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WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Earl L. “Buddy” Carter (GA-01), Chairman of the Subcommittee on Health, announced a hearing titled  An Examination of  How Reining in PBMs Will Drive Competition and Lower Costs for Patients . “As outlined in recent reports, significant consolidation in the PBM marketplace has led to fewer options for patients and employers and less competition to keep out-of-pocket drug costs in check,”  said Chairmen Guthrie and Carter.   “Over the past few years, this Subcommittee has led on a myriad of legislative solutions which will help guide our continued work toward delivering high quality heath care for the American people.” Subcommittee on Health hearing titled  An Examination of How Reining in PBMs Will Drive Competition and Lower Costs for Patients . WHAT: Subcommittee on Health hearing to examine PBM reform policies.  DATE:  Wednesday, February 26, 2025  TIME: 10:00 AM ET  LOCATION: 2123 Rayburn House Office Building  This notice is at the direction of the Chairmen. The hearing will be open to the public and press and will be live streamed online at  energycommerce.house.gov . If you have any questions concerning the hearing, please contact Emma Schultheis with the Committee staff at  Emma.Schultheis@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov .  ###

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, issued the following statement after Robert F. Kennedy Jr., was confirmed by the U.S. Senate to serve as Secretary of the Department of Health and Human Services:  “Americans deserve a health care system that empowers them to be healthy and prioritizes better outcomes. With rising obesity rates, concerning levels of chronic disease, an ongoing drug epidemic, and financially strained programs, we must embrace commonsense approaches to address the root causes of increasing costs, curb the flow of illicit substances flowing into our communities, and foster cutting-edge innovation,”   said Chairman Guthrie .  “I congratulate Secretary Kennedy on his confirmation and look forward to working with him to improve the health and wellbeing of the American people.”  ###

WASHINGTON, D.C. —  Congressman Earl L. “Buddy” Carter (GA-01), Chairman of the Subcommittee on Health, led a hearing yesterday titled  Combatting Existing and Emerging Illicit Drug Threats . “One death due to illicit drugs is too many, and this hearing gave members the chance to hear from patient advocates and experts, including law enforcement and medical professionals. Solving the drug crisis will include everything from empowering law enforcement to crack down on drug traffickers to providing support to those struggling with substance use disorder,”  said Chairman Carter.  “This Subcommittee has led on proposing solutions to these problems in the last Congress, and this hearing shows signs that we will continue to do so moving forward.” Watch the full hearing  here . Below are key excerpts from today’s hearing: Rep. John Joyce (PA-13), Vice Chairman of the Committee on Energy and Commerce: “Since the inauguration of President Trump, we have seen President Trump take immediate action to combat the growing threat of illicit fentanyl flowing through our borders. He designated the cartels in Mexico as a foreign terrorist organization and reached an agreement with the Mexican president to deploy her country's National Guard to help stop the transport of this deadly drug into our country. Unfortunately, these positive steps come only a few years after the inaction of the Biden Administration. And because of that delay, fentanyl poisoning has risen dramatically with seven out of 10 illicit fentanyl pills tested by the DEA in 2023 containing a potentially lethal dose of fentanyl. That's seven out of 10, and go back just two years before that, it was only four out of 10. Why would I say only four out of 10 deadly pills? Ray Cullen, thank you for being here. Thank you for sharing the story of your son, Zach. Can you talk about how fentanyl poisoning is distinct from an accidental overdose?”  Ray Cullen:   “Thank you for the question. So, in my opinion, an accidental overdose is when someone takes something—whether prescribed or not—that’s more of what they were supposed to then the body could handle. Poisoning to me means that someone took something that had something in it. that they were not expecting. So, in our case Zach purchased cocaine—bad decision—but the coroner told me that there was more fentanyl and cocaine in his system. He did not die because he took too much cocaine.” Rep. Neal Dunn (FL-02), Vice Chairman of the Subcommittee on Health: “Doctor Westlake, as a medical doctor, I'm interested to hear from you about how this issue presents in the emergency room. Can you speak from your own experience—how the presentations of drug overdoses have evolved over the last few years?”   Dr. Westlake:   “I think when, when we kind of saw the starting, it was with prescription opioid epidemic, and there were overdoses on prescription pills because of the overprescribing issue. That has pretty, pretty much, you know, at least in Wisconsin, and my understanding across the country is pretty much stopped. And now it's moved on to the illicit substances. And then once they became the counterfeit, counterfeit substances, initially it was people that knew they were using and were taking risks, and now moved into people that don't even know that they're that they're using. The majority of overdoses that I see are people that are not aware that they're taking fentanyl. The last 10 overdoses that I've seen in the last couple of months, all thought they were taking heroin, and when we tested it, there was no opioid, it was all pure fentanyl that was they were overdosing from.” ###

WASHINGTON, D.C.  – Congressman Buddy Carter (GA-01), Chairman of the Subcommittee on Health, delivered the following opening statement at today’s hearing titled  Combatting Existing and Emerging Illicit Drug Threats. "As we gavel in the first Energy and Commerce Subcommittee on Health hearing, American families across the country continue to suffer from failures of the Biden-Harris Administration’s disastrous four years and its inability to address one of the greatest public health threats of our lifetimes: the illicit drugs pouring over our borders.  "Under the previous Administration, the United States experienced a historic rise of drug overdoses and poisonings, driven by an increased supply of synthetic opioids, such as illicit fentanyl and its analogs. "Last fiscal year, Customs and Border Protection confiscated over 21,000 pounds of fentanyl at our borders. That is enough fentanyl to kill every American several times over. And that’s just the drugs we know about.  "Under the Biden-Harris Administration, we saw rates of overdose and poisoning deaths skyrocket, peaking at nearly 108,000 in 2023, driven by the surge of fentanyl coming across our borders. Illicit fentanyl overdoses are now the number one cause of death among adults 18 to 45. Each year, more Americans are dying from illicit fentanyl than the number of American lives lost during the Vietnam War. "However, I believe we have a great opportunity to make significant and sustainable progress in combating this crisis. To do so we must continue to expand the availability of overdose reversal treatments like naloxone, removing the stigma associated with carrying it and making it as common as a fire extinguisher. Every school in America should have access to naloxone. "We must secure our borders to stop the scourge of illegal drugs, especially poisons like illicit fentanyl. President Trump has already made progress to address the fentanyl crisis by forcing Mexico and Canada to come to the negotiating table. With President Trump’s leadership, we must continue to crack down on China, Mexico, and anyone who smuggles fentanyl and other synthetic drugs across our borders with the sole intention of preying on Americans.  "Additionally, this Committee is already taking action to help keep illicit fentanyl out of our communities and save lives. Later today the House will vote on a bill developed by this Committee, the Halt All Lethal Trafficking of Fentanyl Act, which will take the critical step of permanently scheduling all fentanyl-related substances as Schedule I drugs under the Controlled Services Act.  "These tools and solutions address today’s problem. But, like the evolution of the opioid crisis from the over prescribing of oxycontin to today’s scourge of synthetic opioids like fentanyl, we must prepare for what’s next. In this hearing we’ll hear from our witnesses not just on the illicit drugs threatening our communities today but potential new threats that if left unaddressed will be driving this crisis tomorrow. "I look forward to hearing that testimony and working alongside my colleagues on addressing these issues." ###

WASHINGTON, D.C. —  Law enforcement and advocacy groups are urging Congress to pass H.R. 27, the HALT Fentanyl Act, led by Committee on Energy and Congress Members Reps. Morgan Griffith (VA-09) and Bob Latta (OH-05). Here’s what they have to say: “We commend your early prioritization of this issue and your leadership in pushing this legislation forward. The opioid epidemic continues to claim the lives of hundreds of Americans every day. As this crisis escalates, every delay in addressing it only increases the toll on our communities. For the sake of public safety, it is imperative that the House pass the HALT Fentanyl Act as it stands, without changes, and move it forward to law.” CLICK HERE  to read the letter from the Association of State Criminal Investigative Agencies (ASCIA), Federal Law Enforcement Officers Association (FLEOA), Major Cities Chiefs Association (MCCA), Major County Sheriffs of America (MCSA), National Alliance of State Drug Enforcement Agencies (NASDEA), National Association of Police Organizations (NAPO), National District Attorneys Association (NDAA), National HIDTA Directors Association (NHDA), National Narcotic Officers’ Associations’ Coalition (NNOAC), National Sheriffs’ Association (NSA), Sergeants Benevolent Association NYPD (SBA). “We, the members of the Drug Enforcement Association of Federal Narcotics Agents, are writing to express our strong support for the Halt All Lethal Trafficking (HALT) Fentanyl Act. This bipartisan legislation is crucial in combating the devastating fentanyl crisis that has become the leading cause of death among young adults aged 18-45.” CLICK HERE  to read the letter from Drug Enforcement Association of Federal Narcotics Agents President Marshall Fisher. “The HALT Fentanyl Act is not just about strengthening law enforcement—it is about saving lives and protecting communities. By permanently scheduling fentanyl analogues, we are sending a strong message that the United States will not tolerate the continued destruction caused by this drug.” CLICK HERE  to read the letter from Association of Mature American Citizens Action Chairwoman Rebecca Weber. “On behalf of the National Association of Police Organizations (NAPO), representing over 241,000 sworn law enforcement officers across the United States, I am writing to you to express our strong support for the Halt All Lethal Trafficking of (HALT) Fentanyl Act.  [...] “NAPO has long fought for resources to support law enforcement’s efforts to combat fentanyl, its analogues, and similar opioids. We thank you for your efforts to help the fight against the spread of this deadly poison in our communities and look forward to working with you to pass this important legislation.” CLICK HERE  to read the letter from NAPO Executive Director William J. Johnson. CLICK HERE  to read more about the HALT Fentanyl Act.   ###

WASHINGTON, D.C. – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Earl L. “Buddy” Carter (GA-01), Chairman of the Subcommittee on Health, issued the following statement after the House passed H.R. 27, the HALT Fentanyl Act , by a vote of 312 to 108. “As Republicans work to fix the previous Administration’s border crisis and save lives from fentanyl poisoning, this legislation will serve as an important tool for law enforcement to fight against transnational crime organizations and drug smugglers,” said Chairmen Guthrie and Carter . “We are grateful for Reps. Griffith and Latta for their leadership on this legislation and will work with the Senate to see it passed and sent to President Trump’s desk.”   “Today, the House took a critical step forward to combat the fentanyl crisis by passing the HALT Fentanyl Act. For far too long, the Biden administration’s failure to secure our border allowed this deadly drug to pour into our country and kill more than 200 Americans a day. This bill permanently classifies fentanyl-related substances as Schedule I, giving law enforcement the tools needed to halt this epidemic,” said House Speaker Mike Johnson . “With this legislation and President Trump’s recent actions to secure our northern and southern borders, Republicans are taking decisive, strong, and immediate action to keep these dangerous drugs out of our communities.”   “The ongoing fentanyl crisis has been fueled in part by a rise in lethal fentanyl-related substances. We are pleased to see House passage of the HALT Fentanyl Act, which prioritizes the safety of American life and highlights our commitment to defeating the scourge of fentanyl,” said Reps. Griffith and Latta . “Accordingly, we urge swift passage of HALT Fentanyl in the Senate so we can complement President Trump’s actions to curb the flow of fentanyl into America.”   Background:   Drug traffickers are able to exploit loopholes in the criminal code by making minor changes to the chemical composition of fentanyl, creating an “analog” or fentanyl related substances (FRS). Congress granted temporary scheduling authority that allows Drug Enforcement Agency to immediately schedule FRS as a class, removing the incentive for new FRS to be created. The temporary scheduling authority, however, expires in March 2025.  H.R. 27 , the HALT Fentanyl Act , led by Reps. Morgan Griffith (R-VA) and Bob Latta (R-OH), would make the temporary class-wide scheduling order for FRS permanent. It ensures law enforcement have the tools they need to keep these extremely lethal and dangerous drugs off our streets. The bill also ensures practitioners can research fentanyl related substances so we can better understand their overall effects on people's health.  ### 

WASHINGTON, D.C. – In a new opinion piece penned in the Washington Examiner , House Committee on Energy and Commerce members Reps. Morgan Griffith (VA-09) and Bob Latta (OH-05), along with House Republican Conference Chairwoman Lisa McClain (MI-09), laid out the case for passing H.R. 27, the HALT Fentanyl Act , to give law enforcement the tools needed to fight against fentanyl-related substances flowing into our nation. The fentanyl crisis in America is an unnecessary story of anguish and despair, one that elicits pain and stifles hope. The story of 23-year-old college student Zach Cullen, who was preparing for life beyond college, is one of those stories of anguish. He spent four years delivering pizzas from Papa Johns and was interested in developing a technology company. Nine days after Cullen’s birthday, his parents got painful news. They were informed by police that their son, the youngest of their three boys, died from fentanyl-related poisoning. Cullen’s parents later testified before a House Energy and Commerce Committee roundtable demanding change. House Republicans then committed to preventing future tragedies such as Cullen’s. We put pen to paper and worked on a bill to save lives and crack down on the fentanyl crisis: the HALT Fentanyl Act. CLICK HERE to read the full piece. CLICK HERE to read more about the HALT Fentanyl Act.  ###

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, announced the Committee’s Subcommittee Chief Counsels for the 119th Congress: Subcommittee on Communications and Technology  Chief Counsel - Kate Harper Kate O’Connor Harper will serve as Chief Counsel for the Subcommittee on Communications and Technology, where she has served for the past 5 years. Kate previously served as the Chief of Staff for the National Telecommunications and Information Administration, where she worked on legislative and communications policy focused on spectrum and broadband issues. She also worked in NTIA’s Office of Congressional Affairs and engaged with Congress, state government officials, and other federal agencies to advance the Administration’s legislative initiatives on broadband and 5G. Subcommittee on Commerce, Manufacturing, and Trade Chief Counsel - Giulia Leganski Giulia Leganski will serve as Chief Counsel for the Subcommittee on Commerce, Manufacturing, and Trade. Prior to this role, Giulia served as a Professional Staff Member for the Subcommittee on Communications and Technology, handling issues related to Big Tech, Section 230, Artificial Intelligence, cybersecurity, media, and public safety. Previously, Giulia worked as a Professional Staff Member for the House Small Business Committee, as Acting Deputy Assistant Secretary for Legislative Affairs at the U.S. Department of State, and in the White House Office of Legislative Affairs.  Subcommittee on Energy  Chief Counsel - Mary K. Martin Mary K. Martin will serve as Chief Counsel for the Subcommittee on Energy. Prior to her years at Energy and Commerce, Mary previously served as policy counsel and committee executive to the Environment, Technology & Regulatory Affairs Division at the U.S. Chamber of Commerce. Before joining the Chamber, Mary spent 10 years as an attorney in private practice litigating complex commercial disputes, including environmental contamination, toxic tort, breach of contract, and insurance coverage matters. Most recently, Mary served as Of Counsel at Steptoe & Johnson LLP in Washington, D.C.  Subcommittee on Environment  Chief Counsel - Jake Tyner  Jake Tyner will serve as Chief Counsel for the Subcommittee on Environment. Jake has extensive Capitol Hill experience, most recently serving as General Counsel for Senator Dan Sullivan. In this role, Jake led the Senator’s efforts on issues related to energy, then environment, natural resources, and permitting and regulatory reform. Prior to joining Senator Sullivan’s office, Jake worked for Congressman David McKinley of West Virginia, the ranking member on the Environment & Climate Change Subcommittee in the U.S. House of Representatives and at the U.S. Chamber of Commerce. Subcommittee on Health Chief Counsel - Jay Gulshen Jay Gulshen will serve as Chief Counsel for the Subcommittee on Health. Jay most recently served as a Senior Health Advisor for the Committee on Energy and Commerce, working on Medicare Part B and Part D. Prior to returning to Energy and Commerce, Jay worked for the Committee on Ways and Means, advising on Medicare Parts A and B, served as the Health Policy Advisor for Congressman Buddy Carter, and as a Legislative Associate for the Energy and Commerce’s Health Subcommittee. Subcommittee on Oversight & Investigations  Chief Counsel - Brittany Havens Brittany Havens will serve as Chief Counsel for the Subcommittee on Oversight and Investigations. Prior to this role, Brittany served as a Senior Oversight Counsel on the Committee on Ways and Means Oversight Subcommittee working on a variety of issues, including oversight of federal agencies and programs; oversight of the tax-exempt sector; and legislation related to matters of tax administration. Prior to that, Brittany served in various roles for the Committee on Energy and Commerce between 2012 - 2022, most recently as a Professional Staff Member, conducting oversight on a wide range of topics within the Committee’s jurisdiction. The House Committee on Energy and Commerce Subcommittee staff will work under the direction of Staff Director Megan Jackson, Deputy Staff Director Sophie Khanahmadi, and Chief Counsel Joel Miller.

Focus on Inferior Officer Appointments and Political Accountability Heightened as Transition in Administration Begins Washington, D.C. — In a new report issued by House Energy and Commerce Committee Republican staff outlined Department of Health and Human Services (HHS) Secretary Xavier Becerra’s failure to legally reappoint 14 key officials at the National Institutes of Health (NIH). “Secretary Becerra, an attorney by trade, failed to sign the basic legal documents and follow the process required by the Constitution and federal law necessary to reappoint key NIH officials, putting their jobs, the decisions they’ve made, and the billions in funding they’ve approved in legal jeopardy,” said Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Oversight and Investigations Chair Morgan Griffith (R-VA). “This report outlines those failures, the administration’s efforts to cover it up, and important considerations for the incoming administration as it seeks to restore the rule of law and restore accountability at government health institutions.”  BACKGROUND AND TIMELINE OF INVESTIGATION :  The NIH is the primary agency of the United States government responsible for biomedical and public health research. It is one of 13 subcabinet agencies within the HHS and has an annual budget of more than $40 billion.  On December 12, 2021, the five-year terms of 14 of the 27 NIH Institute and Center (IC) Directors expired, pursuant to the 21st Century Cures Act .  Given reports of Secretary Becerra’s apparent detachment from the NIH and lack of visibility during the pandemic response as well as the lack of any public announcements, Committee Republicans began to question whether Secretary Becerra upheld his Constitutional and statutory responsibility to reappoint the 14 IC Directors upon expiration of their five-year terms.  Republicans investigated for more than two years, overcoming stonewalling, obfuscation, and four different, conflicting explanations from the administration.  WHY IT MATTERS :  The appointments and reappointments of IC Directors are personnel actions that rise to the level of Constitutional responsibility further bolstered by federal statutes. The leaders of these institutes and centers are the ultimate decision-makers involving tens of billions of taxpayer-funded research dollars. These leaders also can play prominent roles in response to public health emergencies or in developing research plans. The effectiveness of biomedical research investments depends on the decision-making abilities and strategic visions of these IC Directors.  The health of the American people is deeply impacted by the appointees who lead the NIH’s institutes and centers. Because the Directors of NIH Institutes and Centers exercise significant authority as the final approving authority for research awards, they would qualify as Inferior Officers of U.S. who must be appointed by the HHS Secretary pursuant to the Appointments Clause of the U.S. Constitution along with the provisions of the 21st Century Cures Act . Greater democratic accountability requires department heads to be responsible for properly managing their agencies in the best interest of the public. Holding department heads accountable for the staffing of executive agencies improves accountability and transparency.   1. Improper appointments jeopardize good stewardship of funds  Improper appointments and reappointments potentially expose the actions of the improperly appointed IC Directors to legal challenge and jeopardizes the proper administration of research funds.   2. Improper appointments risk legal challenge to IC hiring and policies Improper appointments and reappointments potentially expose any personnel actions approved by the improperly appointed IC Directors to legal challenge.  3. Improper appointments may have led to improper payment of Title 42 special consultant salaries  During the year and a half of their lapsed reappointments, the affected IC Directors continued on the NIH payroll and received salaries even though they were serving without the legal authority to hold their positions. This situation raises the question of improper payments of salaries. In a 1976 opinion, the GAO Comptroller General concluded that the Federal Insurance Administrator was improperly appointed and that the appointment required Presidential nomination and Senate confirmation pursuant to the Appointments Clause.   In a subsequent opinion, the GAO Comptroller General found that the Federal Insurance Administrator was not legally occupying the position and thus was not entitled to receive salary and related benefits from the Department. GAO then concluded that this official was a de facto officer, performing his duties of the Office of Insurance Administrator with the knowledge and apparent acquiescence of the Secretary and the President. GAO concluded it was not necessary to take action to recover the salary. However, whether an NIH or HHS official who approved an expenditure of funds without legal authority could be held liable for the funds is an open question.  4. Secretary Becerra violated his oath by failing to carry out his Appointments Clause responsibilities.  When he was sworn in as HHS Secretary, Secretary Becerra took his oath of office swearing to support and defend the Constitution of the United States, including the Appointments Clause. By failing to reappoint the IC Directors pursuant to the Appointment Clause, Secretary Becerra failed to uphold the Appointments Clause until he was pressured by the Committee to issue signed affidavits ratifying the selections for reappointments a year and a half after the statutory deadline. During that time lapse the individuals serving as IC Directors were holding their positions without valid reappointments.  5. IC Directors serving without valid reappointments further undermined public trust in public health leadership.  Public trust in the federal government’s health leadership was eroded during the response to the COVID-19 pandemic. The public trust is further damaged by the fact that some public health leaders cloaked in the authority of their titles were not legally authorized to hold those positions. Ensuring proper appointments and reappointments to these offices is yet an additional challenge to restore public trust. Secretary Becerra’s failure raises questions whether the American people can assume that public health leaders actually have competent authority to act during a public health emergency.  6. The failure to take seriously the reappointments of the IC Directors subverts the rule of law. The failure to take seriously the reappointments of the IC Directors subverts the rule of law. In this instance, the law called for precision: the HHS Secretary reappointing of IC Directors by a certain date. The action to be taken was to fulfill the Constitutional duty and the statutory requirement to reappoint Inferior Officers of the United States. HHS’s lax approach toward this matter and its evasive, frequently misleading responses to this investigation reveals a lack of diligence in upholding the rule of law and our democratic values. The cavalier attitude toward following the law and the Constitution as well as the subsequent attempts at hiding its failure to follow the law is a prime example of the Biden-Harris administration’s above-the-law attitude and approach to governing.  CLICK HERE to read the full report.