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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. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) today announced a subcommittee hearing titled “Examining How Improper Payments Cost Taxpayers Billions and Weaken Medicare and Medicaid." “Millions of Americans rely on Medicare and Medicaid for essential health care services. Despite the importance of these programs, both have been plagued by improper payments. In fiscal year 2023 alone, such improper payments cost Medicare $51.1 billion and Medicaid $50.3 billion,” said Chairs Rodgers and Griffith. “CMS’s fiscal responsibilities to the taxpayers are not only to correct these payment inaccuracies but also to proactively protect against waste, fraud, and abuse. This hearing will provide Members an opportunity to discuss solutions to strengthen the oversight of these programs, curtail improper payments, and ensure the most efficient use of limited resources to benefit those the programs exist to serve.”  Subcommittee on Oversight and Investigations hearing titled “Examining How Improper Payments Cost Taxpayers Billions and Weaken Medicare and Medicaid."   WHAT: A subcommittee hearing to discuss the impacts of improper payments in the Medicare and Medicaid programs.    DATE: Tuesday, April 16, 2024  TIME: 10:30 AM ET  LOCATION: 2322 Rayburn House Office Building  WITNESSES: Witnesses will be announced and are by invitation only.  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 Lauren Kennedy with the Committee staff at Lauren.Kennedy@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov . 

Washington, D.C. — 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, & Critical Materials Chair Buddy Carter (R-GA) wrote to Environmental Protection Agency (EPA) Administrator Michael Regan regarding the agency’s Clean School Bus Program. KEY EXCERPT:   “Alarming information about this program continues to emerge. In particular, the EPA’s Office of the Inspector General (OIG) has flagged serious shortcomings in the program that create significant vulnerabilities to waste, fraud, and abuse. The EPA’s own reporting on the program reveals that numerous award recipients encountered difficulty utilizing the funding they were awarded. Additionally, the EPA continues to administer the program in a manner that favors the use of electric school buses over other types of buses that are eligible for funding under the program.”  CHALLENGES TO IMPLEMENT:   Of almost 400 selectees under the 2022 Clean School Bus Rebate program 46 selectees withdrew from the program.  The most common reasons provided for withdrawal were school boards voting against the projects for reasons including difficulties coordinating with electric utilities, potentially lengthy and costly electric infrastructure upgrades required to install electric vehicle supply equipment, and hesitancy about maintenance and range issues associated with electric buses.  The OIG concluded in a December 2023 audit that “the agency may be unable to effectively manage and achieve the program mission unless local utility companies can meet increasing power and supply demands for electric buses.”  The OIG noted that establishing charging stations and connecting them to power lines could take approximately twelve to twenty-four months.   Stakeholders reported that infrastructure to support 25 buses or more demands a more complex electrical setup, which can take a year to construct.  POTENTIAL FOR WASTE, FRAUD, AND ABUSE:   In December 2023, the OIG issued a Management Implication Report that highlighted serious problems with the Clean School Bus Program.   The OIG “identified concerns regarding the EPA’s lack of robust verification mechanisms within the Clean School Bus rebate and grant application process, which led to third parties submitting applications on behalf of unwitting school districts, applicants not being forthright or transparent, entities self-certifying applications without having corroborating supporting documentation, and entities being awarded funds and violating program requirements.”  The OIG further stated, “Our initial investigation of its protocols found that the Clean School Bus Program is rife with potentially inaccurate information” and that “the EPA uses few mechanisms to verify the accuracy of application contents and relies on the applicant’s self-certification of all aspects of the application,” including the applicant’s eligibility for the program, satisfaction of vehicle-use requirements, and the identity of the school district the replacement buses funded by the program will serve.  The OIG also found that an administrative entity with zero students was selected to receive a rebate, despite it seeking funding for buses that were ineligible for the program.   Some recipients selected to receive rebates under the 2022 Clean School Bus Rebate program later declined the funding.   These withdrawals accounted for $38 million of awards, which the OIG stated lengthened program timetables and created confusion.  EPA PICKING WINNERS AND LOSERS:   The Infrastructure Investment and Jobs Act (IIJA) directed the EPA to award grants, rebates, and contracts to replace existing school buses with both zero-emission buses and clean school buses.  The IIJA defines clean school buses as school buses that reduce emissions and operate partly or entirely using an alternative fuel, or zero-emission buses.   The Committee has previously voiced concerns about the EPA's bias towards electric buses while ignoring the benefits of other clean school buses, concerns that persist today.   According to information provided by the agency, “As of January 2024, the EPA has awarded approximately $1.84 billion to fund 5,103 clean school buses—96 percent of which are electric—and related charging infrastructure at 642 school districts in most states and territories, and at schools operated by federally recognized Tribes.”   Under the 2023 Clean School Bus Rebates program, the EPA continues to offer maximum awards for fully electric school buses that are several times larger than the maximum award amount for other types of clean school buses.  Additionally, under the Clean School Bus program, the EPA continues to fund charging infrastructure for electric vehicles but not propane or compressed natural gas fueling infrastructure.  Under the 2022 Clean School Bus Rebate program, the maximum bus funding amount for a class 7+ zero-emission bus was $375,000, and the maximum amount for a propane class 7+ propane bus was $30,000.  The EPA reported, “The majority of awarded electric school buses cost at or near $375,000, while many awarded propane buses cost around $150,000.”  In other words, the maximum rebate amount seemingly covered the entire cost of an electric bus but covered only a fraction of a propane bus.  CLICK HERE to read the letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement regarding the Biden administration’s announcement of fund recipients of two Greenhouse Gas Reduction Fund (GGRF) competitions: “This administration continues to prioritize its radical rush-to-green agenda over the needs of the American people. The Biden EPA is giving away $20 billion in taxpayer funding to leftwing special interests and other groups but has yet to explain how it will prevent those funds from further enriching China, which dominates the supply chains for renewables and electric vehicles. The Senate should immediately consider our legislation to repeal the green slush fund and work to strengthen our nation’s energy independence.”  NOTE :  The House passed H.R. 1023, led by Rep. Gary Palmer (R-AL), to repeal the GGRF by a bipartisan vote in March.  In January, the Committee’s Oversight and Investigations Subcommittee convened a hearing to explore how the Environmental Protection Agency (EPA) was planning to administer GGRF funds to avoid waste, fraud, and abuse.  Last fall, Committee Leaders wrote to Environmental Protection Agency Administrator Michael Regan outlining concerns with the GGRG, including:  Possible conflicts of interest with funding recipients    How the speed at which $27 billion in grants must be awarded opens the door to waste, fraud, and abuse Challenges of achieving the program’s implementation and goals given China’s control over solar market  READ :  Fighting to Avoid the Next Big Government Boondoggle   Eliminating the Slush Fund for Biden’s Radical Rush-to-Green Agenda

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), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Republicans, wrote to Government Accountability Office Comptroller General Gene Dodaro. KEY QUOTE :  “We write to request that the Government Accountability Office (GAO) examine the extent to which the National Institutes of Health (NIH) adequately safeguards research funds from national security concerns related to the Chinese military or over the unethical use of human beings in research studies, especially from entities of concern in China.”   The Chairs have particular concerns about NIH funding that is tied to:  Researchers with affiliations with the “Seven Sons of National Defense,” a group of seven universities with historical ties with China’s military defense industry.  Questionable Chinese research entities, including BGI—a firm based in Shenzhen picked by the Chinese government to build and operate the China National GeneBank.  The unethical use of Chinese ethnic minority data in research studies, including that from Tibetan or Uyghur populations.  BACKGROUND :  Recent reports have raised concerns about the NIH’s ability to screen for national security issues.   A six-month investigation by Vanity Fair found that for a decade, warnings were issued by the Department of Energy to the NIH concerning the risk that U.S.-funded biology research could be misused by overseas partners.   Recent reports from the U.S. Department of Health and Human Services Office of the Inspector General and GAO have noted NIH safeguarding problems regarding foreign grant recipients.   Recently, a student from China who was headed to the National Cancer Institute was repatriated at Dulles Airport after interrogation from Department of Homeland Security officials about ties to the Chinese government, Chinese military, or state laboratories.  Concerns about the NIH’s ability to vet foreign collaborators have also arisen from the Committee’s investigation of the origins of the COVID-19 pandemic.  CLICK HERE to read the full letter.

Washington, D.C. — This past January, House Energy and Commerce Committee Republicans revealed the earliest known SARS-CoV-2 sequence released outside of China, calling in to question China’s transparency . In a new letter , 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) have requested National Institutes of Health (NIH) Director Monica Bertagnolli provide the files of all SARS-CoV-2 submissions to GenBank prior to January 10, 2020. Any such data would better inform the Committee’s ongoing investigation into the origins of COVID-19. KEY LETTER EXCERPT :  “We were dismayed to learn that the NIH had received eight pages of genetic code and a nearly complete version of the genetic sequence for SARS-CoV-2, almost two weeks before the sequence was made public. However, the NIH apparently had no situational awareness in early January 2020 about this genetic code while high-level officials in our government were attempting to get the sequence, including directly from the Chinese government.  “The circumstances suggest the possibility that there may be other early versions of the SARS CoV-2 sequence that were submitted to the National Center for Biotechnology Information (NCBI’s) Genbank but were not posted. Since such potential submissions could provide clues about the timing of the pandemic and how SARS CoV-2 was evolving at the beginning of the pandemic, there is a strong public interest to conduct further due diligence to check GenBank for such submissions.”  BACKGROUND :  January 17, 2024 : E&C Investigation Uncovers Earliest Known SARS-CoV-2 Sequence Released Outside of China  September 28, 2023 : E&C Republicans Signal Intent to Issue Subpoenas as Biden Admin Stonewalls Crucial Investigations into Government Health Agency Actions  August 9, 2023 : E&C Presses Unresponsive NIH for Answers about COVID Origins and Risky Research Projects  May 3, 2023 : E&C Republicans Seek Data and Documents from NIH on Early COVID Cases

Washington, D.C. — The House Energy and Commerce Committee is continuing its oversight of the deadly Maui fires that happened in August 2023. In a new letter to Hawaiian Electric CEO Shelee Kimura, Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), and Subcommittee on Energy, Climate, and Grid Security Chair Jeff Duncan (R-SC) have asked for clarification on testimony and documents provided to the Committee. KEY LETTER EXCERPT : “We appreciate your testimony before the Committee on Energy and Commerce at our September 28, 2023, hearing titled, 'Investigating the Role of Electric Infrastructure in the Catastrophic Maui Wildfires' and for your cooperation in supplying additional information in response to our October 13, 2023, additional questions for the hearing record (QFRs). We continue to keep the people of Maui in our thoughts as recovery efforts continue.   “As we continue our investigation, questions persist both about the events on the days the wildfires occurred (August 7 and 8, 2023) and about Hawaiian Electric Company and its subsidiaries’ (collectively, HECO) 'Wildfire Mitigation Plan' (WMP). For example, in HECO’s October 27, 2023, response to the Committee’s QFRs, you described the weather updates that HECO received on the dates of the wildfires. However, you also stated that HECO 'did not learn until after the windstorm had passed that the winds had been higher than forecast.'  “Additionally, we continue to have questions about the WMP and the timeline of its creation and development. HECO stated that it began developing the WMP in 2019 and finalized it in 2023. However, the Hawaii Public Utility Commission revealed it had not seen the document prior to the fires and only learned of its existence when HECO referenced it in HECO’s September 19, 2023, response to the Committee’s August 30, 2023, letter requesting more information about HECO’s wildfire mitigation measures.  “As fires involving electrical equipment continue to threaten lives, property, and energy reliability, the Committee has a responsibility to understand how these disasters unfold and how they can be prevented, so we can utilize this knowledge and findings in developing and overseeing the implementation of our national energy infrastructure policies.”  The Chairs have requested a response to their additional questions by April 3, 2024.  CLICK HERE to read the full letter.  TIMELINE OF INVESTIGATION:   August 30, 2023 : E&C Republican Leaders Open Investigation into Hawaiian Electric Following Deadly Maui Fires  September 14, 2023 : Chair Rodgers and Griffith Announce Oversight Hearing on Maui Fires, Invite Utilities and State Energy Officials to Appear  September 28, 2023 : Energy and Commerce Committee Oversight Subcommittee Hosts Hearing on Maui Fires  October 18, 2023 : Oversight and Investigations Subcommittee Chair Griffith Presses Maui Officials for Additional Information Following Oversight Hearing on Catastrophic Fires 

Washington D.C. — House Energy and Commerce Oversight and Investigations Subcommittee Chair Morgan Griffith (R-VA) delivered the following opening remarks at today’s subcommittee hearing  on ensuring athletes in our communities are healthy and safe from emotional, physical, and sexual abuse. “As you all know, this Subcommittee had originally planned to hold this hearing last October. I am grateful we were able to reschedule this important hearing and appreciate the witnesses returning and thank them for their flexibility and understanding. “Organized athletics, especially for our children, is invaluable to the culture of our country. Sport is instrumental in helping to teach young people the values of teamwork and self-esteem.  “From soccer to football, tennis to badminton, lacrosse and swimming, over 60 million children participate in youth sports leagues.  “Some children start their athletic journey before they go to kindergarten. They pour their hearts and souls into it, dedicating countless hours in the pursuit of mastering their chosen sport.  “A young athlete hoping to excel at the highest levels as part of the modern Olympic Movement may have to put in the same training hours a week as the average American does at work.  “It is because of these fierce competitors and the extensive network of youth leagues that the United States proudly claims the most Olympic medals at over 3,100. 1,100 more than the Germans, who comes in a distant second, with 2,000 medals. ENSURING A SAFE ENVIRONMENT   “With this tremendous sport success our country enjoys, we owe it to the athletes to ensure that they can compete in a safe, and abuse-free, environment. “Unfortunately, this is not necessarily the case. As a Member of this Subcommittee in 2018, I remember listening to testimony about the tragic and horrific episodes of sexual abuse documented at USA Gymnastics. This repugnant occurrence was perhaps the worst case of athletic abuse ever seen in the U.S. Olympic and Paralympic Movement.  “Congress came together following that incident to charter the U.S. Center for SafeSport to ensure those abhorrent events never happen again. “The Center is a 501(c)(3) nonprofit responsible for investigating and resolving abuse and misconduct reports in sports leagues affiliated with U.S. Olympic and Paralympic Committee. “Currently, SafeSport covers about 11 million individuals. “The Center has a tall order, but it is critical that we have a functioning, transparent and effective organization that seriously takes on its mission to protect athletes from abuse.  IMPROVING SAFESPORT “SafeSport has a challenging role to play in protecting children against abuse. Like any new organization, it will need to grow and rectify any mistakes that occur. “As SafeSport learns and builds up its protocols, it may also need legislative changes. “I am well aware of the criticisms levied against SafeSport, particularly regarding its lack of transparency. “Just a few weeks ago the Commission on the State of U.S. Olympics and Paralympics, tasked by Congress to find areas to improve the Olympic movement, stated SafeSport made ‘a decision not to furnish us with requested financial documents detailing spending, as well as those covering certain safety policies, reflect a lack of transparency built into the structure of the current system, one that hinders the movement’s accountability to Congress.’ “I am also concerned about reports my office has received regarding youth sports leagues disaffiliating from their National Governing Bodies to avoid coach training and background check requirements imposed by SafeSport. “This is very troubling given that SafeSport was created to protect athletes from abuse and instead it may be inadvertently driving athletes into more opaque leagues that lack the reporting and training requirements of SafeSport. “The Commission interviewed National Governing Body participants who told them 'a coach can move to unsanctioned competitions, still be participating in the sport basically every single day.' “One person even told the Commission ‘the two biggest offenders that I know of are still coaching. Nothing’s ever happened to them.’ “We must find a way to close these loopholes. “This oversight hearing is a great bipartisan opportunity to check in with SafeSport and some of the National Governing Bodies regarding how well SafeSport is functioning and how overall athlete safety can be improved. “Everyone in this room is in agreement-- the physical and mental health of our youth athletes is paramount. We owe them that.”