Welcome to the Committee on Energy and Commerce.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) today announced a Full Committee Markup of 16 bills.  “The Energy and Commerce Committee is continuing its work to deliver solutions and make life better for the American people. At this week’s markup, we will consider more than a dozen bills, including legislation to repeal harmful regulations that are jeopardizing America’s economic and energy security, extend telehealth services for seniors, and continue to incentivize important innovation for pediatric rare diseases,” said Chair Rodgers. “We will also consider legislation to provide the most significant protections and safeguards to date for children online. The Kids Online Safety Act and the Children and Teens' Online Privacy Protection Act are historic pieces of legislation that finally answer the call of parents across the country who are desperately looking for Congress to act to shield our children from the threats they are facing online. I look forward to taking the next steps in getting these critical pieces of legislation signed into law and ushering in a new era on the internet.”  WHAT: A Full Committee Markup of 16 bills.  DATE: Wednesday, September 18, 2024  TIME: 10:00 AM ET LOCATION: 2123 Rayburn House Office Building Legislation to be considered:   H.R. 670 , Think Differently Database Act (Reps. Molinaro and Sherrill)  H.R. 8107 , Ensuring Access to Medicaid Buy-in Programs Act of 2024 (Reps. Ciscomani and Gluesenkamp Perez)  H.R. 8108 , To amend title XIX of the Social Security Act to add a Medicaid State plan requirement with respect to the determination of residency of certain individuals serving in the Armed Forces (Reps. Kiggans and Kaptur)  H.R. 3433 , Give Kids a Chance Act of 2024 (Reps. McCaul and Eshoo)  H.R. 7188 , Shandra Eisenga Human Cell and Tissue Product Safety Act (Reps. Moolenaar and Dingell)  H.R. 7623 , Telehealth Modernization Act of 2024 (Reps. Carter, Blunt Rochester, Steube, Sewell, Miller-Meeks, Dingell, Van Drew, and Morelle)  H.R. 3227 , Ensuring Seniors’ Access to Quality Care Act (Reps. Estes and Connolly)  H.R. 9067 , Building America’s Health Care Workforce Act (Rep. Guthrie) H.R. 7155 , United States-Abraham Accords Cooperation and Security Act of 2024 (Reps. Harshbarger, Vargas, Weber, Peters, Harris, Levin, and Allen)  H.J. Res. 139 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to "Medicare and Medicaid Programs: Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting” (Reps. Fischbach and Pence)  H.R. 7890 , Children and Teens’ Online Privacy Protection Act (Reps. Walberg, Bucshon, Carter, Dunn, Eshoo, Castor, Moulton, and Auchincloss)  H.R. 7891 , Kids Online Safety Act (Reps. Bilirakis, Bucshon, Castor, Houchin, and Schrier)  H.R. 8449 , AM Radio for Every Vehicle Act (Reps. Bilirakis and Pallone)  H.J.Res. 163 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule” (Rep. Balderson)  H.J.Res. 133 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3" (Rep. Fulcher)  H.J.Res. 117 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Reconsideration of the National Ambient Air Quality Standards for Particulate Matter" (Rep. Allen) This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov . If you have any questions concerning the hearing, please contact Alex Khlopin at Alex.Khlopin@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov and Kate Roberts at Kate.Arey@mail.house.gov .

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL) today announced a hearing titled “Federal Trade Commission Practices: A Discussion on Past Versus Present.” “The Federal Trade Commission has a long, bipartisan history of protecting consumers, without unduly burdening legitimate business activity. Unfortunately, in recent years, we have seen the Commission take a different approach when it comes to its historical norms. Such a shift raises questions on its preparation for rulemakings, its retention of staff, and the long-term impact on its effectiveness in sustaining court challenges” said Chairs Rodgers and Bilirakis. “We look forward to a conversation with experts on how the FTC’s departure from its traditional standards is affecting Americans in their daily lives, consumer safety, and American businesses across the country.” Subcommittee on Innovation, Data, and Commerce hearing titled “Federal Trade Commission Practices: A Discussion on Past Versus Present.” WHAT: Subcommittee on Innovation, Data, and Commerce hearing to discuss the change in norms and practices of the Federal Trade Commission. DATE: Thursday, September 19, 2024 TIME: 10:30 AM ET LOCATION: 2322 Rayburn House Office Building This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Alex Khlopin at Alex.Khlopin@mail.house.gov . If you have any press-related questions, please contact Kate Roberts at kate.arey@mail.house.gov .

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) today announced a hearing titled “Holding the Biden-Harris EPA Accountable for Radical Rush-to-Green Spending.”  “The Biden-Harris Environmental Protection Agency (EPA) is the most extreme EPA to date. Since President Biden took office, the EPA has been given $109 billion in additional funding and grown its workforce to over 15,000 employees. The Biden-Harris EPA’s spending and regulatory policies—created by the so-called ‘Inflation Reduction Act’ and ‘Infrastructure Investment and Jobs Act’—continue to put America on a dangerous path that threatens our economic and national security, while enriching our adversaries, like China,” said Chairs Rodgers and Carter. “The EPA must return to its core statutory functions—which do not include undermining the economic prosperity of the United States or driving costs up across the board for Americans.”  Subcommittee on Environment, Manufacturing, and Critical Materials titled “Holding the Biden-Harris EPA Accountable for Radical Rush-to-Green Spending.”   WHAT: A subcommittee hearing to hold the Biden-Harris EPA accountable for its radical rush-to-green spending and regulatory policies.  DATE: Thursday, September 19, 2024  TIME: 10:00 AM ET LOCATION: 2123 Rayburn House Office Building  This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov . If you have any questions concerning the hearing, please contact Kaitlyn Peterson at Kaitlyn.Peterson@mail.house.gov . If you have any press-related questions, please contact Kate Roberts at Kate.Arey@mail.house.gov .

Washington, D.C. — In a new letter to the Environmental Protection Agency (EPA), Energy and Commerce Committee Republicans are pressing for answers regarding Greenhouse Gas Reduction Fund (GGRF) awards. The letter to Administrator Regan, signed by Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), and Subcommittee on Environment, Manufacturing, and Critical Materials Chair Earl L. "Buddy" Carter (R-GA), requests an unredacted copy of all GGRF award agreements that have been finalized.  It follows up on an Oversight Subcommittee hearing from earlier this year, where Mr. Zealan Hoover, Senior Advisor to the Administrator, assured Committee Members that the award agreements that EPA entered into with recipients to receive GGRF program awards would address the concerns raised.   LETTER TEXT BELOW:   Dear Administrator Regan,  We write to you as part of the Energy and Commerce Committee’s (the Committee) continued oversight of the Environmental Protection Agency’s (EPA) Greenhouse Gas Reduction Fund (GGRF). As you know, Committee Members have many questions regarding this first-of-its-kind, $27 billion program, including those discussed at a January 30, 2024, Subcommittee on Oversight and Investigations hearing on the GGRF, with Mr. Zealan Hoover, Senior Advisor to the Administrator, testifying on behalf of the EPA. In numerous instances, Mr. Hoover assured Members that the award agreements that EPA would enter into with recipients that the EPA selected to receive GGRF program awards would address the concerns they raised.   For example, in response to a question from Committee Chair Rodgers about what conflicts of interest policies would govern funding recipients responsible for further distributing this money, Mr. Hoover responded that “they will be subject to all of the terms and conditions of their financial assistance agreement.” After Representative Guthrie pressed for more information on whether organizations with foreign ties could receive GGRF funding, Mr. Hoover stated that “one of the terms and conditions in each of the award agreements is going to be a prohibition against entering into any form of contractual relationship with a foreign entity of concern.” Mr. Hoover also replied to Representative Lesko, “[e]ach grantee is applying with a rigorous investment plan, proposed project pipeline, and timeline for a wide array of necessary activities covering their investment work, their governance, their organizational structure. All of that will be enshrined in our terms and conditions of the grant agreement.”   Members also submitted follow-up questions for the record after the hearing. Oversight and Investigations Subcommittee Chair Griffith requested more detail about performance audits, and the EPA responded, in part, “[w]e expect that the terms and conditions of GGRF grants, as provided in 2 C.F.R. § 200.208, will authorize the project officer to closely monitor recipient performance and compliance with grant requirements.” Additionally, in response to Chair Griffith’s inquiry on how the EPA could evaluate the past performance of applicants that included new organizations or coalitions, the EPA stated that it required applicants to submit risk management plans, and that awardees would have to comply with specific terms and conditions in their award agreements. In response to a question on Build America, Buy America Act (BABA) compliance, the EPA stated that it was “including terms and conditions in the award agreements to reinforce that all grants are subject to [BABA] by statute,” and that “EPA will hold selected applicants accountable to BABA requirements through the terms and conditions of the award agreements.” Finally, the EPA also responded to a question from Representative Crenshaw, saying that “EPA will include a term and condition in all award agreements to protect against federal funds flowing to entities with certain connections to the People’s Republic of China.”  In short, the EPA repeatedly sought to reassure the Committee that its award agreements with selected recipients would address the issues of concern and potential risks. The Committee seeks additional detail on how these award agreements will address the issues of concern and potential risks.    As such, please provide a complete and unredacted copy of the award agreement, including all of the attachments, appendices, and any amendments, that the EPA executes with each funding recipient under the GGRF. By no later than August 29, 2024, please provide a copy of all award agreements that have been finalized as of the date of this letter, and please provide a copy of all remaining agreements as soon as they are finalized. 

Committee Leaders request GAO review CMS Part D premium stabilization program Lawmakers are calling on the Government Accountability Office (GAO) to review the Medicare Part D Premium Stabilization Demonstration recently announced by the Centers for Medicare & Medicaid Services (CMS), noting its dubious legality and the danger it poses to health care affordability for seniors. The effort comes as part of a letter to GAO from House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Senate Finance Committee Ranking Member Mike Crapo (R-ID), and House Ways and Means Committee Chair Jason Smith (R-MO).  Through new taxpayer-financed policy adjustments, the demonstration seemingly intends to deflate seniors’ premiums that are otherwise slated to increase dramatically following the counterintuitive, haphazardly-written Inflation Reduction Act’s drug price provisions. However, the agency has not produced any budgetary analysis and appears to lack a clear statutory basis or credible research goals for the proposal. Rodgers, Crapo, and Smith request GAO review the demonstration’s legality under section 402 of the Social Security Amendments of 1967; what budgetary analysis CMS undertook in developing the demonstration; and the estimated budgetary impact of the demonstration. From the letter: “We write to request that the Government Accountability Office (GAO) conduct an expedited review of the Part D Premium Stabilization Demonstration, as announced by the Centers for Medicare & Medicaid Services (CMS) on July 29, 2024. In response to the Inflation Reduction Act’s (IRA) problematic design features and rushed legislative process, the proposed demonstration employs arbitrary policy levers to achieve short-term objectives. The initiative lacks any budgetary analysis, clear statutory basis, or credible research goals. The integrity of the Medicare program and the taxpayer dollars that finance its benefits demand more than partisan aspirations to justify extra-statutory, eleventh-hour policy changes." [. . .] “[T]he policies advanced through the recently announced demonstration would simply shift costs from plan sponsors and enrollees to taxpayers, obscuring the law’s impacts without addressing their underlying drivers. Moreover, consideration of these types of programmatic changes should fall within the purview of the legislative branch. Instead, however, this agency action seeks to sidestep Congress, waiving statutory directives under the guise of a ‘demonstration project,’ with no meaningful research aims, budgetary assessments, or empirical rigor.” CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Energy, Climate, and Grid Security Subcommittee Chair Jeff Duncan (R-SC), and Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) yesterday sent a letter to Department of Energy (DOE) Secretary Jennifer Granholm urging the Department of Energy to prioritize the onshoring of our critical mineral supply chains following the Chinese Communist Party’s July 1 declaration that rare earth metals were the “property of the state.” CLICK HERE to read exclusive coverage by E&E News. KEY QUOTE “Critical minerals are essential to America’s economy and to America’s capacity to manufacture goods and high-tech devices. Many critical minerals are essential to the energy sector, as they are needed to manufacture solar panels, batteries, and electrical equipment. As the DOE is aware, the CCP announced limitations on gallium, germanium, natural and synthetic graphite last October. These critical minerals are vital for our defense and energy technologies and are listed as critical and at high risk of supply disruption. On November 21, 2023, the Committee on Energy and Commerce sent a letter raising security concerns over the CCP limiting exports of gallium, germanium, natural graphite, and synthetic graphite. Your response to that letter failed to address these concerns and lacked basic information to help Members of Congress assess the risks of America’s increasing dependence on CCP controlled minerals.” [...] “The administration should prioritize the onshoring of domestic mining and processing industry for these critical minerals and materials. The answer to a lack of mining and processing is not to extend credits to companies using minerals from a major geopolitical adversary that relies on child labor and exploitation.” Chairs Rodgers, Duncan, and Carter asked Secretary Granholm to answer the following questions by August 13, 2024: Are you concerned by reports that the Chinese government has declared rare earth metals property of the government of China? What actions will the DOE take in response to the Chinese government’s announcement? Please describe any actions DOE has taken to prioritize onshoring domestic mining and processing of synthetic and natural graphite. Please describe any actions DOE has taken to prioritize onshoring domestic mining and processing of gallium and germanium. How will DOE work to expedite projects to ensure a secure and stable supply chain of these critical minerals and materials given these recent announcements? What actions will DOE take to mitigate potential domestic supply shortages of these minerals? Were you consulted about the Treasury Department’s decision to extend the graphite exemption through 2027? Did you advise or recommend that the White House extend the graphite exemption through 2027? Please explain. CLICK HERE to read the letter to Secretary Granholm. CLICK HERE to read the November 21, 2023, letter to Secretary Granholm raising concerns over the CCP’s decision to limit exports of gallium, germanium, natural graphite, and synthetic graphite.