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Washington, D.C. — House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and House Committee on Oversight and Accountability Chairman James Comer (R-KY) today wrote to Centers for Medicare & Medicare Services (CMS) Administrator Chiquita Brooks-LaSure, requesting documents and communications to assist in investigating CMS’s response to a data breach impacting personally identifiable information of approximately 254,000 Medicare beneficiaries.  “On October 8, 2022, [Healthcare Management Solutions, LLC (HMS)] ‘was subject to a ransomware attack on its corporate network.’ CMS was notified about the data breach a day later, and on October 18, 2022, CMS ‘determined with high confidence that the incident potentially included personally identifiable information and protected health information for some Medicare enrollees.’ However, it was not until December 1, 2022, that CMS made the determination that the data breach constituted a ‘major incident,’ as defined in the Federal Information Security Modernization Act of 2014,” wrote Rodgers and Comer.   After becoming aware of a major data breach and potential exposure of Medicare beneficiaries’ personal information, it took CMS two months to determine that the data breach constituted a “major incident” as defined in the Federal Information Security Modernization Act.  “In other words, bad actors had access to Medicare beneficiaries’ information for two months before CMS determined this ransomware attack was a ‘major incident,’ triggering a legal obligation to inform Congress of such incident. [...] The compromised information potentially includes the following personally identifiable information (PII) and protected health information (PHI): name, address, date of birth, phone number, Social Security Number, Medicare beneficiary identifier, banking information, including routing and account numbers, and Medicare entitlement, enrollment, and premium information,”  continued Chairs Rodgers and Comer.   CLICK HERE to read the letter to Administrator Brooks-LaSure. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Energy, Climate, & Grid Security Subcommittee Chair Jeff Duncan (R-SC) sent a letter yesterday to the Federal Energy Regulatory Commission (FERC) Acting Chairman and Commissioners demanding to know how they plan to incorporate guidance from the Council on Environmental Quality (CEQ) in a way that does not jeopardize American energy security.   Excerpts and highlights from the letter:  “On January 9, 2023, the Council on Environmental Quality (CEQ) issued interim guidance entitled ‘National Environmental Policy Act (NEPA) Guidance on Consideration of Greenhouse Gas Emissions and Climate Change.’  “The stated goal of this guidance is to ‘assist Federal agencies in their consideration of the effects of greenhouse gas (GHG) emissions and climate change when evaluating proposed major Federal actions in accordance with NEPA...’ CEQ’s interim guidance took effect immediately for relevant agencies, including the Federal Energy Regulatory Commission (FERC or ‘Commission’). This vague guidance raises many concerns regarding how the Commission will follow its authorizing statutes in the issuance of permits for both natural gas and electric transmission infrastructure.   “While we understand this interim guidance is subject to change until the rule is finalized, we write to reiterate that NEPA, and especially the CEQ guidance, does not supplant the Commission’s core statutes for siting or permitting natural gas or electric transmission projects. Commissioner Christie pointed out in his dissent to the interim policy statement, entitled ‘Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure Project Reviews,’ that the Commission’s own regulations implementing NEPA reflect that very fact, ‘the Commission will comply with the regulations of the CEQ except where those regulations are inconsistent with the statutory requirements of the Commission.’ As such, we request that each of you answer the below questions no later than March 30, 2023.  Is it your opinion that the CEQ guidance requires the Commission to quantify upstream and downstream emissions from natural gas projects? If so, how will the Commission apply this in its regulations?  Is the CEQ guidance consistent with facilitating the orderly development of plentiful supplies of natural gas at reasonable prices, as is the intent of the Natural Gas Act? If so, please elaborate. If not, how can the Commission legally implement the guidance?  Does the Commission intend to revise and reissue its natural gas policy statements (Docket Nos. PL21-3-000 and PL18-1-000) in order to incorporate this CEQ guidance? Please explain.  Does the Commission plan to undertake an analysis or solicit public feedback on how implementing this CEQ guidance could affect the price or availability of natural gas and electricity, or the effect on the economy as a whole?”  CLICK HERE to read the full letter.  NOTE: Chairs Rodgers and Duncan sent a letter to FERC on March 3, 2023, demanding they explain why the commission has abandoned its core mission to help deliver abundant, reliable, and affordable energy for Americans. The letter specifically referenced examples when FERC has appeared to make decisions beyond its statutory authority in order to advance President Joe Biden and the Democrats’ rush-to-green agenda. CLICK HERE to read more. 

Washington, D.C. –  House Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and House Foreign Affairs Committee Chairman Michael McCaul (R-TX) sent a letter to U.S. Department of Energy (DOE) Secretary Jennifer Granholm and National Intelligence Director Avril Haines requesting a briefing regarding the DOE’s assessment that concludes the COVID-19 pandemic was most likely caused by a lab leak in China.  “DOE’s findings highlight the need for transparency from government agencies regarding information in their possession relevant to the origins of SARS-CoV-2 as a means of rebuilding trust with the American people,”   the Chairs wrote. “This includes the National Institutes of Health (NIH), whose past leadership worked to suppress discussion of the possibility that the COVID-19 pandemic was the result of a research-related incident. The DOE’s updated assessment underscores the need for concrete reforms to the International Health Regulations, scrutiny and appropriate evaluation of the WHO’s proposed ‘Pandemic Accord,’ new leadership at the World Health Organization (WHO), Taiwan’s re-admittance to the WHO as an observer, and a thorough international investigation regarding the origins of COVID-19.”   […]   “To assist the Committees in understanding DOE and the Intelligence Community’s assessments and reporting on the origins of the COVID-19 pandemic, please provide the updated DOE assessment, including any underlying analyses from DOE national laboratories, and a comprehensive briefing on DOE’s findings no later than March 20, 2023. We further request that the ODNI take immediate steps to declassify the DOE’s assessment.”   The full text of the letter can be found  here .  

Washington, D.C. — House Energy and Commerce Committee Chair Cathy Rodgers (R-WA) and Energy, Climate Change, and Grid Security Subcommittee Chair Jeff Duncan (R-SC) sent a letter today to the Acting Federal Energy Regulatory Commission (FERC) Chairman and Commissioners demanding they explain why the commission has abandoned its core mission to help deliver abundant, reliable, and affordable energy for Americans. Rodgers and Duncan specifically reference examples when FERC has appeared to make decisions beyond its statutory authority in order to advance President Joe Biden and the Democrats’ rush-to-green agenda.  Excerpts and highlights from the letter below:  “In February of last year, the Federal Energy Regulatory Commission ('FERC' or 'Commission') issued two policy statements concerning the greenhouse gas (GHG) emissions of natural gas projects under the Commission’s jurisdiction. According to the Commission, the policy statements were intended to clarify how it addressed GHG emissions when considering the issuance of certificates for natural gas pipelines and liquified natural gas (LNG) facilities and to 'provide an updated, legally durable framework' to the Commission’s decisions.   “At the time, we expressed concerns that the policy statements would make it more difficult to build our much-needed energy infrastructure to deliver abundant, reliable, and affordable energy for Americans, which is the Commission’s core mission. Thankfully, FERC abandoned these politically motivated policies by changing their status to draft shortly after they were issued.   “On December 15, 2022, the Commission issued a Notice of Proposed Rulemaking (NOPR) entitled Applications for Permits to Site Interstate Electric Transmission Facilities. The NOPR, in part, was issued in response to the passage of the Infrastructure Investment and Jobs Act (IIJA; Pub. L. 117-58), which amended the Commission’s authority to issue permits to applicants for the construction of electric transmission facilities under Section 216 of the Federal Power Act (FPA) . This NOPR, similar to the natural gas policy statements referenced above, appears to broadly interpret the Commission’s statutory authority.  “The NOPR appears to impose on applicants vague requirements on environmental justice and air quality. It is unclear where FERC was granted such authority to impose these requirements on applicants under the FPA and the IIJA. For example, this NOPR proposes to require an 'Environmental Justice Public Engagement Plan' as part of a developer’s application for an electric transmission project. It also amends the Commission’s regulations to require of applicants a 'resource report' on environmental justice. The NOPR also proposes to define the term 'environmental justice community,' seemingly to help applicants comply with requirements set forth in the Environmental Justice Public Engagement Plan. Finally, the Commission proposes to require of applicants a 'Resource Report on Air Quality and Environmental Noise.” This resource report would 'require the applicant to estimate emissions from the proposed project….' “These requirements set forth in the NOPR seem contrary to the intent of Congress in amending the Commission’s authority under Section 216 of the FPA. We are concerned the Commission’s actions reach well beyond its statutory authority, which is primarily as an energy economic regulator, not a climate regulator.   “As such, we request that you answer the below questions no later than March 17, 2022.  What specific statutory authorities is the Commission relying upon in requiring an “Environmental Justice Public Engagement Plan” for project applicants under Section 216 of the FPA?  What specific statutory authorities is the Commission relying upon in requiring project developers to estimate emissions of electric transmission facilities under Section 216 of the FPA?  Does the Commission plan to issue specific guidelines for the 'Environmental Justice Public Engagement Plan' required for project applicants? If so, when?  The NOPR proposes that project applicants must engage with environmental justice communities in the pre-filing process. Such communities include those that have been 'overburdened by pollution.' Has the Commission defined this term with specific parameters for project developers in order to facilitate the timely issuance of permits?   Is it your opinion that these requirements will help facilitate the timely issuance of permits under Section 216 of the FPA? Please explain.”  CLICK HERE to read the full letter to FERC.  

Washington, D.C. — House Energy and Commerce Committee Chair Cathy Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), Subcommittee on Health Chair Brett Guthrie (R-KY), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), Subcommittee on Innovation, Data, and Commerce Chair Gus Bilirakis (R-FL), Subcommittee on Environment, Manufacturing, and Critical Materials Chair Bill Johnson (R-OH), and Subcommittee on Energy, Climate, and Grid Security Jeff Duncan (R-SC) wrote to the heads of the Department of Energy, Department of Health and Human Services (HHS), Environmental Protection Agency (EPA), and Department of Commerce laying out expectations for intergovernmental cooperation regarding oversight. As Chair Rodgers said in the full committee markup of Energy and Commerce’s Authorization and Oversight Plan for the 118th Congress, “We have a responsibility to conduct oversight to get answers on behalf of those we serve and to ensure accountability so the government is responsive to the American people.” The members outline the below seven principles for each agency or department to comply with Congressional requests and provide answers the American people deserve. 1. For all requests or questions, please reproduce the requests or questions presented in a written letter with the department or agency response. 2. In the spirit of comity and inter-branch accommodation, your department or agency should endeavor to cooperate as much as possible with committee oversight requests. If your department or agency has determined it will not voluntarily cooperate with the requests, please provide electronic written notice within two business days specifying which requests you are declining to cooperate with and the stated reasons for voluntary noncooperation. 3. Your department or agency should make a determination on whether certain requests cannot be fulfilled as presented. Provide electronic written notice within one business week of receipt of the request about such determinations, stating the reasons why. If there is an alternative approach that could address the Committee’s request, then such an alternative approach should be suggested in the interests of comity and inter-branch accommodation. 4. If the department or agency needs clarification about a Committee request, your staff should make good faith efforts to contact Committee staff for assistance as soon as possible. 5. We expect your department or agency to provide a written response to our oversight requests within two weeks of receipt of the letter. If the department or agency needs additional time to respond to Committee requests, your staff should make good faith efforts to contact Committee staff for assistance as soon as possible. 6. If your department or agency has determined that certain requested documents cannot be produced pursuant to a privilege or other legal basis, your department or agency should submit an index of the withheld documents and the privilege asserted within two business weeks of receipt of the request letter. 7. If your department has determined that a requested witness cannot be made available pursuant to a privilege or other legal basis, your department or agency should submit in writing an explanation of the privilege or other legal basis asserted within two business weeks of receipt of the request letter. CLICK HERE to view the letter to Energy Secretary Jennifer Granholm. CLICK HERE to view the letter to HHS Secretary Xavier Becerra. CLICK HERE to view the letter to EPA Administrator Michael Regan. CLICK HERE to view the letter to Commerce Secretary Gina Raimondo.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) offered the following statement after the Government Accountability Office issued a report titled “ HHS Could Improve Oversight of Research Involving Enhanced Potential Pandemic Pathogens ,” which is commonly referred to as “gain-of-function" research.  “Today’s watchdog report affirms many of my concerns with the secretive HHS board that purportedly reviews risky research projects from federal agencies. So far, the risky research proposals of concern only appear to be funded by the National Institutes of Health, specifically by the National Institute of Allergy and Infectious Diseases. The American public deserve to know to what extent their tax dollars are being used to fund pathogenic research that has the potential to cause a pandemic. Whether or not the U.S. government played any role—directly or indirectly—in the creation of COVID-19, our committee’s investigation is uncovering a host of issues that require more attention. Thankfully, we were able to enact some commonsense prohibitions regarding where and how this type of research is funded, but we will continue pushing for more accountability and oversight to start rebuilding public trust in these research agencies.”  KEY EXCERPT FROM GAO REPORT : By working with its funding agencies to identify and share non-sensitive information about how HHS, in coordination with its funding agencies, conducts reviews and makes funding recommendations, researchers, Congress, and the public would have greater assurance that departmental review provides meaningful and effective suggestions to address biosafety and biosecurity concerns about research involving enhanced potential pandemic pathogens. Moreover, doing so could enhance public confidence in the department’s oversight as well as ensure the agency’s goal to exemplify and promote the highest level of scientific integrity, public accountability, and social responsibility in the conduct of science.  Chair Rodgers, along with Reps. Brett Guthrie (R-KY) and Morgan Griffith (R-VA) wrote to Department of Health and Human Services Secretary Xaiver Becerra in April of 2022, raising concerns on the “flawed and overly secretive review process of whether risky research for potential pandemic pathogens can be conducted safely and have a justifiable benefit.”  KEY LETTER EXCERPT : “Dr. Chris Hassell, the HHS Deputy Assistant Secretary for Preparedness and Response and the chair of the HHS P3CO review committee, briefed the committee staff twice during the summer of 2021. During the briefings, when asked about the identities of the members, Dr. Hassell did not provide the names of the members of the review group. However, he indicated which agencies or departments were represented on the HHS P3CO Review Committee. Dr. Hassell noted there were members from the NIH on the review committee, but he specifically pointed out that the NIH members were from the Office of the Director and not from any of the NIH institutes or centers that would be funding entities to avoid conflict-of-interest concerns.   “The minority committee staff requested that HHS provide the names and affiliations of all members of the HHS P3CO review committee. In response, HHS provided some of the names of the HHS P3CO review committee, but on a confidential basis because of personal security concerns.”  You can read the full letter here . 

President Biden wants to control every aspect of our lives—from what kind of cars we can drive, how we can heat our homes, and now how we’re allowed to cook food for our families. Last week, it was reported that the Biden administration is looking to ban gas stoves from American homes across the country. This is just the latest in a long line of power grabs by the radical Left. It's not about public safety, but rather about telling the American people the federal government knows what’s best. Nearly 35% of homes in the U.S. – more than 40 million Americans – use a natural gas stove. That’s why Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and 86 of her House Republican colleagues sent a letter to President Biden demanding the administration reverse any attempts to ban gas stoves. Chair Rodgers also sent a letter to the Consumer Product Safety Commission (CPSC) echoing these concerns.  Highlights and excerpts from the Fox Business exclusive coverage on the letter to President Biden : Furious lawmakers are calling on President Biden to cease any efforts by his administration to ban natural gas stoves inside Americans' homes. Republicans on the House Committee on Energy and Commerce sent a letter to the president Friday writing in "strong opposition" to reported efforts by regulators to ban natural gas appliances. "This kind of intrusion into the homes of Americans by the federal government as a way of forcing rush-to-green, liberal policies is the ‘nanny state’ at its worst," the Republicans wrote. "Banning natural gas stoves is not about public safety – it is another example of government control; like other policies we have seen from your administration, to tell Americans what kinds of cars they can drive, how they heat their homes, and how to live their lives." The Biden administration caused an uproar over gas stoves earlier this week after a commissioner on the U.S. Consumer Product Safety Commission (CPSC) suggested regulators were considering banning the appliance due to health and safety concerns. From E&E News : House Energy and Commerce Chair Cathy McMorris Rodgers (R-Wash.) is already making plans to bring the issue before her committee. “I’m quite concerned,” Rodgers told E&E News. “I think we need to dig into this more and probably bring them in and ask some questions.” CLICK HERE to read Chair Rodgers’ January 11th statement on President Biden’s plan to ban gas stoves. CLICK HERE to read House Republicans’ January 13th letter to President Biden. CLICK HERE to read Chair Rodgers’ January 13th letter to U.S. Consumer Product Safety Commission Chairman Alexander Hoehn-Saric.

Last year, more than 100,000 individuals died from drug overdoses with 71,000 lives lost due to overdoses caused by fentanyl or its analogues. Many of the transactions of this dangerous drug have been facilitated online. In response to recent reports of Uber Connect being used to deliver drugs, House Energy and Commerce Committee Republican leaders sent letters questioning peer-to-peer (P2P) delivery services on what actions they’re taking to prevent their services from being used for transporting illegal drugs, including illicit fentanyl.  In the letters, led by Energy and Commerce Committee Republican Leader Cathy McMorris Rodgers (R-WA), Subcommittee on Communications and Technology Republican Leader Bob Latta (R-OH), Subcommittee on Health Brett Guthrie (R-KY), Subcommittee on Oversight and Investigations Republican Leader Morgan Griffith (R-VA), and Subcommittee on Consumer Protection and Commerce Republican Leader Gus Bilirakis (R-FL), the members highlight the story of Ann Portillo, who lost her 22-year-old daughter, Alex, to a fentanyl poisoning. Alex received the drugs through Uber Connect.  Letters were sent to the CEOs of Uber, Lyft, Roadie, and Alto.  NBC News reported exclusively on the letters:   NBC— House Republicans sent a letter Thursday to Uber asking the tech company to explain what steps it is taking in response to drivers' complaints that they’re being asked to deliver packages they suspect to be drugs.   The letter from members of the House Energy and Commerce Committee cites reporting from NBC News that described the concerns of drivers as well as the case of a 22-year-old Arizona woman who died from an overdose of fentanyl that her mother said was delivered via Uber Connect, a courier service that the San Francisco-based ride-hailing app started at the beginning of the coronavirus pandemic so that people could send small items across town.   […]   The letter asks Uber to explain what actions the company has taken in response to drivers' complaints about suspected drugs; how the company would work with law enforcement in such a scenario; how many accounts Uber has deactivated as a result of users sending prohibited items; what information Uber collects about packages; and many other questions.   “Just as we have asked social media companies to do their part to curb the sale of drugs on their platforms, Uber must act to ensure Uber Connect is not used to transport untracked shipments of illicit drugs to Americans,” the lawmakers wrote.   The Hill— They said they have supported the development of new technologies and the benefits that the gig economy provides people, but noted that bad actors might take advantage of the service to send harmful products to unaware recipients.   The representatives said that GOP members of the committee previously sent letters to the heads of social media companies on their responsibility to address the spread of fentanyl but that the “crisis” is not just limited to the scope of such companies.   They asked for information including an explanation of the agreement terms for participants of Uber Connect, the number of accounts that have been deactivated after shipping packages with prohibited contents and what information from the sender and recipient Uber Connect gathers.   CLICK HERE to read the full letter to Uber.  CLICK HERE to read the full letter to Lyft.  CLICK HERE to read the full letter to Roadie.  CLICK HERE to read the full letter to Alto. 

Washington, D.C. — House Energy and Commerce Committee Republican Leader Cathy McMorris Rodgers (R-WA), Oversight and Investigation Subcommittee Republican Leader Morgan Griffith (R-VA), Communications and Technology Subcommittee Republican Leader Bob Latta (R-OH), and Consumer Protection and Commerce Subcommittee Republican Leader Gus Bilirakis (R-FL) sent a letter to TikTok this week following reports over how the company has failed to address the sexual exploitation of kids on its platform. Excerpts and highlights from the  exclusive coverage  by Forbes: “‘TikTok has been incapable of rooting out the spate of TikTok accounts that are trading illegal child sexual content,’ four House lawmakers wrote Wednesday to TikTok’s chief, citing a November Forbes investigation that revealed how illicit private handles on the platform are hiding child abuse material in plain sight—posted using a setting that makes it visible only to the person logged in. “‘Equally troubling are the livestreams your company hosts that allow adult TikTok users to monetarily persuade children to perform sexually suggestive acts,’ the letter continued, citing a separate Forbes investigation, from April, into how adults use TikTok Live to exploit underage girls—by paying them to engage in provocative, potentially illegal behavior. “‘Considering that about half of all U.S. children use TikTok every day, our concerns enumerated above are paramount. … Therefore, we ask you [to] provide the Committee with a briefing as soon as possible, but no later than December 21,’ the memo concluded. It was led by Rep. Cathy McMorris Rodgers of Washington, the top Republican on the powerful Energy and Commerce Committee who, along with her counterpart on House Oversight, opened an investigation into TikTok in July over China’s ability to access U.S. user data. Reps. Gus Bilirakis of Florida, Morgan Griffith of Virginia and Bob Latta of Ohio also signed onto the letter fired off Wednesday and shared exclusively with Forbes.” CLICK HERE  to read the full Forbes story. CLICK HERE  to read the full letter to TikTok.