Welcome to the Committee on Energy and Commerce.

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Innovation, Data, and Commerce Subcommittee legislative hearing on proposals to improve people’s lives, increase safety, and encourage business practices that promote transparency. “Welcome to all our witnesses who are advocating for people that we depend on every day, from those fixing our cars, to protecting us from fraud, to ensuring the products and services we use are what they claim to be.  “This hearing also serves as an appropriate follow-up to last week’s legislative hearing on supply chain management.”  PROTECTING AMERICANS   “We know that losing control of our supply chains can limit the availability of critical goods, harm production quality, and weaken the security and integrity of products and services being sold to American families and businesses.   “This subcommittee is leading to ensure people aren’t getting ripped-off, and even more importantly that families and communities are safe.    “My colleague, and the ranking member of this subcommittee, Jan Schakowsky, has been a tremendous leader for us on these product safety topics.  “Working with her when I was ranking was a pleasure, and I appreciate her continued efforts with Subcommittee Chairman Bilirakis on these issues.”  RESTORING FTC AND CPSC’S MISSION “We have an ambitious docket today. “Much of our work still lies ahead for us on these bills. “I hope we build bipartisan consensus and stakeholder support as we move them forward. “This committee has a rich history of coming together on behalf of those we serve.  “Many of these bills address issues that we’ve heard about directly from people in our communities to make products and services safer.   “Rep David Valadao’s proposal would combat romance scams by going after con artists who prey on lonely people, particularly adults over 60, who were scammed for $139 million dollars in 2020 alone.  “Rep Young Kim’s proposal will help travelers distinguish the good actors from the bad in the lodging industry by ensuring they know the full price of accommodations, including things like resort fees, up front.  “And a bill by Reps Ritchie Torres, Andrew Garbarino and Yvette Clarke would ensure that rechargeable batteries used to power products like e-scooters don’t explode because of their inferior quality.”  STOPPING FTC’S POLITICAL AGENDA   “This is the People’s House, and as representatives of the people, it is our responsibility to ensure their concerns are being addressed.    “That is why I remain concerned about agencies, like the FTC, losing site of its mission of consumer protection and fighting fraud scams.  “Surely, we can all agree, it should not be diverting resources to force a political agenda on job creators and family businesses.   “It should not be abusing its power to threaten small businesses with fines for actions they haven’t done.  “It should not be initiating rulemaking proceedings that go far beyond the scope authorized by Congress or weaponizing an extreme green agenda in order to ban affordable cars and home appliances that people rely on every day.   “All of these have sadly been on display by President Biden’s appointees over the course of this administration.  “Many of these actions can be attributed to a lack of accountability.   “I was pleased to see Republican nominees for the FTC and Consumer Product Safety Commission were finally considered by the Senate Commerce Committee last week.  “These nominees need to be moved to the Senate floor and confirmed expeditiously in order to start returning the agencies to their core missions.  “Until bipartisan input is restored, these agencies’ credibility and integrity will continue to be eroded.  “I hope to see a fully bipartisan and operational FTC and CPSC soon, in both people and practice, where input is welcomed by both sides, extremes are rejected, and the law is implemented as it was mandated by Congress.”  

Washington D.C. — House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Environment, Manufacturing, and Critical Materials Subcommittee legislative hearing on reauthorizing the Brownfields program to improve communities with more economic development, increase local tax bases, and create jobs all over the country. “Today, we are examining the EPA’s Brownfields program. This program was authorized under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. It is commonly referred to as either CERCLA or ‘Superfund.’ “A Brownfields site, as many of you know, is an abandoned or underutilized property with known or suspected contamination. “The risk of legal liability for existing contamination can discourage interested buyers from purchasing the property for redevelopment due to threats of litigation. “This can rob communities of vital economic development opportunities. “The Brownfields statute provides liability defenses for landowners and potential purchasers and authorizes grants to encourage environmental assessment cleanups. “This program can rejuvenate existing property and infrastructure, take development pressures off of undeveloped land, and it improves the environment. “All of this increases local tax bases and creates jobs for Americans across the country.” PROVEN SUCCESS “The Brownfields program has been successful in removing barriers to investment and economic development, while also addressing environmental contamination. “Since 2002, the EPA Brownfields program has cleaned up 2,260 properties, revitalized 10,400 properties for reuse, created more than 270,500 jobs, and resulted in nearly $40 billion in investment. “This has translated into numerous success stories. “There is Minute Maid Park in Houston, Texas – home of the Houston Astros. Since 2000, the ballpark holds more than 41,000 fans for its 81 home games each season.  “Minute Maid Park has hosted games in three of the last seven World Series, including in 2021, when the three World Series games generated more than $25 million for Houston.  “The park also frequently hosts concerts and other major events to bring the Houston community together.  “Then there is the Georgia Sea Turtle Center at Jekyll Island, Georgia.    “This 5,500 square foot facility includes an exhibit area, visitor space, and a veterinary clinic.  “Jekyll Island – where the turtle center is located – receives more than three million visitors per year.  “And looking closer to my home, there is the University District in Spokane, Washington.   “The University District has five major universities and two medical school programs.   “The Health, Education, and Research Complex at the University District boasts some 90,000 enrolled students at eight regional universities.  “The University District also inspires economic development, such as Life Sciences Spokane, which supports the billion-dollar Intermountain Northwest health sciences sector.  “The Brownfields program has played a role in all these stories, improving the lives of Americans and bringing prosperity around the country.” REAUTHORIZING BROWNFIELDS “By reauthorizing the Brownfields program, we can build on these successes. “Brownfields extension has historically been a bipartisan goal for this committee. “And as an authorizing committee, one of our most important responsibilities are these regular reauthorizations, which help ensure taxpayer dollars are being spent responsibly and that programs like Brownfields are working and helping our communities. “Today’s hearing is an opportunity to review and, if possible, enhance the Brownfields program. “It’s a continuation of the regular order process that began last Congress. “This discussion draft is the next step, and as always, we encourage engagement from all members and stakeholders.” RESPONSIBILITY IN BROWNFIELDS “As we work this through the Committee process, and especially when considering the funding figures for the program, it’s important that we don’t neglect to remember just how much in taxpayer dollars was spent last Congress. “It is vital that we appropriate responsibly and allow for proper oversight to ensure accountability of these resources. “There are risks to dramatically increasing funding, including decreasing competition as well as quality among grant applicants. “We also need to make sure non-suburban communities, or those with less than 100,000 people, are benefitting from the program.” “We should continue the tradition of bipartisan action on this subject. “The Brownfields program continues to be an effective cleanup program with a purpose—encouraging economic growth and improving communities in places that have lacked investment. “Let’s stay focused on this goal, which has brought prosperity, revitalization, and opportunity to communities across the country.” 

Washington, D.C. –  While Ford Motor Company announced on September 25 that it has paused its partnership with a Chinese battery maker, lawmakers continue to have serious concerns that Ford has refused to comply with three separate congressional inquiries into its secret licensing agreement with CATL, a Chinese Communist Party-aligned EV battery firm. As first reported by  Reuters , C hair Cathy McMorris Rodgers (R-WA)  of the House Energy and Commerce Committee,  Chairman Jason Smith (R-MO)  of the House Ways and Means Committee, and Chairman Mike Gallagher (R-WI)  of the House Select Committee on the Chinese Communist Party jointly wrote to Ford Motor Company CEO Jim Farley seeking Ford's immediate compliance with congressional investigations into its partnership with CATL. The lawmakers warned the Ford CEO that a persistent refusal to comply could result in the initiation of a compulsory process or notification to appear before Congress. In the letter,  the lawmakers jointly write , " Ford’s ongoing refusal to provide substantive responses addressing the serious issues discussed in the April, July, and September letters undermines Ford’s own commitment to 'act with transparency, integrity, and honesty' and raises serious concerns regarding its licensing agreement with CATL. "We write again today to seek a fully responsive production on the licensing agreement, Ford’s knowledge of CATL’s apparent attempt to shield its connection to Xinjiang-based companies, and Ford’s commitment to advance U.S. battery production. "If Ford does not comply fully with all of the Committees’ July 20, 2023, document requests and the September 1, 2023, Energy and Commerce document request by no later than October 6, 2023, we will consider other means to obtain the documents, including compulsory process or insisting that you appear before Congress to publicly explain your failure to comply." In  April ,  July , and  September  subsequently, the lawmakers each sought information from Ford regarding its licensing agreement with CCP-aligned battery maker CATL, including but not limited to: A copy of Ford's licensing agreement with CATL in both English and Chinese. Ford's knowledge of CATL's connections to CCP forced labor and human rights abuses. Ford's knowledge of CATL's attempts to shield its connections to Xinjiang-based companies that are banned from exporting product to the U.S. Ford's intention to import Chinese employees to take well-paying U.S. jobs. Ford's discussions with the Biden administration regarding its CATL partnership and EV tax credits. Chairs Rodgers, Smith, and Gallagher requested that Ford provide adequate responses to this most recent inquiry no later than October 6. The lawmakers concluded by jointly issuing Ford a document preservation notice regarding its deal with the Chinese owned and CCP-aligned company, CATL. Click  HERE  to view a copy of the letter or read below. READ:   Automaker’s Troubling Deal with Chinese Company Raises Questions About Democrats’ Electric Vehicle Tax Credits READ:  E&C Republicans Press Ford for Information on Planned EV Battery Plant with Ties to China :  E&C Republicans Press Ford for Information on Planned EV Battery Plant with Ties to China READ:  Smith, Gallagher Demand Answers on Ford’s Chinese Battery Partnership READ:  Chairman Smith Warns Treasury Must Act Immediately to Stop Tax Dollars from Flowing to China, Demands Automakers Provide Details on Foreign Partnerships

Washington, D.C. –  While Ford Motor Company announced on September 25 that it has paused its partnership with a Chinese battery maker, lawmakers continue to have serious concerns that Ford has refused to comply with three separate congressional inquiries into its secret licensing agreement with CATL, a Chinese Communist Party-aligned EV battery firm. As first reported by  Reuters , C hair Cathy McMorris Rodgers (R-WA)  of the House Energy and Commerce Committee,  Chairman Jason Smith (R-MO)  of the House Ways and Means Committee, and Chairman Mike Gallagher (R-WI)  of the House Select Committee on the Chinese Communist Party jointly wrote to Ford Motor Company CEO Jim Farley seeking Ford's immediate compliance with congressional investigations into its partnership with CATL. The lawmakers warned the Ford CEO that a persistent refusal to comply could result in the initiation of a compulsory process or notification to appear before Congress. In the letter,  the lawmakers jointly write , " Ford’s ongoing refusal to provide substantive responses addressing the serious issues discussed in the April, July, and September letters undermines Ford’s own commitment to 'act with transparency, integrity, and honesty' and raises serious concerns regarding its licensing agreement with CATL. "We write again today to seek a fully responsive production on the licensing agreement, Ford’s knowledge of CATL’s apparent attempt to shield its connection to Xinjiang-based companies, and Ford’s commitment to advance U.S. battery production. "If Ford does not comply fully with all of the Committees’ July 20, 2023, document requests and the September 1, 2023, Energy and Commerce document request by no later than October 6, 2023, we will consider other means to obtain the documents, including compulsory process or insisting that you appear before Congress to publicly explain your failure to comply." In  April ,  July , and  September  subsequently, the lawmakers each sought information from Ford regarding its licensing agreement with CCP-aligned battery maker CATL, including but not limited to: A copy of Ford's licensing agreement with CATL in both English and Chinese. Ford's knowledge of CATL's connections to CCP forced labor and human rights abuses. Ford's knowledge of CATL's attempts to shield its connections to Xinjiang-based companies that are banned from exporting product to the U.S. Ford's intention to import Chinese employees to take well-paying U.S. jobs. Ford's discussions with the Biden administration regarding its CATL partnership and EV tax credits. Chairs Rodgers, Smith, and Gallagher requested that Ford provide adequate responses to this most recent inquiry no later than October 6. The lawmakers concluded by jointly issuing Ford a document preservation notice regarding its deal with the Chinese owned and CCP-aligned company, CATL. Click  HERE  to view a copy of the letter or read below. READ:   Automaker’s Troubling Deal with Chinese Company Raises Questions About Democrats’ Electric Vehicle Tax Credits READ:  E&C Republicans Press Ford for Information on Planned EV Battery Plant with Ties to China :  E&C Republicans Press Ford for Information on Planned EV Battery Plant with Ties to China READ:  Smith, Gallagher Demand Answers on Ford’s Chinese Battery Partnership READ:  Chairman Smith Warns Treasury Must Act Immediately to Stop Tax Dollars from Flowing to China, Demands Automakers Provide Details on Foreign Partnerships

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, today wrote letters to the Centers for Disease Control and Prevention and U.S. Department of Agriculture. The letters come as part of the Committee’s ongoing investigation into federal laboratory biosafety practices, and the handling of dangerous pathogens in bioresearch.  KEY EXCERPT :  “Committee is investigating the safety and security of federal high-containment laboratories. We are writing to obtain further details about the performance and enforcement of the federal select agent program (FSAP), jointly managed by the CDC/Center for Preparedness and Response/Division of Select Agents and Toxins (DSAT), and the U.S. Department of Agriculture (USDA)/Animal Plant Health Inspection Service (APHIS)/Veterinary Services/Agriculture Select Agent Services.”  BACKGROUND :  At an April 27, 2023, oversight hearing titled “Biosafety and Risky Research: Examining if Science is Outpacing Policy and Safety,” Members and witnesses discussed the FSAP and how to strengthen the oversight of safety in life sciences labs.  According to the seven published FSAP Annual Reports from 2015 – 2021:  The FSAP conducted 1,316 inspections: 173 by the Agriculture Select Agent Services, 857 by the Division of Select Agents and Toxins, and 286 joint inspections by CDC’s DSAT and USDA’s APHIS  The FSAP conducted 46 compliance inspections  17 entities participated in the FSAP Corrective Action Plan program  The FSAP made 20 referrals to the HHS OIG and/or the Animal and Plant Health Inspection Service Investigative and Enforcement Services  The Chairs requested documents and answers to questions, including the following, by September 29, 2023:  Please provide copies of all referrals the FSAP has made to the Department of Health and Human Services (HHS) Office of Inspector General and/or APHIS Investigative and Enforcement Services since January 1, 2015. Please provide the outcomes of these referrals.  According to the 2020 Annual Report, FSAP received one report involving a complaint about transportation issues that were unrelated to the SAR. FSAP referred this complaint to the Food and Drug Administration and the Department of Transportation. Please provide a copy of this referral. Please provide the outcome of this referral.  Please provide copies of all FSAP compliance inspections conducted at laboratories at FDA, NIH, and CDC since January 1, 2015.  Since January 1, 2015, please list all entities levied civil money penalties as a result of FSAP enforcement actions, the nature of the violations, the kinds of pathogens involved, amount of the penalties, and the total amount of civil money penalties collected. Did any federal government entity have SAR violations that would have subjected a non-federal entity to civil money penalties? If so, which ones, and why were civil money penalties not levied?  For 2015-2021, the FSAP reported conducting 1,316 inspections. How many of those inspections were unannounced inspections?  Since December 22, 2022, has there been a release, loss, or theft of an agent or toxin listed as a federal select agent from or within a laboratory facility owned or operated by the HHS, or any other Federal laboratory facility?     If so, was there a notification to this committee or the Committee on Health, Education, Labor and Pensions of the Senate no later than 72 hours after such event was reported to the HHS Secretary, including (1) the Federal laboratory facility in which such release, loss, or theft occurred; (2) the circumstances of such release, loss, or theft? If not, why not?  Not later than 14 days after such notification to the committees, was an update provided to the committees on (1) any actions taken or planned by the HHS Secretary to mitigate any potential threat such release, loss, or theft may pose to public health and safety; and (2) any actions taken or planned by the HHS Secretary to review the circumstances of such release, loss, or theft, and prevent similar events. CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, today requested the Government Accountability Office (GAO) conduct a study on the National Institutes of Health’s (NIH) effectiveness in overseeing grant funding. BACKGROUND :  NIH is one of the top research and development funding agencies—particularly for biomedical research.    NIH’s program level funding for Fiscal Year 2023 as enacted is $47.678 billion.   In fiscal year 2020, the agency obligated nearly $43 billion for research in areas such as infectious disease prevention, cancer treatment, and mental health.   NIH obligated as much as 80 percent of these funds towards extramural research, performed by outside organizations including universities, medical centers, and other research institutions.   Organizations receiving extramural research awards from NIH may, in turn, award sub-grants for a portion of the work.   As highlighted in HHS OIG and GAO reports , the use of sub-grants may further complicate the management and oversight of NIH research funds.  KEY EXCERPTS :  “A January 2023 report by the Office of Inspector General within the Department of Health and Human Services (HHS OIG) detailed failures by NIH to monitor effectively its grants with EcoHealth Alliance, a nonprofit research organization. According to that report, the organization had overcharged the government for its services and improperly used federal grant funds. Further, a July 2023 report by the Government Accountability Office (GAO) raised similar concerns about NIH’s oversight of grant recipients and recommended that NIH make improvements to its oversight processes.”  […]  “In light of the recent problems in NIH’s oversight and the scale of NIH’s funding of extramural research awards, more transparency is needed about NIH’s policies and procedures as well as its effectiveness in overseeing financial management of its extramural research awards.” The Chairs requested answers to the following questions:  How much funding did NIH provide—using grants, cooperative agreements, or other award mechanisms—for extramural research since fiscal year 2014? For the same time frame, what resources did NIH and each of its institutes and centers have to conduct financial management oversight?  What are the trends in award funding including, for example, the research areas and types/characteristics of award recipients funded; the number, size, and duration of awards; the types of award mechanisms used?  What policies, procedures, and processes does NIH follow to administer and oversee its extramural research awards using grants, cooperative agreements, or other award mechanisms? How do policies, procedures, and processes differ among the NIH institutes and centers in administering and overseeing extramural research awards?   To what extent is NIH, consistent with its policies and procedures, ensuring effective financial management oversight of extramural research funding throughout the award life cycle?  What are the roles and responsibilities of those involved in such oversight including the award recipient?    How, if at all, does NIH’s oversight of extramural research funding differ for intramural research funding?  What internal assessments, if any, does NIH conduct to provide reasonable assurance that funds are being used as intended—including that proposed rates and costs are reasonable and funds are being used appropriately?  How much money has NIH recovered as a result of such internal assessments?    What changes, if any, has NIH implemented based on the findings and lessons learned from such assessments?  What data does NIH collect on the findings and results of its internal assessments? Are there data gaps, and can these gaps be addressed?   What are the lessons learned or best practices from institutes and centers that could be implemented across NIH? CLICK HERE to read the full letter.