Chairs signal intent to subpoena documents if CDC does not comply with request

Washington, D.C — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, today wrote to Centers for Disease Control and Prevention (CDC) Director Mandy Cohen. The letter, which comes after Director Cohen’s testimony before the Oversight Subcommittee, follows up on a previous request made in June for information on the CDC’s lab safety practices.

The Chairs note their intent to subpoena the documents should CDC not comply with the request.

Dr. Mandy K. Cohen, MD, MPH  

Director  

Centers for Disease Control and Prevention  

1600 Clifton Road  

Atlanta, GA 30329  

Dr. Cohen,  

Pursuant to Rules X and XI of the U.S. House of Representatives, the Committee is investigating the adequacy of the Centers for Disease Control and Prevention’s (CDC’s) efforts to address laboratory science and safety at CDC’s laboratories. The CDC has failed so far to respond adequately to our June 30, 2023, oversight request letter. HHS, not CDC, sent a November 9, 2023, letter that provided information responsive to only one out of 11 oversight request items.

In our June 30, 2023, letter, we requested information and documents from the CDC related to laboratory science and safety at CDC. So far, the CDC has not produced any of the requested documents. Therefore, we are reiterating these document requests in this letter to expedite our inquiry. Please provide the following by January 5, 2024:

1. Copies of all internal CDC center reports since January 1, 2019, on reviews of laboratory safety at CDC center research facilities.  
2. Copies of all reports from the CDC centers since January 1, 2019, sent to the Office of Laboratory Science and Safety (OLSS).  
3. Copies of any laboratory safety incident reports since January 1, 2019, related to laboratory-acquired infections or exposure to biological, chemical, radiological or all hazardous agents, or reports related to an animal bite. 
4. Copy of a document listing all CDC buildings that contain a laboratory or animal testing facility, and their locations.  
5. Copies of all the Federal Select Agent Program (FSAP) inspection reports since January 1, 2019, related to any CDC laboratory.  
6. All documents related to the decision at the CDC as part of the Moving Forward initiative in 2022 to elevate the OLSS to report directly to the CDC director.  
7. A copy of a document listing all CDC researchers who maintain an inventory of pathogens that include federal select agents, including the name of the researcher, laboratory and office, identities of the pathogens, and the number of vials of each pathogen.  
8. Copies of all CDC select-agent theft, loss, or release reports since January 1, 2019.  
9. All documents related to instances of discovery of select agents in unregistered locations at the CDC since January 1, 2019.  
10. A copy of a document listing all select agent laboratories designated either biosafety level 3 or 4 located at each CDC campus.  
11. A copy of a document listing all individuals at CDC approved for select agent work at each CDC campus.

In order to carry out our Constitutional oversight responsibilities, the Committee is prepared to issue a subpoena if the CDC does not produce the requested documents by January 5, 2024, since the Committee has a right to obtain these materials to aid in its legislative activities and to ensure that the Executive Branch is complying with the law.