[indiscernible chatter] ms. Eshoo the subcommittee on health will now come to order. Good morning, colleagues. The chair now recognizes herself for five minutes for an Opening Statement. Mr. Burgess will you yield for a parliamentary inquiry . Ms. Eshoo i want to do my Opening Statement. Pardon me. I already recognized myself but ill recognize you afterward. I never thought id be holding or that we would be holding a hearing under these sad circumstances, but i think its a necessary one. Our country is in pain. Americans are afraid. Theyre sick. Theyre hungry and jobless. And over 80,000 souls have been lost. And the government that was supposed to protect them has failed. There are heroes and they have risen, extraordinary, ordinary americans showing courage, compassion, and a sense of selfsacrifice and duty beyond what could have or should have been asked of them. Regular americans have risen when their leaders have not. We are the greatest country on earth, and, yet, we have the most cases and the most deaths from covid19 of any nation in the world. Why . First, its the inept, ineffective and extremely late effort to respond to what was clear to many scientists and Public Health experts in january. That basic delay cost precious lives and is continuing to cost lives. We cant have a system where the price paid is unconscionable. Mothers losing daughters. Daughters losing fathers. Because of incompetence, denial, delay, and a disorganized response. Frankly, im tired of those who bear the responsibility accepting none of it while deflecting blame on others, the Previous Administration, the World Health Organization, the wuhan lab, anywhere but where the blame belongs. Second, the United States has and remains dangerously dependent on Foreign Countries for our supply of critical lifesaving drugs and lifesaving equipment masks, gloves, p. P. E. And ventilators. As a result, we cant treat our own people without relying on china and others to supply us. We cant outfit our First Responders, our hospital workers, our nurses, our doctors. We cant care for our own nation in crisis. This surely is a National Security issue. I want to thank the gentlewoman from indiana, mrs. Brooks, for her bipartisan work with me to address the drug supply chain issue as well as other members on a bipartisan basis for their legislation on those issues as well. Today, were going to hear about the disastrous federal response to an approaching pandemic. Dr. Bright has filed one of the most specific and troubling whistleblower complaints ive ever seen. He was the right person with the right judgment at the right time. He was not only ignored, he was fired for being right. We cant have a system where the government fires those who get it right and reward those who get it completely wrong. Mr. Michael bowen, the executive Vice President of prestige ameritech will speak about the crippling dependence on Foreign Countries for critical supplies, a National Security issue. Our country is paying a terrible price today. And it rests on congress to address this threat where any effort of an adversary can cut off our supply of lifesaving drugs and supplies. Our lifeline. And this would create a Health Care Disaster on a scale never experienced before. I bear this responsibility as does every member of congress. This subcommittee has jurisdiction over our countrys most prestigious Health Care Institutions f. D. A. , n. I. H. , c. D. C. , and b. A. R. D. A. We have to listen. We have to learn. And we must Work Together for the people of our country who need us so, so much. Regardless of inconvenient truths. Finally, i regret the secretary azar, dr. Robert kadlic, and dr. Peter navarro have all refused to testify today. I now ask for a moment of silence in honor of the over 80,000 americans who have lost their lives from covid19. The chair now recognizes mr. Burgess before im recognized for an Opening Statement, i wonder if i can be recognized for a parliamentary inquiry. Ms. Eshoo the gentleman is recognized for his parliamentary inquiry. Mr. Burgess id like clarification before us today, is this witness testifying as a government witness or as an individual . Ms. Eshoo dr. Bright is testifying as a federal employee. Correct . And representing he is a federal employee representing himself. I now recognize the Ranking Member of the subcommittee. Madam chair, just to question. Normally we have name plates identifying whos at the table and just i know dr. Bright, of course, but im not sure whos next to him. Ms. Eshoo youre correct. I dont know why we dont have name plates. I didnt notice that when i came in the hearing room. Can the staff provide them . Is there any way the staff can provide them . I think we can. Mr. Walden thank you. Ms. Eshoo i also would like to inform the members that dr. Brights attorney, deborah katz, is at the table. Shes requested a microphone. She is not here as a witness. So we will not be asking her questions. She is simply here to represent her client. I now would like to recognize the Ranking Member of the subcommittee, dr. Burgess, for his five minutes for an Opening Statement. Mr. Burgess i thank the chair and the energy and commerce, particularly the subcommittee on health is the premiere Health Subcommittee in the congress. We have a broad jurisdiction. A long standing tradition of tackling Important Health care issues in a bipartisan manner. I personally, like our witness today, have been very, very concerned. In fact, sounding the alarm about this Novel Coronavirus since january. So i ask, why is this the First Official hearing that were having on this topic . To say this is a disappointment would be an understatement. Not only disappointment but im concerned that it took five months to have a hearing on this Novel Coronavirus instead of tackling any of the issues suggested in the letters that that i sent to you this week, were examining a whistleblower complaint that is only oneweekold before a proper investigation. In these letters, i outlined the importance of addressing the Strategic National stockpile, covid19s impact on Mental Health, testing. Certainly we should have a hearing on testing. Racial disparities and provide relief. The lack of attention to these details are detrimental to our nations overall response to this pandemic and it is the responsibility of this house and this responsibility of this committee. We continue to stand on the sidelines. Instead of becoming fully engaged. Every whistleblower deserves to be heard. Dr. Bright has raised serious allegations, and they deserve investigation. Whistleblowers must have their rights protected and deserve to have their allegations investigated with policies and procedures that have been long established and upheld as independent and fair. Madam chair, on april 23, cnn reported that you planned to call dr. Bright to testify. Dr. Bright did not actually file his whistleblower complaint with the office of special counsel until tuesday, may 5. That same day it was announced on social media that you planned to hold a hearing, but it was not officially noticed until two days later. By friday, may 8, the office of special counsel recommended that dr. Bright be temporarily reinstated as director of b. A. R. D. A. So they could thoroughly conduct its investigation and move forward with the usual processes of reviewing whistleblower complaints. Despite the hearing memo, no final determination of the violation of the whistleblower statute has actually been made. Following a robust investigation process, the customary setting for a whistleblower hearing would be in our energy and Commerce Committee under the under oath in the Office Oversight and investigation subcommittee. To say this hearing is premature, and it is a disservice to the investigation of dr. Brights complaint i think goes without saying. You trampled on minority rights. You would have never tolerated that when you were in the minority. You neglected the tradition of this committee and in the manner this hearing was called. The number of procedural fouls committed in advance of this hearing would certainly have led the chair to a foul in multiple basketball games. Apparently in a World Without sports, this subcommittee has become political sport. More than 80,000 american lives have been lost to this pandemic. It continues to wreak havoc on our communities, not only in terms of physical health but Mental Health and certainly financial health. We should be conducting a hearing on the realtime implementation of the pandemic allhazard preparedness and advancing act and we should have done it in february. As a democratic counterpart to the primary officer, dr. Susan brooks, you, madam chair, should have a great interest in holding such a hearing. In my district, weve seen deaths amongst young africanamericans from covid19. Were hearing about a new phenomenon of very young individuals who are dying from an intense inflammatory response apparently sparked by infection with this virus. We should hear from some of these families and the medical professionals to analyze why this virus has disproportionately affected some communities, particularly minority communities. So i say before, not all heroes wear capes. Hospitals, doctors, other Health Care Providers are on the frontlines every day battling this virus. They go to work so we can stay home, which weve done very successfully. The inability to conduct nonessential procedures and visits has led to financial harm to our hospitals and doctors, how our states and country preparing to ease back into providing medical care is the distribution of the Provider Relief Fund in the c. A. R. E. S. Act working . These are the questions we should be asking experts today. I appreciate chairman pallone holding telephone briefings since we have our own questions. I will say, this pandemic is about the Public Health of our nation. I thank you for your commitment to hold future hearings on the Strategic National stockpile, Mental Health and racial disparities. Im happy to help you set the agenda for the rest of the year. I hope you will commit to additional hearings on testing and the Provider Relief Fund. And i request that my letters and your responses be part of the record. I yield back. Ms. Eshoo the gentleman yields. The gentleman yields back. I think the gentleman will recall that i called for a hearing on january 30, and on the heels of that, it was to be with dr. Cadlick, dr. Fauci, all the heads of our health agencies, and it was secretary azar that said they cannot come. Im the top person. And when i come, they will come with me. So that was january 30. Mr. Burgess madam chair, oversight and Government Reform Committee for two days. Ms. Eshoo im not finished yet. Im not finished yet, dr. Burgess. Youve written several letters to me in the last week, and i communicated to you, im happy to sit down with you to review and to come up with all the appropriate hearings that this subcommittee should hold. And we will Work Together on that. We have a lot of work to do. Youre absolutely right. The stockpile, testing, the list is as long as pennsylvania avenue. So we will Work Together on that, rest assured. Now, id like to recognize the chairman of the full committee, mr. Pallone, for his five minutes for an Opening Statement. Mr. Pallone thank you, madam chair. Thank you, ms. Eshoo, for initiating this hearing and putting all your energy into it so that were here today with dr. Bright. We are here as part of the energy and Commerce Committees ongoing work to confront the largest Public Health and economic crisis of our lifetimes. More than 80,000 americans have lost their lives. 36 million lost their jobs as of today. This is a National Emergency that requires every aspect of government together to reduce the spread of this terrible virus so we can confidently reopen our economy. While this congress and this president worked together to enact four combat the pandemic and provide economic assistance to the American People, new laws are simply not enough. President trump and his administration have failed to provide the consistent and stable leadership that is necessary to guide our nation through this Public Health and economic crisis. For months, the president has delivered mixed messages and misinformation to the American People, creating confusion across the nation. Instead of showing leadership, competence and vision in a time of crisis, the administration has absent indicated its responsibility and forced states to fend for themselves and find their own way out of this pandemic. While states and Frontline Health care workers were pleading for personal protective equipment, testing supplies and other resources to protect them and their patients, President Trumps response was to let states fight it out on the open market. For months, the president has refused to develop and implement a National Testing program. For months weve been promised millions of tests were right around the corner. Hollow. Ises have been testing is Getting Better but nowhere where it needs to be. The president proclaimed about testing earlier this week, and i quote, we have met the moment and we have prevailed. That could not be further from the truth, mr. President. Dr. Rick bright, the former director of b. A. R. D. A. , has come forward as a whistleblower and made serious allegations including a lack of urgency by Administration Officials to respond to the virus. Mismanagement and failure to procure necessary supplies and disregard for Public Health and scientific integrity. His claims lie at the heart of this committees concerns regarding the administrations response to the covid19 pandemic. Were here today to hear the perspective of dr. Bright who is positioned to discuss the administrations preparations and response to this pandemic. Now, the failures weve seen simply cannot persist. Thats why the energy and Commerce Committee continues to conduct robust oversight and to propose bold legislative solutions. Weve been demanding answers from the administration on testing, Contact Tracing, the supply chain, food safety, and the safety of Food Production workers and attempts undermine science and Public Health. To date we have yet to receive any sufficient responses from this Trump Administration. As for legislation, congress has already passed four major Coronavirus Response packages that were improved by the work of this committee. And now with the sense of urgency, earlier this week we proposed the heroes act, which will be voted on tomorrow by the house. They heroes act the heroes act continues our ongoing commitment by providing the Health Care Resources and support needed to combat the coronavirus crisis. Our legislation will strengthen testing and Contact Tracing by finally requiring the administration to develop comprehensive plans with clear benchmarks and timelines and public reporting of key metrics. This will allow transparency so we can see if the Trump Administration is fulfilling its promises and hold them accountable if theyre not. We also provide 75 billion to support robust testing, Contact Tracing, surveillance, and containment activities. This is beyond the 25 that was in the last bill. And we simply cannot beat this virus without these efforts in place. Our legislation also ensures that all covid19 treatments, drug, and vaccines are free of cost for patients. The bill will help shore up our Public Health infrastructure for the long road ahead. Our top priority is the health and safety of the American People. The heroes act builds on the progress we have made and lays the foundation we will need to ease social distancing and safely reopen the economy. So i just want to thank dr. Bright for coming forward and for being here today. I want to thank you, madam chair, for bringing him here. Im hopeful this hearing will help us better understand the failures of the Trump Administration so that collectively we can find solu