Welcome to the Committee on Energy and Commerce.

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Communications and Technology Subcommittee Chair Bob Latta (R-OH) announced a hearing titled “Perspectives from the Fields: The State of Rural Broadband in America.”  “Fast, reliable internet has become a vital part of people’s every day lives. From education and accessing health care to cutting edge agriculture technology that is helping feed the world, more and more of these activities are utilizing the internet, making connectivity foundational to success. It continues to be our mission to ensure that every community across the country can access broadband, especially in rural areas,” said Chairs Rodgers and Latta. “We are looking forward to hearing from community leaders in Bakersfield, California, about how we can secure meaningful connectivity for every American and close the digital divide.” Communications and Technology Subcommittee hearing titled “Perspectives from the Fields: The State of Rural Broadband in America.”   WHAT: A subcommittee hearing to discuss rural broadband in America. DATE: Friday, May 10, 2024 TIME: 10:00 AM PT (1:00 PM ET) LOCATION: 1001 Truxtun Avenue, Bakersfield, CA 93301 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 Noah Jackson at Noah.Jackson@mail.house.gov . If you have any press-related questions, please contact Sean Kelly at Sean.Kelly@mail.house.gov . 

Americans deserve to have their sensitive health information protected. Energy and Commerce Republicans have been actively working since the February 21st cyberattack on Change Healthcare to understand how it happened, how it can be prevented in the future, and how to help Americans continue to access care.  THE PROBLEM Change Healthcare is one of the largest health payment processing companies in the world. It acts as a clearing house for 15 billion medical claims each year—accounting for nearly 40 percent of all claims. The cyberattack that occurred in February knocked Change Healthcare—a subsidiary of the behemoth global health company UnitedHealth—offline, which created a backlog of unpaid claims. This has left doctors’ offices and hospitals with serious cashflow problems—threatening patients’ access to care. It has since come to light that millions of Americans may have had their sensitive health information leaked onto the dark web, despite UnitedHealth paying a ransom to the cyber attackers. E&C ACTION From the outset, Members on Energy and Commerce have been working with the administration and Change Healthcare to help providers—particularly smaller and rural practices—maneuver through the new, complicated process of getting reimbursed, so they could keep their doors open and focus on caring for patients. Energy and Commerce Republicans were briefed by the Administration for Strategic Preparedness and Response, the Centers for Medicare and Medicaid Services, and Change Healthcare in the weeks following the attack. Following the briefings, bipartisan Energy and Commerce leaders wrote to UnitedHealth seeking answers about the attack. The Subcommittee on Health convened a hearing on May 17th to explore cybersecurity vulnerabilities in the health care sector and discuss possible solutions to address them. This week, the Oversight and Investigations Subcommittee called UnitedHealth CEO Sir Andrew Witty to explain to the American people what happened in the lead up to and during the attack, how the company is responding, and how it plans to prevent such an attack from happening again. WHAT WE LEARNED 1. The attack occurred because UnitedHealth wasn’t using multifactor authentication [MFA], which is an industry standard practice, to secure one of their most critical systems.  Mr. Witty:   We're continuing to investigate as to exactly why MFA was not on that particular service. It clearly was not. I can tell you I'm as frustrated as you are about having discovered that and as we've gone back and figured out how this situation occurred.    Change Healthcare came into the organization toward the end of 2022 after the timing of the declarations you just described.    Change Healthcare was a relatively older company with older technologies, which we had been working to upgrade since the acquisition. For some reason, which we continue to investigate, this particular server did not have MFA on it.   2. It’s estimated that a third of Americans had their sensitive health information leaked to the dark web as a result of the attack.  Oversight Subcommittee Chair Morgan Griffith: "Substantial proportion of the American population." What does that mean? How much are we talking? 20 percent? We talking 50 percent? We're talking 70? Tell us.   Mt. Witty:   Chairman, we continue to investigate the amount of data involved here. We do think it's going to be substantial. Because we haven't completed the process, I'm hesitant to be overly precise on that and and be wrong in the future. I wouldn't like to mislead anybody in that regard.   Chair Griffith:   Well, and I wouldn't want you to mislead us either. But when you say "substantially," at least give me some kind of a range. You can be on the bottom to high. I don't mind giving you a range. Are we talking 20 to 50?   Mr. Witty:   I think maybe a third or somewhere of that level.   3. This might not be the end of the leaks. Despite UnitedHealth paying a ransom to the criminals, it cannot guarantee that more of Americans’ sensitive information will not be leaked.  Chair Cathy McMorris Rodgers:   How were the hackers communicating with UnitedHealth to get the ransom? Did you communicate ever directly with the hackers?   Mt. Witty:   I did not. No. Chair Rodgers:   How much did you pay in ransom? And how was it paid it? In dollars? Bitcoin or other cryptocurrency?   Mr. Witty:   $22 million in Bitcoin.  Chair Rodgers:   What was the date that you paid the ransom?   Mr. Witty:   I'm sorry. I don't have that to mind. But I can certainly get back to you with that.   Chair Rodgers:   Can you affirmatively say that the hackers you paid did not make copies of protected or personal data and then, at a later date, uphold it onto the internet or the dark web.   Mr. Witty:   I cannot affirmatively say that. No. 4. UnitedHealth has resources to help individuals and providers.  Dr. Burgess:   Is there a generally available website or telephone number that a practice can call right now, if they're continuing to have a problem?  Mr. Witty: Yes. And thank you very much for the question. So [ https://support.changehealthcare.com/ ] is the best website for anybody to access, whether it being a provider or an individual.    But, also I would very much like to note the 1-800 number that's available for individuals to call if they have any questions at all about data or anything like that.    So, it's 1 (866) 262-5342. That service line is available and makes available very quickly is a very simple process. If anybody wants things like credit protection, identity theft protection, those services are all available to be enrolled on just through a simple phone call.   CLICK HERE to watch the full hearing. Check out some of the news coverage from the hearing: UnitedHealth’s handling of the situation will probably be “a case study in crisis mismanagement for decades to come,” said Rep. Cathy McMorris Rodgers (R-Wash.), chair of the House Energy and Commerce Committee.  Witty fielded heated questions from Senators on the House Energy and Commerce Committee about the company's failure to prevent the breach and contain its fallout.  Pressed for details on the data compromised, Witty said "maybe a third" of Americans' protected health information and personally identifiable information was stolen.  Members of the House Energy and Commerce Committee asked Witty why the nation's largest health care insurer did not have the basic cybersecurity safeguard in place before the attack. "Change Healthcare was a relatively older company with older technologies, which we had been working to upgrade since the acquisition," Witty said. "But for some reason, which we continue to investigate, this particular server did not have MFA on it."  Rep. Gary Palmer (R., Ala.), in an afternoon hearing held by the House Energy and Commerce Committee’s subcommittee on Oversight and Investigations, pressed Witty on how many government employees with security clearance were included in the breach. That kind of theft would be a national-security risk, he said.  Still, Rep. Earl L. “Buddy” Carter, R-Ga., railed against the company’s use of vertical integration, in which it has acquired physician practices, pharmacy benefit managers and other players in the health care system. “Let me assure you that I’m going to continue to work to bust this up,” Carter said.“This vertical integration that exists in health care in general has got to end.”  Several members also took the opportunity to chide United Healthcare’s use of prior authorization, which Witty said resumed for its Medicare Advantage plans April 15.   The company should “carefully review how that prior authorization” has affected patient outcomes, said Rep. John Joyce, R-Pa. 

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Energy, Climate, and Grid Security Subcommittee hearing titled “The Fiscal Year 2025 Department of Energy Budget.”  “This committee plays a critical role in ensuring U.S. energy security and leadership.  “For decades, America has led the way. “We’ve harnessed the power of nuclear energy, electrified millions of rural American’s homes with clean hydropower, and ushered in the Shale Revolution, creating millions of new jobs and powering economic prosperity.  “America was able to achieve this through free market principles, entrepreneurship, and giving people the opportunity to choose which energy sources best suit their needs.  “Energy and Commerce Republicans have been working to protect and expand this legacy for generations to come.”  FORCING A RADICAL AGENDA   “The Biden administration, on the other hand, is working to dismantle that legacy.  “This administration’s policies continue to put America on a dangerous path that harms our security and gives our adversaries, like China, control over our energy supply chains.  “This administration has consistently sought to prevent or slow development of American oil and gas resources, which are critical to our own energy security as well as the security of our allies.  “DOE has been complicit in this with actions like the effective ban on new LNG exports.  “American LNG has been a lifeline, especially to our European allies, since Russia invaded Ukraine.  “In the aftermath of the invasion, American LNG helped them reduce their natural gas prices by over 83 percent and reduce their dependence on Russia.  “This ban sends a signal to our allies that we’re no longer a dependable energy partner.  “We find this unacceptable.  “Another example is the recent decision to limit energy development in more than half the National Petroleum Reserve in Alaska.  “Doubling down on policies to restrict oil and gas, to retire baseload power generation, and to promote widespread, unaffordable and unreliable electrification is not how we secure our energy future.”  UNAFFORDABLE FOR AMERICANS   “Unfortunately, Americans are feeling the impacts of this radical rush-to-green agenda.  “Since President Biden took office, electricity prices have risen some 30 percent.  “That's almost 50 percent more than overall inflation.  “Unilateral actions like those taken by the administration continue to drive out affordable, reliable baseload generation needed to keep prices low and keep the lights on.  “Grid operators and others have been sounding the alarm for years, warning that the U.S. is on a dangerous and unsustainable path.  “Continuing down this path will mean higher energy prices and more catastrophic blackouts across the country, like what’s already happening in places like California.”  DOE COMPLICIT IN ECONOMIC HARM   “As the head of DOE, it is the Secretary’s responsibility to ensure American energy security and leadership. “Yet this department continues to stand by and watch as EPA imposes requirements that harm our ability to generate reliable power. “Is the Department ceding its energy and grid expertise to the EPA? “EPA policies like their new particulate matter standards will make permitting new manufacturing and industry almost impossible in large regions of the country. “I’d like to understand why DOE thinks we can succeed under these anti-manufacturing, and really anti-American policies which are undermining the very manufacturing programs DOE supports to help restore American leadership in critical energy materials and to reduce reliance on China. “Instead of undermining American energy and economic success, let’s work together to build on our remarkable legacy, which has transformed the human condition, lifted people out of poverty, and raised the standard of living more than any other country in the world. “The best way to do this is with a strong energy mix that takes advantage of the resources we have here at home, lowers costs for Americans, and prevents us from becoming reliant on China. “This administration’s forced transition will leave our economy dangerously dependent on supply chains controlled by China and make energy less affordable and less reliable for Americans. “I believe the Department of Energy serves a critical role in assuring sound energy polices, while also providing the support necessary for innovation to flourish. “That’s the goal today. “I look forward to the Department of Energy stepping up so that we can accomplish that goal.” 

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 .