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Crawford Departure Probe Needed To Validate Vetting Process, Senators Say

This article was originally published in The Pink Sheet Daily

Executive Summary

Senate Health Committee leaders and House appropriators call for IG review of circumstances surrounding FDA commissioner’s resignation.

Lawmakers with jurisdiction over FDA have called for an HHS investigation into former Commissioner Lester Crawford's resignation.

Senate Health Committee Chairman Michael Enzi (R-Wyo.) and Ranking Member Edward Kennedy (D-Mass.) requested a "thorough review of the reasons surrounding Dr. Crawford's resignation" in a Sept. 29 letter to HHS Inspector General Daniel Levinson.

Specifically, the IG is asked to probe Crawford's financial reporting "in accordance with the various ethics laws to determine whether he was forthcoming" in statements made to various offices during his confirmation process.

Crawford was nominated in February for the permanent post after serving as acting head of the agency since Mark McClellan's departure to CMS. He was confirmed July 18 and resigned Sept. 23.

"To the extent there was a breakdown in the disclosure process, it is of crucial importance that the committee be apprised of the details as soon as is practicable," Enzi and Kennedy said.

"With regard to an appointment of the magnitude of Commissioner of the Food & Drug Administration, it is unquestionably of significance that confirmation be based on a full and accurate disclosure."

Crawford denied having any known financial conflicts in a Sept. 28 interview with Forbes.com. He cited fatigue related to the work schedule and the controversy over the application to switch the emergency contraceptive Plan B over-the-counter among reasons behind his departure.

Even if Crawford's resignation appears to be unrelated to financial disclosure, the Health Committee investigation will continue, according to Enzi's office. The committee's primary concern in the matter is the integrity of the data it collects during the vetting process for presidential nominees, a staffer said.

In a separate letter to the IG, five House Democrats led by Rep. Maurice Hinchey (D-N.Y.) called for a similar probe, also focusing on possible undisclosed financial conflicts. Hinchey and several cosigners are members of the Appropriations subcommittee with oversight of FDA spending.

The calls for an investigation may in part reflect puzzlement and frustration from senators who ushered Crawford through a contentious five-month confirmation followed by a two-month term of office.

"Once again, FDA is without a commissioner who has been nominated by the President and confirmed by the Senate," Enzi and Kennedy conclude. "This is a matter of great concern to us."

- Christopher Walker

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