Representative Questions Voucher Program Legality

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Rep. Jake Auchincloss (D-MA) says the FDA Commissioner’s National Priority Voucher (CNPV) program may not be legal since it was created by the agency itself and not by Congress. The Associated Press reports that Auchincloss wrote to FDA asking that it affirm or refute his concerns about the program’s legality and the ways in which it is operating.

AP reports the agency had scheduled a 2/3 employee town hall on CNPV, which gives selected drug manufacturers vouchers for expedited review (advertised to be one-to-two months) for drugs that support “national interests” defined by FDA. It says CNPV has become a “flashpoint for controversy outside and inside the agency with several senior staffers declining to sign off on drug approvals going through the program.”

“The public must have transparency about the voucher program,” Auchincloss is quoted as saying, “under which drug approvals have been made almost wholly and in an unprecedented manner by FDA’s political leadership.” He said the agency has failed to publish or disclose financial disclosure forms for eight senior FDA officials who vote on which drugs should receive CNPV vouchers. He said the executives include deputy commissioner Sara Brenner, CBER director Vinay Prasad, and CDER director Tracy Beth Høeg.

In his letter, Auchincloss said FDA had not responded to his previous two letters seeking information on CNPV. AP notes that in 11/2025, Sen. Bernie Sanders (I-VT) and Rep. Frank Pallone (D-NJ) wrote to FDA posing 15 questions about the voucher program. The agency never replied, it says.

HHS did not respond to an AP request for comment on Auchincloss’ letter, the article says.

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