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The Latest

From the Committee

Mar 20, 2023
Letter
Rodgers, Comer Press for Information on Data Breach of Thousands of Medicare Beneficiaries’ Personally Identifiable Information

Washington, D.C. — House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and House Committee on Oversight and Accountability Chairman James Comer (R-KY) today wrote to Centers for Medicare & Medicare Services (CMS) Administrator Chiquita Brooks-LaSure, requesting documents and communications to assist in investigating CMS’s response to a data breach impacting personally identifiable information of approximately 254,000 Medicare beneficiaries. 

“On October 8, 2022, [Healthcare Management Solutions, LLC (HMS)] ‘was subject to a ransomware attack on its corporate network.’ CMS was notified about the data breach a day later, and on October 18, 2022, CMS ‘determined with high confidence that the incident potentially included personally identifiable information and protected health information for some Medicare enrollees.’ However, it was not until December 1, 2022, that CMS made the determination that the data breach constituted a ‘major incident,’ as defined in the Federal Information Security Modernization Act of 2014,” wrote Rodgers and Comer. 

After becoming aware of a major data breach and potential exposure of Medicare beneficiaries’ personal information, it took CMS two months to determine that the data breach constituted a “major incident” as defined in the Federal Information Security Modernization Act. 

“In other words, bad actors had access to Medicare beneficiaries’ information for two months before CMS determined this ransomware attack was a ‘major incident,’ triggering a legal obligation to inform Congress of such incident. [...] The compromised information potentially includes the following personally identifiable information (PII) and protected health information (PHI): name, address, date of birth, phone number, Social Security Number, Medicare beneficiary identifier, banking information, including routing and account numbers, and Medicare entitlement, enrollment, and premium information,” continued Chairs Rodgers and Comer. 

CLICK HERE to read the letter to Administrator Brooks-LaSure. 


More News & Announcements


Mar 20, 2023
Press Release

E&C Republicans Lead on Legislation to Prevent Biden from Banning Gas Stoves Nationwide

Washington, D.C. — House Energy and Commerce Committee Vice Chair Kelly Armstrong (R-ND) and Oversight and Investigations Subcommittee Vice Chair Debbie Lesko (R-AZ) introduced several bills to protect Americans’ rights and prevent the Biden administration bureaucrats from banning natural gas stoves nationwide:  “President Biden and the radical left want to use the federal government’s power to dictate what kind of car you can drive, how you can heat your home and business, and now how you’re allowed to cook food for your family. Forcing people to switch to expensive alternatives will only further increase costs on hardworking families and disproportionately harm the most vulnerable communities. Natural gas is a safe, reliable and affordable energy source for millions of Americans. I commend the efforts of my colleagues Reps. Armstrong and Lesko to end President Biden’s efforts to ban gas stoves in American households and ensure people have access to affordable and reliable energy," said Chair Rodgers   “Inflation is hurting everyone. We have a crisis at our Southern Border. North Dakotans are worried about being able to provide for their families. What is the Biden administration focused on? Controlling the kind of stove Americans use. This is further incompetence from an administration that seems more interested in dictating every aspect of our lives than solving real problems. Our bill makes it clear that Americans should decide if a gas stove is right for their families, not the federal government,” said Congressman Armstrong.   “The Biden Administration’s extreme proposed regulation that will ban nearly every gas stove on the market is just another example of out-of-touch bureaucrats trying to control Americans’ everyday lives,” said Congresswoman Lesko. “I am proud to join Congressman Armstrong in introducing these important bills to protect Americans’ consumer choice and stop this egregious power-grab.”  CLICK HERE to read H.R. 1640, the Save Our Gas Stoves Act.  CLICK HERE to read H.R. 1615, the Gas Stove Protection and Freedom Act. 



Mar 17, 2023
Letter

Chairs Rodgers, Duncan: Vague CEQ Guidance Cannot be an Excuse to Abandon FERC’s Core Mission

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



Mar 17, 2023
Press Release

Health Subcommittee Chair Guthrie Pens Op-Ed in Washington Examiner on Price Transparency

Washington, D.C. — House Energy and Commerce Subcommittee on Health Chair Brett Guthrie (R-KY) published an opinion piece in the Washington Examination ahead of a March 28th hearing where Members will explore how transparency and competition can lower health care costs for Americans.  Key Excerpts Below from the Washington Examiner piece titled “ Empowering patients through price transparency ”: “Our country’s most formidable healthcare challenges are rooted in ever-rising healthcare costs and a lack of basic transparency. Despite our country spending more than $4 trillion a year on healthcare, or about $13,000 per person, patients are not able to make informed decisions about how and where to spend their money as they can in virtually every other industry.”  […]  “Thankfully, there are bipartisan solutions to make healthcare pricing more transparent and the healthcare system easier to navigate for patients. These include the Centers for Medicare and Medicaid Services hospital price transparency rule and the multidepartment transparency in coverage rule, which were initially issued under then-President Donald Trump and continued by the Biden administration. These rules require hospitals to post publicly the prices of hundreds of common procedures on their website in a user-friendly format and require private health plans to disclose information about pricing and what patients are obligated to pay.”  […]  “Price transparency can also provide insight on why the costs of care are rapidly increasing. Exposing prices would help show whether healthcare services are priced correctly and give policymakers a clearer look at the value, or lack thereof, of some of the many steps in the healthcare supply chain.  “At the end of March, the Health Subcommittee will hold a hearing on healthcare affordability to examine these price transparency rules and other policies that promote more choices and drive down the costs of care for patients.  “Congress should also consider solutions to ensure the public and its employers are getting the best possible deal on their prescription drug benefits. We should build on our bipartisan   work to save our healthcare system billions of dollars and make pharmacy benefit managers be more transparent. Shining a light on these middlemen who are making prescriptions more expensive is one important step to bolster competition and allow for affordable new drugs, such as generics and biosimilars, to be made available for patients.”  CLICK HERE to read the full piece. 


Trending Subcommittees

Innovation, Data, and Commerce


11 Updates

Interstate and foreign commerce, including all trade matters within the jurisdiction of the full committee; consumer protection, including privacy matters generally; data security; motor vehicle safety; regulation of commercial practices (the Federal Trade Commission), including sports-related matters; consumer product safety (the Consumer Product Safety Commission); product liability; and regulation of travel, tourism, and time. The Subcommittee’s jurisdiction can be directly traced to Congress’ constitutional authority “to regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes.”


Communications & Technology


12 Updates

Electronic communications, both Interstate and foreign, including voice, video, audio and data, whether transmitted by wire or wirelessly, and whether transmitted by telecommunications, commercial or private mobile service, broadcast, cable, satellite, microwave, or other mode; technology generally; emergency and public safety communications; cybersecurity, privacy, and data security; the Federal Communications Commission, the National Telecommunications and Information Administration, the Office of Emergency Communications in the Department of Homeland Security; and all aspects of the above-referenced jurisdiction related to the Department of Homeland Security.


Energy, Climate, & Grid Security


23 Updates

National Energy Policy, energy infrastructure and security, energy related Agencies and Commissions, all laws, programs, and government activities affecting energy matters. National Energy Policy focuses on fossil energy; renewable energy; nuclear energy; energy conservation, utility issues, including but not limited to interstate energy compacts; energy generation, marketing, reliability, transmission, siting, exploration, production, efficiency, cybersecurity, and ratemaking for all generated power. Energy infrastructure and security focuses on pipelines, the strategic petroleum reserve, nuclear facilities, and cybersecurity for our nation’s grid. Our jurisdiction also includes all aspects of the above-referenced jurisdiction related to the Department of Homeland Security. Agencies and Commissions in our jurisdiction include: The US Department of Energy, the Nuclear Regulatory Commission; and the Federal Energy Regulatory Commission.


Recent Letters


Mar 17, 2023
Letter

Chairs Rodgers, Duncan: Vague CEQ Guidance Cannot be an Excuse to Abandon FERC’s Core Mission

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



Mar 7, 2023
COVID-19

Chairs Rodgers, McCaul Urge Transparency from DOE and Intelligence Community on COVID-19 Origins

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



Rodgers, Duncan to FERC: Stop Prioritizing the Left’s Political Agenda Over Your Core Mission for Reliable Energy

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