Congressional Investigations into Research Activities and Update on DOJ’s Restrictions on Sharing Bulk Sensitive Personal Data with China and Other Countries of Concern

April 10, 2025 @ 1:00 pm 3:30 pm

The Research, Development, and Regulatory Roundtable (R3) is a forum to discuss pre-competitive issues in drug and device development, regulatory oversight of clinical trials, and human subjects research. Meetings convene policymakers, legal counsel, academicians, industry representatives, and global regulators. The R3 is a cooperative endeavor coordinated by the MRCT Center and Ropes & Gray LLP.

This hybrid meeting is open to sponsors of the Research, Development, and Regulatory Roundtable.

Abstract: Congressional Investigations into Research Activities

In recent years, congressional investigations of biopharma companies, research institutions, and universities have frequently involved issues related to clinical research. We anticipate this trend to continue or even accelerate under the new Congress. During this session, we will begin with an overview of congressional investigations, including: (1) Congress’s authority to investigate; (2) the types of information requests that Congress sends private parties; and (3) the mechanics of congressional hearings. We will then provide key takeaways from recent congressional investigations involving clinical research and predict areas of focus in the coming years, taking into account recent actions of the Trump Administration. We will end with a discussion of the various risks of such investigations and provide best practices to mitigate such risk and effectively respond to investigations. Amish Shah, counsel at Ropes & Gray and former Senior Associate White House Counsel and congressional investigator, will lead the session.

Update on DOJ’s Restrictions on Sharing Bulk Sensitive Personal Data with China and Other Countries of Concern

On January 8, 2025, the U.S. Department of Justice published in the Federal Register a Final Rule entitled “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons.” Most provisions of the Final Rule will take effect on April 8, 2025, unless delayed by the administration of President Trump. The Final Rule imposes sweeping restrictions on providing access to health data, biometric data, human ‘omic data and biospecimens from which such data may be derived, as well as other categories of sensitive personal data, to the People’s Republic of China, certain other “countries of concern,” and “covered persons” that have ties to those countries. Notably, the Final Rule does not exempt de-identified, pseudonymized or anonymized data except in limited circumstances. During this session we will provide an overview of the Final Rule’s likely effect on research activities, including a discussion of the Rule’s research exemptions.

CLE credits will be available.

For more information, please email at MRCT@BWH.HARVARD.EDU

Deliverables

Framework: Post-trial, Continued Access Responsibilities to Investigational Medicines

Framework

Date: November 13, 2024

The Post-trial, Continued Access Responsibilities to Investigational Medicines Framework: Scenarios that Require Further Consideration comprise 5 milestones, specific scenarios, and considerations that organizations can utilize to make equitable and fair decisions related to continued access to an investigational medicine. A framework for investigational significant risk devices is also available. The frameworks are designed to be used in coordination with the Principles of Post-Trial Responsibilities, a set of 12 grounding principles that identify the shared responsibilities of post-trial, continued access.

Principles of Post-Trial Responsibility: Continued Access to an Investigational Product

Principles

Date: November 13, 2024

The Principles of Post-Trial Responsibilities: Continued Access to an Investigational Product are 12 principles that guide the shared responsibilities and actions to provide continued access to an investigational product at the conclusion of a patient’s participation in a clinical trial. The principles, accompanied by an analysis, should be read as a whole.

The principles are designed to be used in coordination with the Framework of Responsibilities (Medicines) and (Devices), a framework of milestones, specific scenarios, and considerations that organizations can utilize to make equitable and fair decisions related to continued access to an investigational product. 

Health Literacy Month Webinar Series

Webinars

Presented on: October 10, 17, and 22, 2024

To celebrate Health Literacy Month, the MRCT Center presented three engaging and informative webinars to provide practical tools and discussions to incorporate health literacy and accessibility best practices into communicating participant-facing clinical research information. 

Designing PowerPoint Presentations to Support Health Literacy and Accessibility

Webinar

Presented on: October 22, 2024

Description: Spearheaded by the MRCT Center, AAHRPP, PRIM&R, and Mass General Brigham, the Research Ethics Action Collaborative for HRPPs (REACH) is an initiative designed to curate, align, and disseminate tools to advance representative inclusion in research—for all potential participants–tailored for Institutional Review Boards (IRBs), Human Research Protection Programs (HRPPs), and the broader community.

Join the REACH collaborative webinar on improving PowerPoint presentations through clear, accessible, and inclusive methods. We will show, through examples from the Accessibility by Design in Clinical Research Toolkit, how to apply accessibility tools to health literate communications. Because much communication is now virtual, we’ll explore how to make PowerPoint content readable and approachable, formatted for accessibility, and inclusive of people with disabilities.

Related Resources

Accessibility by Design (AbD) Toolkit

Creating and Sharing Plain Language Summaries: One Team’s Experience

Webinar

Presented on: October 17, 2024

Description: This webinar features experts from the Dana Farber Cancer Institute who will share their experience in developing a patient advocacy-driven return of results process for making Plain Language Summaries available to participants in breast cancer-related studies. 

The moderator, MRCT Center Program Director Sylvia Baedorf Kassis, is joined by panelists from the Dana-Farber Cancer Institute: Paula Steeves, Lead Patient Advocate, Breast Oncology, Christine McLaughlin, Patient Research Advocate, and Timothy Erick, Science Writer.

Key Topics:

  • The core elements of creating and disseminating Plain Language Summaries.
  • What results to return, who to involve in the creation process, and how to approach dissemination. 
  • How to start returning results with your study participants. Share your experiences and get answers to your questions in a moderated discussion and Q&A session.

Related Resources

Webinar Q&A

Speaker Biographies

https://www.dana-farber.org/cancer-care/treatment/breast-oncology/clinical-trials-research/plain-language-summaries

Creating educational materials about clinical research data for patients and the public

Publication

Published on: September 2024

Published in: Medical Writing

The article discusses the importance of creating educational materials to improve public understanding of clinical research data, particularly in light of misinformation during the COVID-19 pandemic. It emphasizes the need for transparency and clarity in addressing issues like data privacy and the ethical sharing of information. Modern tools such as videos and infographics can make clinical research more accessible and build trust with patients and the public. 

Designing Impactful Informed Consent Processes that Empower Participants

Webinar

Presented on: October 10, 2024

Description: This informative webinar leverages experience from the Office of Human Research Protections, the All of Us Research Program, and the MRCT Center to highlight resources and approaches for communicating informed consent information in innovative, participant-centered ways that support empowered decision-making.   

The moderator, Sylvia Baedorf Kassis, joins the panelists, Marianna Azar of the Office for Human Research Protections and Katherine Blizinsky from the All of Us Research Program. 

Key Topics:

Related Resources

Webinar Q&A

Speaker Biographies

https://mrctcenter.org/project/aggregate-results/

https://mrctcenter.org/health-literacy/

https://mrctcenter.org/health-literacy/instructional-resources/overview/irb/

https://mrctcenter.org/resources/covid-19-clinical-research-flyer/

https://mrctcenter.org/glossary/

https://www.hhs.gov/ohrp/education-and-outreach/human-research-protection-training/participant-centered-informed-consent-training/index.html

https://www.hhs.gov/ohrp/education-and-outreach/online-education/videos/index.html

https://www.hhs.gov/ohrp/education-and-outreach/luminaries-lecture-series/index.html

https://www.hhs.gov/ohrp/regulations-and-policy/guidance/informed-consent/index.html

https://www.hhs.gov/ohrp/regulations-and-policy/guidance/faq/informed-consent/index.html

https://www.allof-us.org/Roadmap   

www.allofus.nih.gov/about/who-we-are/all-us-participant-partners

www.allofus.nih.gov/about/protocol/all-us-consent-process

Session 2: Creating and Sharing Plain Language Summaries: One Team’s Experience  

Session 3: Designing PowerPoint Presentations to Support Health Literacy and Accessibility 

https://mrctcenter.org/mrct-center-annual-symposium/

Accessibility 101 Training Series

Training

Published on: October 20, 2024

The MRCT Center has developed six modules in the Accessibility 101 Training series to complement the Accessibility by Design (AbD) in Clinical Research Toolkit.

These training modules are in PowerPoint format. They can be taken on-demand by individuals or utilized by organizations (with permission from and credit to the MRCT Center) to conduct group training sessions on Accessibility 101 topics.

The full Accessibility 101 series comprises:

Module 1: Learning about Disability Inclusion

Module 1 provides introductory information about disability data, ableism (and non-discrimination), disability rights, the AbD Toolkit, emerging topics in accessibility in clinical trials, and a scientific and business case for collaborating with people with disabilities on universal design.

https://mrctcenter.org/resource/conducting-a-three-country-clinical-trial-during-the-covid-19-pandemic-experience-and-future-considerations-2

Module 2: Mapping the Participant Journey

Module 2 provides a brief background on the participant journey, from accessing transportation to a site to getting into a site to navigating medical offices and equipment within the site. The module then brings users through an exercise where they are asked to see a series of pictures that illustrate different parts of the participant journey in different settings (e.g., fixed sites, mobile sites, virtual apps). For each picture, the module user must consider the challenges for that scenario from the perspective of people with hearing, visual, mobility, cognitive and intellectual, or other disabilities.

Module 3: Creating Alt-Text

“Creating Alt Text” is the third module in the Accessibility 101 Training series that the MRCT Center has developed to complement the Accessibility by Design (AbD) in Clinical Research Toolkit. In this ever-virtual world, we all create materials like PowerPoints and social media posts that include images, and therefore need to know how make those images more accessible for people with low vision or blindness. Module 3 provides a background on Alt Text, instructions on how to create Alt Text so that images can be “read” by screen readers, and an exercise to test the user’s facility with Alt Text. 

Module 4: Assessing color contrast

“Assessing Color Contrast” is the fourth module in the Accessibility 101 Training series that the MRCT Center has developed to complement the Accessibility by Design (AbD) in Clinical Research Toolkit. We all need to know how to make images more accessible for people with visual disabilities. One part of that universal design is using Alt Text, described in Module 3. Another is making sure that images and text boxes have sufficient color contrast between the text color and the fill (or background) color. Module 4 provides a background on color contrast, instructions on how to assess color contrast, and an exercise to test the user’s facility with assessing color contrast and adjusting colors.

Module 5: Using Plain Language

“Using Plain Language” is the fifth module in the Accessibility 101 Training series that the MRCT Center has developed to complement the Accessibility by Design (AbD) in Clinical Research Toolkit. Module 5 provides a background on plain language, instructions on how to adapt complex language into plain language (including how to test the grade level for the language), and an exercise to test the user’s skills with plain language.

Module 6: Developing Accessible PowerPoints

“Developing Accessible PowerPoints” is the sixth module in the Accessibility 101 Training series that the MRCT Center has developed to complement the Accessibility by Design (AbD) in Clinical Research Toolkit. Module 6 provides a background on PowerPoints and usage in the expanding world of webinars, instructions on how to develop accessible PowerPoints and an exercise to test the user’s skills with plain language. The “how-to” section of the training starts with defining the intended purpose and audience for the PowerPoint; describes design for mental processing, readability, and sensory processing; reviews elements described in other modules (e.g., Alt Text, color contrast, plain language/inclusive language); and concludes by highlighting considerations to support accessibility while the PowerPoint is presented (e.g., closed captioning).