IMPEACH BUSH

The House Energy and Commerce Committee is backing off its threat to hold HHS Secretary Michael Leavitt in contempt of Congress after he agreed to work with it to provide subpoenaed information.

The committee in January had requested a briefing book and related notes used to help FDA Commissioner Andrew von Eschenbach prepare for a March 22, 2007, hearing on sanofi-aventis' Ketek (telithromycin). That hearing was held to determine if fraudulent data from a clinical trial were used by the agency to approve the drug.

After Leavitt refused to provide the material, the committee sent him a letter last month threatening him with contempt if he did not change his mind.

Leavitt responded by offering committee staff an opportunity to view certain documents at HHS facilities. However, the committee said it also would need to reproduce materials. It asked for a response to this concern by close of business last Friday.

Leavitt again responded, and HHS is now working with the committee on a mutually agreeable solution, a committee spokeswoman said. The details have not been set, but it appears the committee will not pursue contempt charges, she said.