[House Report 117-537]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {     Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {     117-537

======================================================================
 
   RESOLUTION OF INQUIRY DIRECTING THE PRESIDENT TO PROVIDE CERTAIN 
DOCUMENTS IN THE PRESIDENT'S POSSESSION TO THE HOUSE OF REPRESENTATIVES 
RELATING TO THE OVERSIGHT OF THE WUHAN INSTITUTE OF VIROLOGY LABORATORY 
          BY THE DIRECTOR OF THE NATIONAL INSTITUTES OF HEALTH

                                _______
                                

 September 30, 2022.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                             ADVERSE REPORT

                             together with

                             MINORITY VIEWS

                      [To accompany H. Res. 1267]

    The Committee on Energy and Commerce, to whom was referred 
the resolution (H. Res. 1267) of inquiry directing the 
President to provide certain documents in the President's 
possession to the House of Representatives relating to the 
oversight of the Wuhan Institute of Virology laboratory by the 
Director of the National Institutes of Health, having 
considered the same, report unfavorably thereon without 
amendment and recommend that the resolution not be agreed to.

                                CONTENTS

                                                                   Page
   I. Purpose and Summary.............................................2
  II. Background and Need for the Legislation.........................2
 III. Committee Hearings..............................................3
  IV. Committee Consideration.........................................3
   V. Committee Votes.................................................3
  VI. Oversight Findings..............................................5
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditure5
VIII. Federal Mandates Statement......................................5
  IX. Statement of General Performance Goals and Objectives...........5
   X. Duplication of Federal Programs.................................5
  XI. Committee Cost Estimate.........................................5
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....5
XIII. Advisory Committee Statement....................................6
 XIV. Applicability to Legislative Branch.............................6
  XV. Section-by-Section Analysis of the Legislation..................6
 XVI. Changes in Existing Law Made by the Bill, as Reported...........6
XVII. Minority Views..................................................7

                         I. PURPOSE AND SUMMARY

    H. Res. 1267 directs the President to furnish to the House 
of Representatives copies of documents or communications in the 
possession of the Director of the National Institutes of Health 
(NIH) that refer or relate to oversight of the Wuhan Institute 
of Virology (WIV) laboratory by the Director, including any 
such document or communication specifying: (1) the names of the 
staff involved in reviewing the research conducted at the WIV 
laboratory; (2) the details on the scope of such review and the 
process for how such review was conducted; (3) the review of 
the biosafety training, practices, and procedures of the WIV 
laboratory; and (4) information related to the standard 
operating procedures of the WIV laboratory for working with 
novel coronaviruses.

                II. BACKGROUND AND NEED FOR LEGISLATION

    Through this resolution of inquiry, the minority seeks to 
obtain an undefined scope of documents and communications, 
should they exist, in the President's or NIH's possession 
relating to research activities conducted by the foreign-
operated Chinese WIV laboratory.
    Other than the reference to seeking information pertaining 
to WIV laboratory activities related to novel coronaviruses, 
the resolution does not specify a connection between these 
materials and COVID-19, nor does the resolution indicate why or 
how United States government would have an oversight role in 
the biosecurity of a foreign nation's laboratory.
    As of October 2021, there was a near-consensus agreement 
among United States intelligence agencies that the pandemic was 
likely the result of an organic zoonotic transmission event\1\ 
and a shared consensus among the scientific community--
bolstered by recently published peer-reviewed findings--that 
the epicenter of the original zoonotic transmission event was 
likely the Huanan Seafood Wholesale Market in Wuhan, China.\2\ 
Furthermore, experts in evolutionary biology and virology agree 
that the pathogens being studied under NIH-supported grants at 
the WIV laboratory were too genetically and evolutionarily 
distant from the COVID-19 virus to have been the cause of the 
pandemic.\3\
---------------------------------------------------------------------------
    \1\Office of the Director of National Intelligence, Updated 
Assessment on COVID-19 Origins (Oct. 2021) (https://www.dni.gov/
index.php/newsroom/reports-publications/reports-publications-2021/item/
2263-declassified-assessment-on-covid-19-origins).
    \2\Science, The Huanan Seafood Wholesale Market in Wuhan was the 
early epicenter of the COVID-19 pandemic (July 2022) (https://
www.science.org/doi/10.1126/science.abp8715).
    \3\National Institutes of Health, SARS-CoV-2 and NIAID-supported 
Bat Coronavirus Research An Analysis: Evolutionary Distance of SARS-
CoV-2 and Bat Coronaviruses Studied Under the NIH-supported Research 
Grant to EcoHealth Alliance (Oct. 2021) (https://www.niaid.nih.gov/
diseases-conditions/coronavirus-bat-research).
---------------------------------------------------------------------------
    Throughout the 117th Congress, Department of Health and 
Human Services (HHS) officials, including the Secretary, have 
appeared as witnesses for COVID-19-related Committee hearings 
and member briefings providing the minority an opportunity to 
raise questions pertaining to the resolution. In addition, HHS 
has responded to several of the minority's letters, produced 
hundreds of pages of documents, hosted at least five Committee 
staff briefings, and provided at least two in camera reviews 
for Committee staff related to the NIH-funded research and 
oversight of related award activity in connection with WIV 
laboratory.\4\
---------------------------------------------------------------------------
    \4\See, e.g., Letter from Lawrence A. Tabak, Principal Deputy 
Director, National Institutes of Health to Rep. Cathy McMorris Rodgers, 
Ranking Member, House Committee on Energy and Commerce (May 21, 2021); 
Briefing by Larry Lohmann, Congressional Affairs Analyst, National 
Institutes of Health, to House Committee on Energy and Commerce 
Committee Staff (June 28, 2021); Briefing by Robert Anderson, Chief of 
Mortality Statistics, Centers for Disease Control and Prevention, et 
al., to House Committee on Energy and Commerce Committee Staff (July 
23, 2021); National Institutes of Health Document Production to Rep. 
Cathy McMorris Rodgers, Ranking Member, House Committee on Energy and 
Commerce (RodNIH-00000001-RodNIH-00000528) (Sept. 7, 2021); Briefing by 
David Christian Hassell, Senior Science Advisor and Deputy Assistant 
Secretary, Administration for Strategic Preparedness and Response, to 
House Committee on Energy and Commerce Committee Staff (Sept. 17, 
2021); Briefing by Lawrence A. Tabak, Principal Deputy Director, 
National Institutes of Health to House Committee on Energy and Commerce 
Staff (Sept. 29, 2021); Health and Human Services in camera review of 
documents for House Committee on Energy and Commerce Staff (Oct. 5, 
2021); Letter from Lawrence A. Tabak, Principal Deputy Director, 
National Institutes of Health to Rep. Cathy McMorris Rodgers, Ranking 
Member, House Committee on Energy and Commerce (Oct. 20, 2021); 
Briefing by Lawrence A. Tabak, Principal Deputy Director, National 
Institutes of Health to House Committee on Energy and Commerce Staff 
(Oct. 21, 2021); Health and Human Services in camera virtual reading of 
documents for House Committee on Energy and Commerce Staff (Jan. 14, 
2022).
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    For these reasons, the Committee ordered H. Res. 1267 
reported to the House adversely.

                        III. COMMITTEE HEARINGS

    The Committee on Energy and Commerce has not held hearings 
on the resolution of inquiry.

                      IV. COMMITTEE CONSIDERATION

    H. Res. 1267 was introduced on July 26, 2022, by 
Representative Hudson (R-NC) and was referred to the Committee 
on Energy and Commerce. Subsequently, on July 27, 2022, the 
resolution was referred to the Subcommittee on Health. The 
resolution was discharged from the Subcommittee on Health on 
September 21, 2022.
    On September 21, 2022, the Committee met in open markup 
session and ordered H. Res. 1267, without amendment, adversely 
reported to the House by a recorded vote of 32 yeas and 23 
nays.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there was one record vote taken on H. 
Res. 1267, including a motion by Mr. Pallone ordering H. Res. 
1267 adversely reported to the House, without amendment. The 
motion on unfavorably reporting the resolution was approved by 
a record vote of 32 yeas to 23 nays. The following are the 
record votes taken during Committee consideration, including 
the names of those members voting for and against:

	[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

         VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND
                            TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to direct 
the President to provide certain documents in the President's 
possession to the House of Representatives relating to the 
oversight of the WIV laboratory by the Director of the NIH.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of H. 
Res. 1267 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

            XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED
                            TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H. Res. 1267 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

    H. Res. 1267 directs the President to furnish to the House 
of Representatives copies of documents or communications in the 
possession of the Director of NIH that refers or relates to 
oversight of the WIV laboratory by the Director, including any 
such document or communication specifying (1) the names of the 
staff involved in reviewing the research conducted at the WIV 
laboratory; (2) the details on the scope of such review and the 
process for how such review was conducted; (3) the review of 
the biosafety training, practices, and procedures of the WIV 
laboratory; and (4) information related to the standard 
operating procedures of the WIV laboratory for working with 
novel coronaviruses.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by the bill H. 
Res. 1267.

                          XVII. MINORITY VIEWS

    Through this resolution of inquiry, H. Res. 1267, the 
minority seeks certain documents, in the President's or NIH's 
possession relating to the oversight of the NIH sub-grantee 
Wuhan Institute of Virology (WIV) laboratory by the Director of 
the NIH. The resolution specifies four areas of requested 
information: names of the staff involved in reviewing the 
research at the WIV who determined that the research conducted 
was not gain-of-function research; the details on the scope of 
this review and the process for how such review was conducted; 
the review of the biosafety training, practices, and procedures 
at the WIV laboratory; and information relating to the standard 
operating procedures of the WIV laboratory for working with 
novel coronaviruses.
    The WIV was a sub-grantee of an NIH grantee, EcoHealth 
Alliance, that received nearly $600,000 in federal funds over 
five years. The WIV's laboratory activities have been subject 
of oversight interest by the NIH Office of Extramural Research 
and by the Intelligence Community (IC), including the WIV's 
possible connection to the origins of the COVID-19 pandemic. 
Public interest in the accountability for federal funds, U.S. 
public health protection, and U.S. national security underscore 
the need for oversight and the importance of the requested 
information being sought.
    Determining the origins of the COVID-19 pandemic may help 
scientists with new strategies to curb the spread and guard 
against the next pandemic. This issue was of sufficient 
importance that President Biden directed the Intelligence 
Community (IC) in May 2021 to conduct a review into this 
question. Since July 8, 2020, the NIH has suspended a grant of 
EcoHealth Alliance over concerns about the adequacy of 
monitoring of the sub-grantee WIV, including issues over 
biosafety practices. These federal actions reinforce the 
justification for the information sought by this resolution.
    There is an ongoing national interest in the activities of 
the WIV laboratory because the origins of the COVID-19 pandemic 
remain a mystery and a laboratory accident is a plausible 
scenario for causing the pandemic. The IC review ordered by 
President Biden was not conclusive on the origins of the COVID-
19 pandemic. The updated assessment from the ODNI National 
Intelligence Council stated: ``After examining all available 
intelligence reporting and other information, though, the IC 
remains divided on the most likely origin of COVID-19. All 
agencies assess that two hypotheses are plausible: natural 
exposure to an infected animal and a laboratory-associated 
incident.''\1\ Specifically, four agencies and the National 
Intelligence Council leaned toward the natural origin theory 
(with low confidence), one agency leaned toward the lab leak 
theory (with moderate confidence), and analysts at three other 
IC elements were unable to coalesce around either theory 
without further information.
---------------------------------------------------------------------------
    \1\Office of the Director of National Intelligence, Updated 
Assessment on COVID-19 Origins (Oct. 2021) (www.dni.gov/index.php/
newsroom/reports-publications/reports-publications-2021/item/2263-
declassified-assessment-on-covid-19-origins).
---------------------------------------------------------------------------
    Some scientists have noted that recently published peer-
reviewed findings suggest that the epicenter of the original 
zoonotic transmission event was likely the Huanan Seafood 
Wholesale Market in Wuhan, China.\2\ However, key details 
remain unanswered. It is unknown where in the market the leap 
from animals to humans took place, or which animals were 
involved. Nor are the precise steps in the process known. There 
is no evidence drawing a line between the viruses in bats and 
the Huanan Seafood Market. No intermediate animal host has 
tested positive for COVID-19.
---------------------------------------------------------------------------
    \2\Science, The Huanan Seafood Wholesale Market in Wuhan was the 
early epicenter of the COVID-19 pandemic (July 2022) (https://
www.science.org/doi/10.1126/science.abp8715).
---------------------------------------------------------------------------
    Experts in evolutionary biology and virology agree that the 
pathogens reportedly being studied under NIH-supported grants 
at the WIV laboratory around 2017 or early 2018 were too 
genetically and evolutionarily distant from the COVID-19 virus 
to have been the cause of the pandemic based on the information 
provided by the WIV in grant documents provided by EcoHealth 
Alliance to NIH.\3\ However, on August 19, 2022, the NIH 
terminated the EcoHealth Alliance sub-grant to the WIV because 
the WIV refused to provide the substantiation of the 
experiments in laboratory notebooks and electronic files 
requested by the NIH and required under NIH grant policy and 
federal regulation. Thus, the information on the viruses being 
studied in this research is not substantiated. In addition, 
information on the virus research conducted in 2019 at the WIV 
lab remains unknown.
---------------------------------------------------------------------------
    \3\National Institutes of Health, SARS-CoV-2 and NIAID-supported 
Bat Coronavirus Research An Analysis: Evolutionary Distance of SARS-
CoV-2 and Bat Coronaviruses Studied Under the NIH-supported Research 
Grant to EcoHealth Alliance (Oct. 2021) (https://www.niaid.nih.gov/
diseases-conditions/coronavirus-bat-research).
---------------------------------------------------------------------------
    Throughout the 117th Congress, Department of Health and 
Human Services (HHS) officials, including the Secretary, have 
appeared as witnesses for COVID-19-related Committee hearings 
and member briefings providing the minority an opportunity to 
raise questions pertaining to the resolution. The minority in 
fact used these hearings to urge the then NIH Director and the 
HHS Secretary for cooperation with requests related to COVID-19 
origins, and both witnesses indicated a willingness to work 
with the minority on the requests related to COVID-19 origins.
    Notwithstanding the public willingness of the witnesses, 
HHS and NIH has responded to only two of the minority's nine 
letters related to COVID-19 origins and the WIV, produced only 
documents already made available to requesters under the 
Freedom of Information Act, hosted three Committee staff 
briefings limited to one-hour each on COVID-19 origins, and 
provided one in camera review for Committee staff related to 
the NIH-funded research and oversight of related award activity 
in connection with WIV laboratory.\4\ Because HHS and NIH still 
have not provided all information requested related to the WIV 
laboratory, this resolution is needed to obtain information 
pertinent to the Committee's responsibility to oversee and 
legislate on matters relating to pandemic preparedness. We owe 
that to the more than one million Americans who have lost their 
lives to COVID-19 and to their families.

    \4\See, e.g., Letter from Lawrence A. Tabak, Principal Deputy 
Director, National Institutes of Health to Rep. Cathy McMorris Rodgers, 
Ranking Member, House Committee on Energy and Commerce (May 21, 2021); 
Briefing by Lawrence A. Tabak, Principal Deputy Director, National 
Institutes of Health, to House Committee on Energy and Commerce 
Committee Staff (June 28, 2021); National Institutes of Health Document 
Production to Rep. Cathy McMorris Rodgers, Ranking Member, House 
Committee on Energy and Commerce (RodNIH-00000001-RodNIH-00000528) 
(Sept. 7, 2021); Briefing by Lawrence A. Tabak, Principal Deputy 
Director, National Institutes of Health to House Committee on Energy 
and Commerce Staff (Sept. 29, 2021); Health and Human Services in 
camera review of documents for House Committee on Energy and Commerce 
Staff (Oct. 5, 2021); Letter from Lawrence A. Tabak, Principal Deputy 
Director, National Institutes of Health to Rep. Cathy McMorris Rodgers, 
Ranking Member, House Committee on Energy and Commerce (Oct. 20, 2021); 
Briefing by Lawrence A. Tabak, Principal Deputy Director, National 
Institutes of Health to House Committee on Energy and Commerce Staff 
(Oct. 21, 2021).
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                                    Cathy McMorris Rodgers,
         Republican Leader, House Committee on Energy and Commerce.

                                  [all]