News

Washington, D.C. — In a new letter, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), House Foreign Affairs Committee Chair Michael McCaul (R-TX), Senate Foreign Relations Committee Ranking Member Jim Risch (R-ID), and Senate Environment and Public Works Committee Ranking Member Shelley Moore Capito (R-WV) are pressing Secretary of State Antony Blinken to clarify the leadership structure of the Biden administration as it sets climate policy on the international stage.  BACKGROUND :  In January 2024, the White House announced that Secretary John Kerry would be leaving the Special Presidential Envoy for Climate (SPEC) role and that John Podesta would “continue to lead […] global climate efforts” by assuming the role of Senior Advisor to the President for International Climate Policy  Rather than nominate Mr. Podesta to the SPEC role, which would require confirmation with the advice and consent of the Senate under legislation signed into law in 2021, President Biden appointed Mr. Podesta to a new position based in the White House that appears to have striking similarities to the SPEC role previously held by Secretary Kerry.  As the Republican leaders of the House Energy and Commerce Committee and the Senate Environment and Public Works Committee described in a March 5, 2024, letter to President Biden, the administration appears to be deliberately evading congressional oversight of its international climate policy by appointing Mr. Podesta to an advisory position in the White House.  The response from the White House Counsel’s office to the Committees stated, “On January 31, 2024, the White House announced President Biden’s appointment of Mr. Podesta to serve as Senior Advisor to the President for International Climate Policy. Mr. Podesta now leads interagency coordination of the Administration’s international climate policy agenda.”  It also stated, “Mr. Podesta’s role is not a replacement for SPEC, and the State Department will continue to lead international climate diplomacy, including negotiations, for the United States.”  Despite the White House’s assertion that Mr. Podesta would coordinate “interagency” efforts, he has met with foreign leaders on at least two occasions since assuming his new position.  KEY EXCERPT :  “Mr. Podesta’s coordination with the SPEC office and international representation of the United States in meetings with foreign leaders to discuss international climate policy appear to far exceed the characterization of Mr. Podesta’s role in the initial response to the Committees as merely leading ‘interagency coordination’ for the administration’s international climate policy.  “In light of this apparent overlap of duties between what Secretary Kerry undertook as the SPEC and what Mr. Podesta is now undertaking as a ‘Senior Advisor,’ we request information on the roles and responsibilities of the SPEC and the Senior Advisor to the President for International Climate Policy, as well as information on ongoing or planned coordination between these two entities.”  CLICK HERE to read the full letter. 

Washington, D.C. — In a new letter to Environmental Protection Agency (EPA) Administrator Michael Reagan, 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 Buddy Carter (R-GA), on behalf of the Oversight and Environment Subcommittee Republicans, are pressing for answers about the recently-awarded Greenhouse Gas Reduction Fund (GGRF) grants.  KEY LETTER EXCERPTS :  “As you know, the Committee has questioned how the Environmental Protection Agency (EPA) planned to distribute the $20 billion available to selected recipients under the new GGRF program, including the $14 billion for the National Clean Investment Fund (NCIF). Specifically, the Committee cited warnings that the EPA could use these large awards to subsidize favored organizations. At a January 30, 2024, Subcommittee on Oversight and Investigations hearing, Committee Chair Cathy McMorris Rodgers highlighted examples of former Biden administration officials and Democratic campaign staff in leadership roles of organizations vying for NCIF funding. Predictably, the EPA’s April 4, 2024, announcement of NCIF recipients confirmed our fears that this program would funnel taxpayer dollars to political allies.” [...] “Other individuals with ties to Democratic politics also lead organizations partnering with these recipients. While the EPA insists it had ethics rules and a fair competition policy in place, doling out billions of dollars to organizations led by politically connected individuals undermines public trust in the legitimacy of the federal financial awards process. It also furthers the concern that this program was created as an excuse to hand out funding to political allies.” The Chairs cited more than a dozen examples of politically connected leaders of organizations to which EPA plans to distribute billions of taxpayer dollars, and have requested a list of all of the nearly two dozen stakeholder meetings the EPA held in designing the program, including the dates, names of the individuals and organizations participating as well as any related minutes or memoranda by May 28, 2024. CLICK HERE to read the full letter. 

Secretary Becerra’s Extreme Legal Position Prioritizes Protecting Substantiated Abusers Over Victims Washington, D.C. — In a new letter , House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), Representative Mariannette Miller-Meeks (R-IA), and Representative August Pfluger (R-TX) asked Department of Health and Human Services (HHS) Secretary Xavier Becerra to provide the Committee with the legal basis requiring HHS to redact or hide the names of researchers determined to have committed sexual misconduct.  The letter comes following Secretary Becerra’s appearance before the Subcommittee on Health during which he claimed he could not release the names of individuals determined to have committed sexual harassment to Congress because of legal prohibitions. The Members requested that Secretary Becerra provide the Committee with the legal basis for HHS’s decision to redact the names of abusers who have substantiated findings of sexual harassment or abuse by April 30, 2024.  CLICK HERE to read the letter.  BACKGROUND :  The Committee first launched an investigation into the National Institutes of Health’s (NIH) handling of sexual harassment at grantee institutions in August 2021.   In October 2023, the Committee expanded its inquiry to include complaints involving NIH scientists.   After NIH’s failure to comply, Chair Rodgers subpoenaed NIH Director Monica Bertagnolli to produce documents in February of 2024.  Later that month, HHS responded on behalf of NIH to offer a rolling in camera document review to the Committee. Documents presented in the review have been highly redacted, including the redaction of the names of individuals convicted of criminal offenses, public news articles about individuals who have been found guilty of harassment, and redaction of the names of the institutions where the abuse occurred—preventing the Committee from understanding if NIH continues to fund work performed by substantiated abusers at other institutions—a practice known as “pass the harasser.”  FULL TIMELINE :  August 10, 2021 : E&C Republican Leaders Question NIH’s Handling of Sexual Harassment Complaints   August 11, 2022 : E&C Republican Leaders follow up with NIH on Insufficient Response to its Letter on the NIH’s handling of Sexual Harassment   November 30, 2022 : E&C Republicans to NIH: Turn Over Previously Requested Information Ahead of New Congress   March 14, 2023 : E&C Republicans Press NIH for Information on Handling of Sexual Harassment Complaints   October 6, 2023 : E&C Republicans Signal Intent to Issue Subpoenas to Obtain Information on NIH’s Handling of Sexual Harassment if Questions Go Unanswered   January 26, 2024 : Chair Rogers notifies NIH of Imminent Subpoecana   February 5, 2024 : Chair Rodgers Subpoenas NIH for Documents Related to Investigation into Sexual Harassment at NIH and NIH Grantee Institutions  February 20, 2024: HHS Responds on behalf of NIH to offer a rolling in camera document review to the Committee. Documents produced in the review have been highly redacted, including the redaction of the names of individuals convicted of criminal offenses, public news articles about individuals who have been found guilty of harassment, and redaction of the names of the institutions where the abuse occurred—effectively preventing the Committee from understanding if NIH continues to fund work performed by substantiated abusers at other institutions—a practice known as “pass the harasser.”  April 16, 2024 : E&C Republicans Expand Investigation into Sexual Harassment at NIH to now Include Review of HHS Office of Civil Rights Compliance Role  WHISTLEBLOWERS:    The Committee is seeking whistleblowers with knowledge of sexual harassment at the NIH or NIH grantee institutions, as well as those with knowledge of how the NIH handles such complaints.   The right for public employees to communicate with Congress, in their private capacities, is established in the First Amendment of the U.S. Constitution. In addition, various U.S. laws prohibit retaliation against whistleblowers for providing information to Congress. However, individuals still take serious risks when they engage in whistleblowing activity.   To better protect your communications, do not contact the Committee using work resources, work contact information, or while you are working . Further, consider consulting an attorney experienced in representing whistleblowers before you make a disclosure.   Do not submit classified information or other information barred from release through this form or by email. Unauthorized handling of classified information could result in criminal prosecution.   The Committee respects your need to remain confidential and will use your contact information only to follow up with you regarding your submission. You may submit a disclosure anonymously. However, please be aware that anonymous disclosures may limit the Committee’s ability to respond to the information that you provide.   Individuals with information about harassment at the NIH may contact the Committee via email at:   ReportNIHAbuse@mail.house.gov    Individuals with information about harassment at institutions that receive NIH grants may contact the Committee via email at:   ReportNIHGranteeAbuse@mail.house.gov    Additional resources can be found HERE . 

Washington, D.C. — In a new letter to the Administration for Strategic Preparedness and Response (ASPR), House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) raise questions about the ASPR’s mismanagement of the Strategic National Stockpile (SNS).  KEY LETTER EXCERPT :  “ The Committee is alarmed by a pattern of fiscal mismanagement and a series of failed acquisitions that have left the SNS dangerously under resourced and likely underprepared to respond to future public health emergencies . Over the last year, ASPR let over $850 million in emergency supplemental funding for the SNS go unused. These funds were eventually rescinded by the Office of Management and Budget (OMB) due to a lack of appropriate planning and urgency by ASPR. This recission occurred despite ASPR regularly expressing concerns to Congress about adequately funding the resupply of the SNS after the COVID-19 pandemic. This Committee responded to ASPR’s concerns by increasing the authorization of SNS funding in its reauthorization of the Pandemic All-Hazards Preparedness Act. Similarly, the Fiscal Year 2024 Labor, Health, and Human Services Appropriation Bill also increased funding for the SNS. As such, the failure to commit funds in a timely and competent manner is particularly frustrating. Moreover, the continued procurement dysfunction at ASPR puts remaining SNS funds, as well as funds for advance research and development, at risk of future recission by OMB .”  BACKGROUND :  Assistant Secretary for Preparedness and Response Dawn O’Connell has made it a primary goal to “restore and maintain the public health emergency capacity that has been severely strained by the pandemic including replenishing the Strategic National Stockpile.”  The SNS plays a critical role in ensuring America is prepared against chemical, biological, radiological, and nuclear threats, as well as pandemics and emerging infectious disease outbreaks.  Despite this apparent prioritization, in 2022, the non-partisan Government Accountability Office (GAO) placed the Department of Health and Human Services (HHS) management of public health emergencies, of which ASPR is a leading sub-agency, on its high-risk list of government programs that “are vulnerable to waste, fraud, abuse, or mismanagement, or in need of transformation.”  In making this determination, the GAO raised concerns about ASPR’s ability to manage the SNS and medical countermeasure contracts.  On May 2, 2024, the GAO published a report outlining ongoing challenges for managing the SNS, noting that public health emergency coordination remains on its “High Risk List.”  The Chairs asked Assistant Secretary for Preparedness and Response Dawn O’Connell for answers to a series of questions related to ASPR’s past and future contracting processes, policies, and decisions to ensure our nation is prepared and ready to respond to health security threats. The Committee requested answers by May 21, 2024.  CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) wrote to NPR CEO Katherine Maher regarding reports of political and ideological bias at the taxpayer-funded public radio organization. In addition to requesting answers to questions, the letter requests Ms. Maher appear before the Oversight and Investigations Subcommittee for a hearing on May 8, 2024. "The Committee has concerns about the direction in which NPR may be headed under past and present leadership. As a taxpayer funded, public radio organization, NPR should focus on fair and objective news reporting that both considers and reflects the views of the larger U.S. population and not just a niche audience," the Chairs wrote.   They continued , "We also find it disconcerting that NPR’s coverage of major news in recent years has been so polarized as to preclude any need to uncover the truth. These have included news stories on matters of national security and importance, such as the Mueller report, the Hunter Biden laptop, and the COVID-19 origins investigation. On each of these issues, NPR has been accused of approaching its news reporting with an extreme left-leaning lens." “In light of the recent, disturbing revelations about National Public Radio (NPR) and its leadership, I’ve directed Chair McMorris Rodgers and the Energy and Commerce Committee to conduct an investigation of NPR and determine what actions should be taken to hold the organization accountable for its ideological bias and contempt for facts. The American people support the free press but will not be made to fund a left-leaning political agenda with taxpayer funds.” said Speaker Mike Johnson (R-LA) regarding the effort. CLICK HERE to read the letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, wrote to National Institutes of Health (NIH) Director Monica Bertagnolli. In the letter, the Chairs ask the NIH to confirm by May 14, 2024, whether the agency has complied with White House guidance to stop funding projects led by researchers and entities in Russia.  BACKGROUND :  On June 11, 2022, the White House Office of Science and Technology Policy (OSTP) issued guidance stating such projects and programs that commenced and/or were funded prior to Russia’s further invasion of Ukraine in February 2022 may be concluded, but new projects in affected subject areas will not be initiated.   The OSTP advised applicable departments and agencies to curtail interaction with the leadership of Russian government-affiliated universities and research institutions, as well as those who have publicly expressed support for the invasion of Ukraine.  In a statement in an April 9, 2023, article in The Washington Times , the NIH’s Office of Extramural Research claimed that “NIH currently does not fund any research in Russia.”  However, the Data Abyss tracker for the OSTP Russia guidance on federal funding agencies indicates that, as of April 5, 2024, the NIH has potentially 240 instances of problematic research collaborations since June 2022 that do not comply with the guidance. CLICK HERE to read the letter.

Letter argues agency lacks legal authority to reinstate burdensome rules that will hurt consumers Washington, D.C. – U.S. House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Senate Commerce Committee Ranking Member Ted Cruz (R-TX) led a bicameral coalition of their committee colleagues in calling on the Federal Communications Commission (FCC) to reverse course and abandon its so-called “net neutrality” draft order—an illegal power grab that would expose the broadband industry to an oppressive regulatory regime under Title II of the Communications Act. The FCC is set to vote on the draft order on Thursday. The members argue that the FCC’s draft order ignores the text of the Communications Act of 1934, which explicitly precludes the FCC from treating broadband as a public utility. Moreover, the Supreme Court’s recent jurisprudence on the major questions doctrine confirms that the only body that can authorize public utility regulation of broadband is Congress. Resurrecting this failed Obama-era policy, which will inevitably be struck down by the courts, is a waste of time and re sources and will punish American consumers by choking off investment, innovation, and competition. In a letter to Chairwoman Jessica Rosenworcel, the members write: “Congress’s decision to treat broadband Internet access as an information service, rather than a telecommunications service, was a deliberate policy choice. Congress recognized that ‘[t]he Internet and other interactive computer services have flourished, to the benefit of all Americans, with a minimum of government regulation,’ and accordingly decreed that it ‘is the policy of the United States... to promote the continued development of the internet and other interactive computer services... [and] to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation.’   “Your proposal to reclassify broadband as a telecommunications service does the exact opposite. It would give the Commission largely unfettered power to impose (and allow states to impose) rate regulation, tariffing requirements, unbundling obligations, entry and exit regulation, and taxation of broadband—the antithesis of leaving broadband ‘unfettered’ by regulation as the law requires. Congress has had many opportunities to give the FCC such power, yet it has never done so in any of its ample legislative enactments regarding broadband over the past two decades. Rather, legislators have repeatedly considered but ultimately rejected efforts to replace the longstanding light-touch framework with common carrier regulation. And for good reason: Title II will inflict significant damage on consumers by chilling investment and innovation.   “Finally, recent jurisprudence from the Supreme Court confirms that the Commission has no power to impose Title II on the broadband industry. As the Commission’s record demonstrates, the question of whether broadband should be subject to public utility regulation is an issue of ‘vast economic and political significance,’ such that the Commission must identify ‘clear authorization from Congress’ to justify such a decision. Our review of the relevant statutory provisions leaves no doubt that, far from possessing the type of ‘clear’ statutory authority required under Supreme Court precedent, the Commission lacks any authority to subject broadband services to common-carrier regulation.” The full list of Senators joining Chair Rodgers and Ranking Member Cruz in sending the letter include: Sens. John Thune (R-S.D.), Roger Wicker (R-Miss.), Deb Fischer (Re-Neb.), Jerry Moran (R-Kan.), Dan Sullivan (R-Alaska), Marsha Blackburn (R-Tenn.), Todd Young (R-Ind.), Ted Budd (R-N.C.), Eric Schmitt (R-Mo.), Shelley Moore Capito (R-W.Va.), and Cynthia Lummis (R-Wyo.). Also signing the letter were Reps. Bob Latta (OH-5), Michael Burgess (TX-26), Brett Guthrie (KY-2), Morgan Griffith (VA-9), Gus Bilirakis (FL-12), Larry Bucshon (IN-8), Richard Hudson (NC-9), Tim Walberg (MI-5), Buddy Carter (GA-1), Jeff Duncan (SC-3), Gary Palmer (AL-6), Neal Dunn (FL-2), John Curtis (UT-3), Debbie Lesko (AZ-8), Greg Pence (IN-6), Dan Crenshaw (TX-2), John Joyce (PA-13), Kelly Armstrong (ND-At-large), Randy Weber (TX-14), Rick Allen (GA-12), Troy Balderson (OH-12), Russ Fulcher (ID-1), August Pfluger (TX-11), Diana Harshbarger (TN-1), Mariannette Miller-Meeks (IA-1), Kat Cammack (FL-3), Jay Obernolte (CA-23), and John James (MI-10). The full text of the letter is available HERE .

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, wrote to Department of Health and Human Services (HHS) Secretary Xavier Becerra.  The letter outlines concerns with the role HHS Office of Civil Rights (OCR) plays—or fails to play—in investigating instances of sexual harassment that occurs at research institutions which receive grants from the National Institutes of Health (NIH).  KEY EXCERPTS :  “There have been several public reports of sexual harassment occurring on NIH-funded research or NIH-supported activities over the last decade, and it raises concerns about what, if any, actions the NIH has taken to resolve these issues. The NIH’s own statistics show a significant problem with more than 300 cases related to sexual or gender harassment since 2018—with about a third of those allegations being substantiated. This also represents hundreds of men and women who may be forced to operate in a hostile or unsafe research environment.”  [...]  “According to the HHS website, OCR does investigate and resolve complaints of sexual harassment in the education and health programs of recipients of grants or other federal financial assistance from HHS—including the NIH. Moreover, HHS OCR is required to conduct periodic compliance reviews of institutional Title IX programs to ensure compliance with the law—including examining the way in which complaints are handled by the institution.”  The Chairs have requested answers to questions about HHS OCR’s role by April 30, 2024.  BACKGROUND :  Based on a recommendation from the U.S. Government Accountability Office (GAO), HHS OCR and the NIH adopted a memorandum of understanding (MOU) to facilitate communication between the two components of HHS as it relates to sexual harassment.   This MOU was intended to clarify procedures on how the enforcement arm of HHS and the grant-making arm share valuable information with one another in an effort to respond appropriately to complaints of sexual harassment and prevent federal grant money from going to those with a history of sexual misconduct.   TIMELINE OF INVESTIGATION :  August 10, 2021 : E&C Republican Leaders Question NIH’s Handling of Sexual Harassment Complaints  August 11, 2022 : E&C Republican Leaders follow up with NIH on Insufficient Response to its Letter on the NIH’s handling of Sexual Harassment  November 30, 2022 : E&C Republicans to NIH: Turn Over Previously Requested Information Ahead of New Congress  March 14, 2023 : E&C Republicans Press NIH for Information on Handling of Sexual Harassment Complaints  October 6, 2023 : E&C Republicans Signal Intent to Issue Subpoenas to Obtain Information on NIH’s Handling of Sexual Harassment if Questions Go Unanswered  January 26, 2024 : Chair Rogers notifies NIH of Imminent Subpoena  February 5, 2024 : Chair Rodgers Subpoenas NIH for Documents Related to Investigation into Sexual Harassment at NIH and NIH Grantee Institutions February 20, 2024: HHS Responds on behalf of NIH to offer a rolling in camera document review to the Committee. Documents produced in the review have been highly redacted, including the redaction of the names of individuals convicted of criminal offenses, public news articles about individuals who have been found guilty of harassment, and redaction of the names of the institutions where the abuse occurred—effectively preventing the Committee from understanding if NIH continues to fund work performed by substantiated abusers at other institutions—a practice known as “pass the harasser.”

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone, Jr., (D-NJ), Subcommittee on Health Chair Brett Guthrie (R-KY) and Ranking Member Anna G. Eshoo (D-CA), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) and Ranking Member Kathy Castor (D-FL) wrote to UnitedHealth Group, Inc., CEO Andrew Witty today seeking information about the cyberattack on Change Healthcare. Change Healthcare, which was acquired by UnitedHealth Group’s Optum subsidiary in 2022, is one of the nation’s largest providers of health care payment management systems. On February 21, UnitedHealth Group reported it had experienced a cyberattack on its platforms, and it had taken all Change Healthcare systems offline to contain the incident. As a result of the outage, critical services affecting patient care—including billing services, claims transmittals, and eligibility verifications—became inoperable. Though UnitedHealth first notified users that it expected the disruption to “last at least through the day,” several of the company’s products have now been inoperable for more than a month. “Change Healthcare is a central player in the country’s health care system, which has been upended by the recent breach,” t he bipartisan Committee leaders wrote to Mr. Witty. “We are interested in your efforts to secure Change Healthcare’s systems since it was acquired by your company and the efforts you are taking to restore system functionality and support patients and providers affected by the attack.” Change Healthcare’s platforms touch an estimated one in three U.S. patient records. Its systems process roughly 15 billion transactions annually, and are linked to approximately 900,000 physicians, 118,000 dentists, 33,000 pharmacies, and 5,500 hospitals nationwide. The breadth of Change Healthcare’s infrastructure all but ensures that the scope of the current disruption, and any disruption in Change Healthcare services, will be extensive. “The health care system is rapidly consolidating at virtually every level, creating fewer redundancies and more vulnerability to the entire system if an entity with significant market share at any level of the system is compromised,” the Committee leaders wrote. “In order to understand better the steps UnitedHealth has taken to address this situation, we request information about the impact of the cyberattack, the actions the company is taking to secure its systems, and the outreach to the health care community in the aftermath.” As a result of the system outage, providers reportedly struggled to make payroll while some patients have been forced to pay out of pocket for crucial medications including cancer therapy drugs and insulin because pharmacies are unable to verify coverage. The Committee leaders requested answers to a series of detailed questions by April 29, 2024. CLICK HERE to read the full letter.