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Washington, D.C. — The House Energy and Commerce Subcommittee on Oversight and Investigations today released a new staff report titled “Majority Staff Report: Examining the Environmental Protection Agency’s Electric School Bus Program.” House Energy and Commerce 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 J. “Buddy” Carter (R-GA) released the following quote about the report’s findings:   “It is clear the $5 billion Clean School Bus Program is overall a failure and, in many cases, a waste of Americans’ hard-earned taxpayer dollars. The program, led by the radical Biden-Harris EPA, props up a market that relies heavily upon a supply chain dominated by the Chinese Communist Party. Further, the program was constructed without the necessary safeguards to prevent fraud and incentivizes schools to use buses they otherwise would not choose. It’s also important to note that the EPA refuses to tell us how many of these school buses are on the road. As the official tasked with ensuring the success of the program, Vice President Harris bears great responsibility for its significant shortcomings.”  The Chairs also added,  “We commend EPA Inspector General Sean O’Donnell for his assistance in our investigation as well as his own work as the EPA’s watchdog.”  OVERVIEW OF REPORT :  Executive Summary    Introduction to the Clean School Bus Program   Creation of the Clean School Bus Program  2022 Clean School Bus Rebate Program  2023 Clean School Bus Grant Program  2023 Clean School Bus Rebate Program  Concerns with Electric School Buses   Cost   Environmental Impact  Battery Production   Battery Recycling   Increased Risk of Fires  Performance  ESB Supply Chains  National Security  Human Rights Issues in the Supply Chain  Problems with the Clean School Bus Program   Lack of Verification Procedures Leads to Waste, Fraud and Abuse   Delay Issues  Program Imbalance  Conclusion   Appendix   OVERVIEW OF INVESTIGATION :  September 13, 2023 : Subcommittee on Oversight and Investigations convenes hearing titled "Making the Grade?: Audit of the Environmental Protection Agency’s Clean School Bus Program"  October 31, 2023 : Subcommittee on Oversight and Investigations sends first round of surveys to school districts participating in the Clean School Bus Program.  January 9, 2024 : House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issues statement after the Environmental Protection Agency (EPA) announced an additional $1 billion in grants for President Biden’s electric school bus plan  April 5, 2024 : E&C Republicans Press EPA for Information on Clean School Bus Program that Picks Winners and Losers  September 17, 2024 : E&C Republicans Release Staff Report on Clean School Bus Program

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 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. 

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.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Oversight and Acoountability Committee Chair James Comer (R-KY) sent letters to eight federal agencies today following the recent Supreme Court decision on Loper Bright Enterprises v. Raimondo , in which the court overruled Chevron deference. Science, Space, and Technology Committee Chair Frank Lucas (R-OK) and House Agriculture Committee Chair GT Thompson (R-PA) joined Chairs Rodgers and Comer on an additional letter sent to the Environmental Protection Agency. KEY LETTER EXCERPT: “We write to call to your attention Loper Bright Enterprises v. Raimondo, a recent Supreme Court decision that precludes courts from deferring to agency interpretations when the statutes are ambiguous. In its decision, the Court explicitly overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required deference to agency interpretations of ambiguous statutes. By allowing such deference, the Court in Chevron enabled the ‘Administrative State’ to usurp the legislative authority that the Constitution grants exclusively to Congress in Article I. The Chevron decision led to broader, more costly and more invasive agency regulation of Americans’ lives, liberty, and property.   “Perhaps no administration has gone as far as President Biden’s in issuing sweeping Executive edicts based on questionable assertions of agency authority. The Biden administration has promulgated far more major rules, imposing vast costs and paperwork burdens, than either its most recent predecessors. Many of these rules...have been based on overreaching interpretations of statutes enacted by Congress years ago, before the issues now regulated were even imagined.   “The expansive Chevron deference has undermined our system of government, creating an unaccountable Administrative State. Thankfully, the Court has now corrected this pattern, reaffirming that ‘[i]t is emphatically the province and duty of the judicial department to say what the law is.’ Given the Biden administration’s record of agency overreach, we are compelled to underscore the implications of Loper Bright and remind you of the limitations it has set on your authority.”   CLICK HERE to read the letter to the Environmental Protection Agency. CLICK HERE to read the letter to the Federal Communications Commission.  CLICK HERE to read the letter to the Consumer Product Safety Commission.  CLICK HERE to read the letter to the Federal Trade Commission.  CLICK HERE to read the letter to Department of Commerce.   CLICK HERE to read the letter to the Department of Energy.  CLICK HERE to read the letter to the Federal Energy Regulatory Commission.  CLICK HERE to read the letter to the Nuclear Regulatory Commission.  CLICK HERE to read the letter to the National Highway Transportation and Safety Administration.

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) sent Environmental Protection Agency (EPA) Administrator Michael Regan a letter demanding additional details regarding the agency’s efforts to designate additional per- and polyfluoroalkyl (PFAS) substances as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). KEY LETTER EXCERPT: “We are particularly concerned with the scope of any new designations made by EPA, including the EPA’s ability to obtain and use the data necessary to understand the technical and economic feasibility of such a designation. “The Agency’s purposeful cooperation with scientific experts, who know these substances, is relevant to the cleanup levels for which those sites might be subject and will, ultimately, determine how quickly these sites will be cleaned up under CERCLA’s strict, joint and several, and retroactive liability scheme. For these reasons, it is imperative this Committee follow up with you and seek additional information about the potential scope of additional actions under CERCLA to address PFAS releases.”   BACKGROUND: PFAS are not a single chemical, but rather an entire group of 14,000 synthetic chemicals used in a wide variety of common applications.   On April 17, 2024, the EPA designated two PFAS substances, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under CERCLA.   During Administrator Regan’s appearance before the Committee on Energy and Commerce’s Subcommittee on Environment, Manufacturing, and Critical Materials, he was asked if the EPA would designate PFAS substances beyond PFOA and PFOS as “hazardous substances.” In response, he stated, “We will.” Later, the EPA stated the agency “will go through a rulemaking process” for the designation of additional PFAS chemicals as CERCLA hazardous substances.  Given that PFOA and PFOS are just a fraction of the entire PFAS class, the Chairs are demanding details regarding the EPA’s efforts to designate additional PFAS chemicals as hazardous substances under CERCLA, and whether they will be transparent with the public regarding those efforts. CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) Ranking Member Frank Pallone Jr. (D-NJ), Senate Environment and Public Works (EPW) Committee Chair Tom Carper (D-DE), and Ranking Member Shelley Moore Capito (R-WV), today celebrated President Joe Biden’s signing of S. 870, which includes the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (ADVANCE) Act , into law.  “The Energy and Commerce Committee has a rich history of advancing major bipartisan solutions, and I’m extremely proud that our years of hard work to strengthen American nuclear energy have paid off with this significant legislation that will improve energy reliability and reduce costs for American families and businesses,” said Chair Rodgers. “This is a major victory for the American people and will help cement U.S. energy leadership for decades to come. I want to thank everyone who has worked tirelessly to get this legislation signed into law, especially the Chair of our Energy Subcommittee and bill author Rep. Jeff Duncan.”  “Nuclear power plays an important role in producing carbon-free power for our electric grid, and now our nuclear industry will have the framework it needs to strengthen America’s energy leadership,”  said Ranking Member Pallone.  “By ensuring we can deploy safer and more reliable nuclear power, the ADVANCE Act will help combat our dependence on dirty fossil fuels, strengthening our energy independence and securing our economic security. I’m grateful to have worked alongside my colleagues to get this across the finish line.” “Today is a momentous day for our climate and America’s clean energy future,” said Chairman Carper . “The urgency of the climate crisis demands a swift transition to cleaner energy sources. Fortunately, the ADVANCE Act  will support this transition. This bipartisan law will strengthen our energy and national security, lower greenhouse gas emissions and create thousands of new jobs, while ensuring the continued safety of this zero-emissions energy source. I’m thankful to each of my colleagues who helped write and pass this bill and to President Biden for signing it into law.” “With the ADVANCE Act being signed into law, we secured a landmark win for the future of nuclear energy here in America,”  Ranking Member Capito said. “Getting substantive, bipartisan policy across the finish line isn’t always easy, but this is the result of years of work to build widespread consensus about the benefits of advanced nuclear reactors to our electric grid, economy, and environment. I’m thrilled the ADVANCE Act is now law to enable the deployment of new nuclear and help keep the United States as the world’s nuclear energy leader.”

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) released this statement following the Supreme Court’s decision in Ohio v. EPA : “The Supreme Court made the right decision to stay enforcement of the Biden EPA’s harmful rule and to allow completion of judicial review. This decision relieves states of the tremendous costs and harms from complying with a rule that is likely to be overturned. The compliance burdens this rule requires threaten to further undermine electric reliability and raise utility bills for Americans. The agency clearly overstepped its statutory authority to usurp states’ responsibilities for putting together emissions plans to address their responsibilities to neighboring states. I hope this decision compels President Biden to reverse course on his radical rush-to-green agenda and start working with states to bring more reliable, affordable power online, not less.” CLICK HERE to read about Chair Rodgers's April 2024 amicus brief with Senators Capito and Wicker.