Thoughts About M.E.--FACA Request: Did HHS Orchestrate CFSAC’s P2P Comments?

[Jeannette Burmeister]

… I filed a request with Barbara James, DFO of CFSAC, under the Federal Advisory Committee Act (FACA) regarding the January 13, 2015 CFSAC meeting and CFSAC’s P2P comments. My letter, which in addition to requesting immediate access to various documents relating to the meeting and comments, shows that FACA was clearly violated by HHS in connection with the last CFSAC meeting, is reproduced below.

Please see my blog post at the link below for my letter to Barbara James and some comments from me.

http://thoughtsaboutme.com/2015/01/18/faca-request-did-hhs-orchestrate-cfsacs-p2p-comments/

 

[Liz Willow]

A huge thanks for holding the Feds' feet to the fire regarding these clear legal violations, Jeannette!

 

[Jeannette Burmeister]

Thanks, Liz!

I have no received a reply yet, which boggles the mind given the clear pattern and seriousness of FACA violations with respect to CFSAC. Looks like they are asking for this to be escalated.

 

[Roy S]

Uncle Sam says FACA you?
Again?

 

[Ember]

A full transcript of the January 13 CFSAC meeting is available now. I've posted an extended excerpt.

 

[Wally]

@Jeannette Burmeister
Just wondering if you have also tried to request these documents by filing a FOIA request via the HHS FOIA Contact Officer? http://www.hhs.gov/foia/contacts/

 

[Jeannette Burmeister]

@Roy S Uncle Sam is trying, as always. They are certainly busy right now trying to figure out how to make this go away.

@Wally, I think it's best not to discuss legal strategy or arguments in public (or at all for that matter). Part of our ("our" as in advocates) being effective requires keeping the gov guessing as to how hard we will come down on them and how expensive it will be, financially and in terms of bad PR.

 

[Ember]

FACA Request: Did HHS Orchestrate CFSAC’s P2P Comments?
Posted on January 18, 2015

“Doesn’t it strike anybody as peculiar that the DFO (and CFSAC) was so confident that the Secretary would sign off on the comments on such short notice?”

Here's how Dr. Levine concluded the January 13 CFSAC meeting:

(Sue): Thank you, Donna. Listen, I want to thank all you guys for taking the time to participate in this special meeting, and for all the work you've done in the last few weeks. We're going to work on some of these changes and get them in there in the next 24 hours. The working group will submit the final document to OWH by noon tomorrow, and then we'll add any comments to the clearance document and submit it for the secretary's approval on Wednesday.

And the final document that's approve by the secretary will be posted on the (unintelligible) website and on the CFS list serv. The committee will be notified when the final document is posted, and a link will be provided to the committee and posted also to list serv. Donna, I don't know if you have any further final remarks. Thanks again to everybody, and I'm officially adjourning this meeting.

Given that the final document hasn't been posted, is there any reason to believe that it was approved by the Secretary for submission?

 

[Jeannette Burmeister]

@Ember:

Given that the final document hasn't been posted, is there any reason to believe that it was approved by the Secretary or submitted?

I had the same question. But don't forget, it was a holiday weekend and nothing happens in DC on holidays. Nothing work-related that is. But it is noteworthy that despite their clear FACA violation and the fact that the community is up in arms about it, the still do not provide any transparency whatsoever. None.

My guess is that the Secretary's approval is held up in he legal department. It would be quite embarrassing for her to approve and submit comments that were the result of a CFSAC meeting that didn't qualify as public b/c of the FACA violation.

As an aside, I liked the transcript's opinion of the CFSAC website: "unintelligible"

 

[Ember]

My guess is that the Secretary's approval is held up in he legal department.

The final CFSAC document includes a preface and closing remarks.