standards, according to an HHS person with knowledge of the situation who spoke on the record.
The 21st Century Cures Act passed in 2016, states that heads of NIH institutes and centers have five-year term restrictions before they must be reappointed. This is the reason for the committee's letter.
The Biden administration asserts that the NIH director legitimately reappointed 14 of these individuals after their terms expired at the end of 2021. It is required by law that they are "appointed by the Secretary, acting through the Director of the National Institutes of Health."
The committee claims that Becerra fell short of what the law required of him in the way those officials were reappointed.
Becerra signed affidavits that, according to the department, retroactively ratified and adopted the appointments after the committee's investigation got underway.
Although the Biden administration believes that its grants are still in good standing, the HHS source claimed that Becerra's affidavits were meant to strengthen defenses against claims that could overturn them in court.
The committee raised a legal issue with that action. The retirements of Dr. Anthony Fauci, formerly director of the National Institutes of Allergy and Infectious Diseases, and Dr. Roger Glass, formerly director of the Fogarty International Center, were among the concerns it raised. Both resigned months in advance of Becerra's June affidavit signing.
The HHS representative emphasized that the department had willingly provided materials and answers to the committee's questions as part of its good faith cooperation.
New Investigations Lead to Questions
Every year, thousands of scientists compete for NIH funding, which supports a range of initiatives from basic laboratory research to human clinical trials.
The committee claims that its investigation into the matter is ongoing and has led to a fresh round of inquiries to the department as well as the potential for demanding interviews from HHS and NIH representatives.
In a letter to Becerra, it expressed concern that "intentional misstatements or omissions" might result in "federal criminal violations under 18 USC 1001," and it also made a formal request to keep "all existing and future records."
