Welcome to the Committee on Energy and Commerce.

Washington, D.C. –  House Energy and Commerce Committee member Rep. Mariannette Miller-Meeks (R-IA) today released a request for information (RFI) to health care industry stakeholders seeking insight to reform and improve the Centers for Disease Control and Prevention (CDC). “Unfortunately, the COVID-19 pandemic exposed years of consistent failures within the CDC resulting in a lack of trust among Iowans and others across the nation,”  said Representative Miller-Meeks, M.D.  “It’s imperative the CDC can address public health threats, and, as it stands, it’s clear the agency is incapable of doing so. My hope is by engaging in a productive discussion we can work together to rebuild and restore trust in our nation’s preeminent public health agency.” “The CDC has broken the American people’s trust after years of mismanagement, blatant errors, politicization, and sadly even deception. Our committee will continue to do the hard work necessary to achieve much needed reforms at the CDC, including adding crucial guardrails to ensure it returns to its core mission. The CDC needs further congressional direction, and we will need input from a variety of stakeholders and experts. I thank Dr. Miller Meeks for her leadership in this effort and welcome all to submit their feedback,” said House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA). KEY RFI EXCERPT: “ Politics aside, there is a near collective recognition that the CDC failed to execute its primary mission of ‘protect[ing] America from health, safety and security threats’ by ‘conduct[ing] critical science and provid[ing] health information that protects our nation against expensive and dangerous health threats, and respond[ing] when these arise.’ This included numerous core operational failures, as well as total lapses in reliable communication.” [...] “I am seeking specific guidance, feedback, and information from stakeholders in the public and private sectors on how best to reform, improve, and authorize the CDC and its programs to rebuild trust and ensure the agency is nimble in addressing public health threats.” Text of the letter may be found  here . Responses are requested by April 23, 2023, and can be submitted to at  CDC.Reform@mail.house.gov .

Washington, D.C. – House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and U.S. Senate Commerce Committee Ranking Member Sen. Ted Cruz (R-TX) are seeking answers to a decision by the Federal Communications Commission (FCC) that effectively blocks the Standard General-TEGNA transaction. In a  letter  sent today to FCC Chair Jessica Rosenworcel, the lawmakers want to know why the FCC broke Commission rules and precedent in sending the transaction to an Administrative Law Judge for review without a Commission-level vote. Chair Rodgers and Ranking Member Cruz wrote: “On February 24, 2023, Standard General’s plans to acquire TEGNA’s 61 full-power TV stations and two full-power radio stations were thwarted when the FCC’s Media Bureau, purportedly acting under Commission-delegated authority, issued a Hearing Designation Order (“HDO”) that referred the transaction to an Administrative Law Judge (“ALJ”) hearing. In the past 30 years, no broadcast license transfer has gone through the hearing process in less than 358 days (the average time is 799 days). With the deadline for financing of the Standard General-TEGNA deal expiring on May 22, 2023, the Media Bureau’s action effectively kills the transaction. “The Media Bureau’s decision to send the transaction to an ALJ hearing violates Commission rules and precedents in several ways. First, to keep the Commission accountable to Congress and the public, a full Commission vote is required for certain matters, particularly those involving novel issues and/or significant legal or policy consequences. Designating a multi-billion-dollar transaction such as the Standard General-TEGNA transaction for an ALJ hearing is precisely the type of serious decision for which commissioners must take responsibility. The last time the FCC referred a major transaction to an ALJ, the decision was made at the Commission level, and the FCC should not have departed from that precedent. Second, the Media Bureau’s HDO relied on novel interpretations of the Commission’s public interest standard and appeared to ignore—if not contradict—the Commission’s precedent that ‘an increase in retransmission consent rates, by itself’ does not constitute a public interest harm. Third, under Commission precedent, the Media Bureau should have provided the full Commission 48 hours’ notice before issuing the HDO on February 24, 2023. It did not.” Chair Rodgers and Ranking Member Cruz also raised concerns regarding previous reporting suggesting that a former TEGNA bidder’s political connections with influential Democrats may have played a role in the FCC’s decision to stray from precedent, writing: “Given these departures from precedent, it is no surprise that the decision has raised questions about the Commission’s fairness. According to numerous public reports, outside interests pushed Commission officials to block this transaction in order to pave the way for an alternative buyer, namely Byron Allen. For example, the Wall Street Journal reported that Mr. Allen’s Allen Media Group had previously tried, unsuccessfully, to acquire TEGNA in the fall of 2021. Coincidentally, Mr. Allen is a major Democratic donor. In 2021, he donated $2,900 to Nancy Pelosi’s campaign fund, $5,000 to PAC to the Future, $44,000 to the Nancy Pelosi Victory Fund, and $255,500 to the Democratic Congressional Campaign Committee, among others. After the Standard General-TEGNA transaction was announced in 2022, he donated $250,000 to the House Majority PAC and $100,000 to the Senate Majority PAC. Some have observed that the well-connected Mr. Allen is ‘the most likely beneficiary if the Standard General deal falls through.’” In addition, Chair Rodgers and Ranking Member Cruz request the FCC give details about previous Hearing Designation Orders involving similar matters and specifics regarding the FCC’s handling of the Standard General-TEGNA transaction, including whether or not anyone in the chairwoman’s office had any contact with Byron Allen or anyone affiliated with Allen Media Group. 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 Innovation, Data, and Commerce Chair Gus Bilirakis (R-FL), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) today requested a full accounting from Secretary of Commerce Gina Raimondo of funding from the CHIPS and Science Act.  The letter follows an Oversight and Investigations Subcommittee hearing at which the Department of Commerce Inspector General Peggy Gustafon provided the following testimony :  "The increased funding may also increase the volume and complexity of financial transactions, thus making it more difficult to detect and prevent payment errors, fraud, waste, and abuse. The increase in funding may require additional monitoring and reporting to ensure project recipients comply with statutes, achieve intended outcomes, and use funds efficiently. Finally, the increased funding may introduce new or emerging risks that must be identified and addressed in a timely fashion." KEY COMMITTEE LETTER EXCERPT:   “Over the past two years, under one-party Democratic rule, Congress and the Biden administration have spent trillions of dollars across the federal government. Beginning with the American Rescue Plan Act and most recently with the so-called Inflation Reduction Act, Democrats have funneled an excessive amount of taxpayer dollars to advance their radical, progressive agenda and to benefit their political allies. The CHIPS and Science Act granted the Department of Commerce (the Department) control of $50 billion to spend on semiconductor activities, including $39 billion in manufacturing incentives. The American people deserve a full, transparent, and regular accounting of the funds that have been spent, where the funds have gone and for what purpose, who has benefited, and how much remains." The Chairs requested monthly reports beginning on no later than April 18, 2023.  CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Innovation, Data, and Commerce Chair Gus Bilirakis (R-FL), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) today requested a full accounting from Secretary of Commerce Gina Raimondo of funding from the CHIPS and Science Act.  The letter follows an Oversight and Investigations Subcommittee hearing at which the Department of Commerce Inspector General Peggy Gustafon provided the following testimony :  "The increased funding may also increase the volume and complexity of financial transactions, thus making it more difficult to detect and prevent payment errors, fraud, waste, and abuse. The increase in funding may require additional monitoring and reporting to ensure project recipients comply with statutes, achieve intended outcomes, and use funds efficiently. Finally, the increased funding may introduce new or emerging risks that must be identified and addressed in a timely fashion." KEY COMMITTEE LETTER EXCERPT:   “Over the past two years, under one-party Democratic rule, Congress and the Biden administration have spent trillions of dollars across the federal government. Beginning with the American Rescue Plan Act and most recently with the so-called Inflation Reduction Act, Democrats have funneled an excessive amount of taxpayer dollars to advance their radical, progressive agenda and to benefit their political allies. The CHIPS and Science Act granted the Department of Commerce (the Department) control of $50 billion to spend on semiconductor activities, including $39 billion in manufacturing incentives. The American people deserve a full, transparent, and regular accounting of the funds that have been spent, where the funds have gone and for what purpose, who has benefited, and how much remains." The Chairs requested monthly reports beginning on no later than April 18, 2023.  CLICK HERE to read the full letter.

Members Provide Notice of Record Preservation Amid NIH’s Stonewalling 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) today sent a letter to Lawrence Tabak, the senior official performing the duties of director at the National Institutes of Health (NIH), regarding details about a supercharged monkeypox experiment planned by an NIH researcher.  The letter follows up on an October 31, 2022, letter , which the NIH has not provided a formal response. It also contains a formal notice to preserve all existing and future records and materials related to the topic.  The project in question involves transferring genes from “clade 1” or Congo Basin clade monkeypox virus (a rare version of monkeypox virus that is 1,000 times more lethal in mice than the version currently circulating in humans) into “clade 2” or West African clade monkeypox virus (the version currently circulating in humans). The clade 1 version of the monkeypox virus is so dangerous that it is classified as a Federal Select Agent. Information about the specific experiments became known when the researcher discussed his plans in a September 2022 Science article on National Institute of Allergy and Infectious Diseases (NIAID) work on monkeypox.  KEY EXCERPT:   “Based on the available information, it appears the project is reasonably anticipated to yield a lab-generated monkeypox virus that is 1,000 times more lethal in mice than the monkeypox virus currently circulating in humans and that transmits as efficiently as the monkeypox virus currently circulating in humans. The risk-benefit ratio indicates potentially serious risks without clear civilian practical applications. Accordingly, this experiment would seem to involve risks reasonably anticipated to create, transfer, or use PPPs resulting from the enhancement of a pathogen’s transmissibility or virulence in humans. Thus, under the circumstances, we are interested in learning whether this experiment was reviewed under the HHS P3CO framework used to review research proposals posing significant biosafety or biosecurity risks.  “Further, human disease associated with clade 2 or West African monkeypox virus infection is less severe and is associated with less than one percent mortality, whereas clade 1 or Congo Basin monkeypox infection has a 10 percent case fatality rate in unvaccinated persons. Because of its significantly greater lethality, clade 1 or Congo Basin clade monkeypox viruses are regulated as select agents by the Federal Select Agents Program. Entities that possess, use, or transfer this agent must comply with the HHS Select Agent and Toxin Regulations unless there is an applicable exemption or exclusion. Thus, under these regulations, it would appear the clade 1 monkeypox virus experiment is a restricted experiment that must be reviewed by the Federal Select Agent Program, and may be further reviewed by the Centers for Disease Control and Prevention‘s (CDC’s) Intragovernmental Select Agents and Toxins Technical Advisory Committee (ISATTAC).”  In light of these concerns over the adequacy of NIH’s oversight of research posing a significant risk of biosafety and biosecurity risks, and involving a federal select agent, the Chairs requested a formal response by April 13, 2023.  CLICK HERE to read the full letter.

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, and Critical Materials Chair Bill Johnson (R-OH) today sent a letter to Environmental Protection Agency (EPA) Administrator Michael Regan requesting information regarding the agency’s spending plans.   The letter comes ahead of a Subcommittee on Oversight and Investigations hearing titled “Follow the Money: Oversight of President Biden's Massive Spending Spree” where EPA Inspector General Sean O’Donnell is slated to testify.  KEY LETTER EXCERPT:   “According to the EPA [Office of Inspector General] OIG, a heightened risk of fraud accompanies the recent influx of funding. Potential concerns include inexperienced program participants, the large increase in funding, and the push to distribute funding quickly.”  […]  “EPA has already emphasized its desire to ensure it spends all of its appropriated funding expeditiously. In an informational video posted on its website, an EPA representative stated, 'we have to spend all three billion dollars of the IRA funding for environment and climate justice by September 30th of 2026, that is less than four years from today, every dollar has got to be out the door from EPA or it disappears, and it goes back to the Treasury.' However, attempts to spend money quickly can exacerbate challenges accompanying the financial awards process. For example, GAO examined lessons learned from grant management of American Recovery and Reinvestment Act of 2009 funding and noted that President Obama’s push to spend funds quickly created a 'large spike in spending' for some agencies, and that this law required an accelerated rollout of funding. As a result, GAO concluded that some federal agencies encountered oversight challenges.  “Finally, EPA announced in September 2022 that it would establish the new Office of Environmental Justice and External Civil Rights, which will administer this program. The EPA OIG noted in its annual report on upcoming management challenges that increased resources for this new office could produce challenges for workforce planning, execution, and business operations." In order to assist with oversight of EPA’s implementation of its programs and stewardship of taxpayer dollars, the Chairs have requested the following information as well as answers to the following questions no later than April 11, 2023:  1. In the RFA, EPA states, “The EPA provides extensive guidance to pass-through entities in the EPA Subaward Policy and related materials available on the EPA website.”20 Please describe and list all policies, procedures, and guidance documents EPA will provide to Grantmakers, including any specific to this program, and provide a copy of each.  2. Given EPA’s goal of removing barriers to participation in its programming, how will EPA prepare Grantmakers to assist subrecipients who have little or no experience with federal agencies or federal awards?  3. The RFA states that applicants shall submit “participatory governance framework” that, among other things, “describe controls for ensuring that representatives of community-based nonprofit organizations involved in the design and decision-making for the subgrants program do not have relationships with organizations competing for subgrants or receiving noncompetitive funding that create actual or apparent conflicts interest.” Will EPA impose any minimum standards for these controls? If so, please describe them.   Please describe and list all policies, procedures, and guidance documents, that EPA will provide to Grantmakers regarding conflicts of interest policies, and provide a copy of each.   4. EPA provided some very general lists of examples of eligible projects and stated that eligible activities are described in section 138(b)(2) of the Clean Air Act.  Please describe and list all policies, procedures, and guidance documents EPA will utilize or provide to Grantmakers to determine which activities or projects are eligible for funding under this program and provide a copy of each.  How does EPA plan to ensure that none of the funding is utilized for ineligible activities, such as lobbying? Please describe and list all policies, procedures, and guidance documents that EPA will provide to Grantmakers or utilize to monitor compliance with these requirements, and provide a copy of each.  5. Which employees or contractors at EPA will be responsible for administering this program? Please provide their names, job titles, and program office.   CLICK HERE to read the letter.