July 11, 2008

RECENT Developments Regarding ConflictS of Interest

There has been a flurry of recent activity regarding concerns about the National Institutes of Health’s (NIH) oversight of extramural compliance with federal conflict of interest regulations. Current federal law requires NIH to monitor financial conflicts of interest by requiring the institutions that receive grants to collect and manage information on the money that their researchers receive from drug and device makers and others in the industry. Congressional concern about NIH’s compliance with the monitoring requirements stems from recent reports revealing that the tracking is not happening in individual cases and from an Inspector General for the Department of Health and Human Services report in January that found that NIH does not adequately monitor its extramural grants for conflicts of interest.

On June 4, Senator Chuck Grassley (R-IA) sent an inquiry to NIH regarding extramural grant recipients’ compliance with federal financial conflict of interest rules, and on June 20, NIH Director Elias Zerhouni, M.D. replied by letter to Senator Grassley’s request. In his response, Dr. Zerhouni agreed that based on “recent examples, it is clear that we need to increase transparency and enhance the NIH’s system of oversight.” He further assured Senator Grassley that “NIH takes its responsibilities in this area very seriously and that [he] is committed to taking all necessary actions within [his] power to ensure that the research that the NIH supports continues to be conducted objectively and with integrity,” inasmuch as it is “essential that we preserve the public trust.”

Then, on June 24, the Senate Labor, Health and Human Services, Education, and Related Agencies (L-HHS) Appropriations Subcommittee included report language on conflicts of interest in its markup of the fiscal year 2009 (FY2009) L-HHS appropriations bill that provides funding for next year for NIH. The language provides that while on the one hand, “the Committee greatly appreciates the Director’s efforts to produce a stronger policy for its employees regarding conflicts of interest and financial disclosure,… troubling allegations that some NIH-funded investigators have flaunted their universities’ conflict-of-interest rules have recently come to light, and it seems clear that the NIH currently has no ability to monitor or prevent such abuses.” “Moreover,” the Committee added, “up to this point, the NIH leadership has not demonstrated much interest in dealing with the issue. That must change. The Committee believes that the Director has no higher priority in the coming year than to address this situation and fix it.”

The following day, on June 25, Senator Grassley issued a press release “asking members of Congress who hold leadership positions on the appropriations committee to join his effort to hold the National Institutes of Health accountable for monitoring conflicts of interest in government sponsored medical research.”

Finally, on June 26, during the Senate Appropriations Committee’s full markup of the FY2009 L-HHS appropriations bill, Senator Wayne Allard (R-CO) offered an amendment to the bill on behalf of Senator Grassley. The Committee passed the amendment, which included the following language:

Within six months of passage of this Act, the Secretary of the Department of Health and Human Services shall issue an Advanced Notice of Proposed Rulemaking to solicit public comment in advance of modifying regulations at 42 CFR Part 50 Subpart F for the purpose of strengthening federal oversight and identifying enhancements of policies, including requirements for financial disclosure to institutions, governing financial conflicts of interest among extramural investigators receiving grant support from the National Institutes of Health.

In the June 2008 edition of NIH’s Office of Extramural Research (OER) Extramural Nexus publication, Norka Ruiz Bravo, Ph.D., OER Director and NIH Deputy Director for Extramural Research, outlined the manner in which NIH plans to respond to the issue. In her Director’s Column on Managing Financial Conflicts of Interest (FCOI), Dr. Bravo provided that NIH is “instituting a variety of measures to address these issues quickly and carefully.” First, NIH is “embarking on an enhanced outreach and education campaign to raise the awareness of the importance of proper identification and management of FCOI in the extramural community… Second, to improve [NIH’s] ability to monitor FCOI reports, [NIH] has developed a Web-based reporting and tracking tool that provides a central place for collection of all FCOI reports received across the NIH… Third, [NIH is] developing detailed internal procedures and training modules to ensure that all NIH staff is able to provide appropriate oversight of FCOI issues, [and] finally, [NIH is] considering gathering public comment on whether to modify the FCOI regulations (42 CFR Part 50, Subpart F).”

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Voters Want to Know: Seven Questions for Congressional Candidates

Innovation 2008

Find your candidates,
ask where they stand.

Brought to you by Scientists & Engineers for America

The Federation of American Societies for Experimental Biology (FASEB) has joined Scientists and Engineers for America (SEA) and seventeen other science advocacy groups and scientific societies in calling on candidates for Congress to answer seven questions about science and technology.

The SEA Innovation 2008 homepage hosts the questions and addresses issues that include health, research, innovation, climate change, education, and water and energy policy. Participating organizations are encouraging candidates in congressional races across the country to post their answers on the Innovation 2008 website to help voters make informed decisions in November. Since the launch of the project last month, responses have already begun rolling in from challengers and incumbents, Democrat and Republican, in states including Texas, Maryland, New Jersey and Ohio.


FASEB, SEA and the seventeen other partners, including AAAS, ScienceDebate2008, and FASEB member society ASBMB, are issuing a call to scientists as well, asking them to contact their candidates and request that they respond to the questionnaire. The sponsoring organizations hope that constituents will put pressure on candidates to issue comprehensive statements on science and technology policy as part of their campaign activities.

The need for candidates for public office to declare their positions on science issues is particularly striking in light of a national poll commissioned by SEA that found that voters highly value the use of science and technology to address national concerns including global warming, energy, education and health care. A large majority of voters (84%) said that they would be more likely to vote for a candidate who is committed to improving healthcare through public investments in science and technology, and 71% responded that they would be more likely to vote for a candidate who is specifically committed to national investments in scientific research. The finding that a majority of voters support candidates who are committed to S&T remains true across party lines. These findings support earlier studies by Research!America and the National Science Foundation that found a high degree of public support for an investment in science.

FASEB joins SEA and the scientific community in asking that the public act on its support for science and research by urging candidates to answer the seven questions.

To view candidates’ answers or to send them an email, simply enter your zip code on the map above. For more information, please visit ScienceCures.org.

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INSIDE (The Beltway) SCOOP – Gretchen Opper

“In all my years in Congress, I’ve never had anybody come up to me and say, ‘Obey, why don’t you guys get your act together and cut cancer research?’"

  -House Appropriations Committee
Chairman David Obey (D-WI)

With the supplemental squarely behind us, we can turn our full attention to the fiscal year 2009 (FY2009) appropriations process and the continuing resolutions we expect Congress to pass in September. In terms of appropriations progress in the House, the full House Appropriations Committee has marked up the appropriations bills that contain funding for the National Science Foundation (NSF), the Department of Energy (DOE) and the Department of Veterans Affairs, so that those bills are now ready for floor action. Likewise, in the Senate, the full Appropriations Committee has completed its work on the bills that include funding for the National Institutes of Health, NSF and DOE in preparation for sending those bills to the floor as well.

The current expectation is that Congress will pass a continuing resolution to fund the federal government until a new president and Congress take over next year and that it’s likely to pass such a resolution in September, prior to adjourning on September 26 for the October recess. Members are not planning to return to the Hill this year for any further work after leaving to concentrate on the November election at the end of September. Given that Congress will leave town at the beginning of August for a month-long recess, the window of opportunity for either body to consider appropriations bills on the floor this year has narrowed to the remainder of July and the month of September. Further, House Rules Chairwoman Louse Slaughter (D-NY) projected recently that if any appropriations legislation makes it to the floor of the House, it will not be prior to the last week of July.

Both Senate Majority Leader Harry Reid (D-NV) and House Speaker Nancy Pelosi (D-CA) have said that they don’t expect either house of Congress to pass all twelve appropriations bills before Congress approves a continuing resolution. Specifically, Reid has announced that the Senate is only likely to consider two FY2009 appropriations measures on the floor this year: the Defense and the Military Construction, Veterans Affairs, and related agencies bills. The reticence to vote on all twelve bills in both bodies of Congress stems in part from the President’s prior promise to veto any appropriations bill that exceeds his recommendations in his FY2009 budget proposal.

In the House, further compounding the problem with passing the twelve appropriations bills this year is the meltdown during the Appropriations Committee’s full markup of the Labor, Health and Human Services, Education and Related Agencies (L-HHS) bill just prior to the Independence Day break. At the markup, Appropriations Ranking Member Jerry Lewis (R-CA) tried to offer the Interior appropriations bill as an amendment to the L-HHS bill in an effort to try to force a vote on repealing a restriction on offshore oil drilling. In response, Appropriations Chairman David Obey (D-WI) abruptly adjourned the meeting, saying the appropriations process was done for this year. Although Ranking Member Lewis said this week that he will refrain from offering the Interior bill as an amendment to any other appropriations legislation once Obey schedules a full committee markup date for the measure, Chairman Obey reiterated this week that there will be no more markups from his panel. The stand-off has left the FY2009 L-HHS appropriations bill in limbo in the House, with the L-HHS Appropriations Subcommittee’s having marked it up but without any future date for full Committee consideration.

Meanwhile, in the Senate, Appropriations Chairman Robert Byrd (D-WV) has said that he and Appropriations Committee Ranking Member Thad Cochran (R-MS) intend to complete Committee consideration of the FY2009 bills by the end of July, having approved six of the twelve so far. Further, notwithstanding the reticence on the part of other congressional leaders to proceed, Chairman Byrd is urging Senate leaders to schedule votes for the twelve annual spending bills on the floor. Regarding the Senate, in Byrd’s words, “we are a separate branch, and we hold the power over the purse. This senator will continue to urge that we complete our work.”

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OHRP Considers Additional Training for Personnel Involved in Human Subjects Research

The Office for Human Research Protections (OHRP) has issued a Request for Information and Comments on the Implementation of Human Subjects Protection Training and Education Programs. OHRP is seeking comments on: a) whether to issue additional guidance recommending that institutions engaging in human subjects research (HSR) that the Department of Health and Human Services supports implement training and education programs for individuals involved in this type of research; and b) whether to develop a regulation requiring the implementation of such training and education programs.

The RFI stems from concern that there is “serious, systemic noncompliance with the requirements of DHHS regulations for the protection of human subjects at a significant number of major institutions” and that “inadequate training and education has been a major root cause of such non-compliance.”

Current regulations require institutions engaging in HSR to submit written assurance that they are in compliance with OHRP guidance. According to that guidance:

 • Institutional officials, human protections administrators, and institutional review board (IRB) chairpersons designated under the assurance are strongly encouraged to complete OHRP's web-based Assurance Training Modules;
• Institutions and IRBs should establish educational training and oversight mechanisms appropriate to the nature of the institution's research portfolio to ensure that personnel involved with HSR comply with relevant ethical principles, federal, state, and local laws, and institutional policies for the protection of human subjects; and
• IRB members and staff should complete relevant educational training before reviewing human subjects research, and investigators should complete institutional educational training before conducting HSR

In addition, NIH policy requires education on the protection of human research participants for all personnel who are involved in the design and conduct of human research studies as a condition of funding grant applications or contract proposals that include this type of research.

The RFI lists nine separate issues on which OHRP is soliciting input, including whether institutions have implemented OHRP’s existing recommendations, whether there is a need for additional training in human subjects protection, what the content of that training should be, and who would need to attend training programs should they become mandatory. OHRP is also seeking input on the anticipatory cost of issuing additional regulations.

FASEB will examine the issue this summer and consider sending feedback on the RFI to OHRP. Comments are due to OHRP by September 29, 2008.


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FASEB’s Washington Update is brought to you bi-monthly by the FASEB Office of Public Affairs. We welcome your questions and comments – please contact Carrie Wolinetz at cwolinetz@faseb.org or 301-634-7650. For more information about how to get involved in research advocacy, visit: http://capwiz.com/faseb/home/

 

   
   
 

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