Committee Correspondence

The House Committee on Energy and Commerce

Committee Expands Investigation Of NIH Management Issues

July 10, 2003

The Honorable Elias Zerhouni, M.D.
Director
National Institutes of Health
9000 Rockville Pike
Bethesda, MD 20892

Dear Dr. Zerhouni:

We are writing in furtherance of the Committee's investigations into continuing management concerns and alleged financial waste and abuse at the National Institutes of Health (NIH). On June 26, 2003, CBS Evening News aired a story about Dr. Edward McSweegan, a NIH microbiologist, who alleges that he has no true tasks or responsibilities in his current position reflective of the estimated $100,000 annual salary he receives. He claims that he was removed from his position as NIH's program officer for Lyme disease in June 1995 due to his criticism of a Lyme disease support group, and subsequently lost control over all the grants that he administered. The Washington Post also reported the story on July 4, 2003.

Dr. McSweegan claims that he is paid to perform tasks that one would ordinarily delegate to an intern, such as arranging coffee for lunches and forwarding messages. However, the NIH reportedly states that Dr. McSweegan is the Director of the U.S.-Indo Vaccine Action Program, and in this capacity traveled outside of the country representing the agency. This title is apparently news to Dr. McSweegan, who says that he was not aware it. The NIH states he produced reports and other work products in this position. According to Dr. McSweegan, he struggles to fill his eight-hour workdays by reading, exercising and writing fiction.

Based on these reports, and the Committee's continuing interest in concerns about whether NIH is wisely managing both its employees and its increased financial resources, we are initiating an examination of the allegations made by Dr. McSweegan and broader issues arising possibly from his allegations. Pursuant to Rules X and XI or the U.S. House of Representatives, please provide the following information by July 24, 2003:

1. All personnel records relating to Dr. McSweegan including but not limited to employment reviews, disciplinary proceedings, salary reviews and travel-related paperwork.

2. All records relating to Dr. McSweegan's removal from the position of Program Officer for Lyme disease.

3. All records relating to any and all positions held by Dr. McSweegan after leaving the position of program officer for Lyme disease, including but not limited to the mission statement, daily responsibilities, direct reports, salary, GS levels, evaluations and his immediate supervisor in each position.

4. All records relating to all of Dr. McSweegan's job-related travel in his current position as U.S.-Indo Vaccine Action Program, including but not limited to any documents regarding the justification for the travel, itineraries, who financed the travel, reports or memoranda generated as a result of the travel, and any follow-up done on the issues that were the justification for the travel.

5. A matrix of all NIH scientists or administrative officer employees who have been transferred from an NIH intramural program to an NIH extramural program, and NIH officials who have administered research grants and had all those grants transferred to other employees. The matrix should cover the period from January 1, 1998 to the present. Include in the matrix the employee's name, job titles, dates of participation, description of projects, qualifications for participation in each project and reason for the transfer.

We also request that you share this letter with all NIH employees to ensure that they are aware of this Committee's interest in these particular allegations and to provide them with contact information for our staff if any NIH employee wishes to make allegations similar to those of Dr. McSweegan.

Please note that, for the purpose of responding to these requests, the terms "records" and "relating" should be interpreted in accordance with the attachment to this letter. In addition, we are requesting that following production of the records to the Committee, you make available NIH employees for Committee staff interviews as requested by Committee staff.

Thank you for your assistance. If you have any questions, please contact Ann Washington of the Majority Committee staff at (202) 226-2424.

Sincerely,

W.J. "Billy" Tauzin
Chairman

James C. Greenwood
Chairman, Subcommittee on Oversight and Investigations

cc:

John D. Dingell, Ranking Member

Peter Deutsch, Ranking Member, Subcommittee on Oversight and Investigations

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