Welcome to the Committee on Energy and Commerce.

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Full Committee hearing on protecting Americans’ data and national security from foreign adversaries. “The Chinese Communist Party pose the greatest national security threat to the United States of our time.     “With applications, like TikTok, these countries are able to target, surveil, and manipulate Americans.    “Protecting American’s data and addressing the serious national security threat posed by the CCP have been my top priorities all Congress.     “This Committee and others have been working diligently in a bipartisan manner to deliver solutions to address these critical issues. Today, we take action.  “One year ago this month, the CEO of TikTok testified before this committee to answer for the threat his company poses to America’s national security.   “During the hearing, he was asked several times if ByteDance uses information it collects from TikTok users to spy on Americans.    “His response was, and I quote, 'I wouldn’t describe it as spying.’   “TikTok has repeatedly been caught lying about its connection to ByteDance, as well as the level of access the CCP has to our data, which they are using to weaponize our freedoms against us.   “That ends now.”  SURVEILLING AMERICANS   “TikTok’s access to 170 million American users makes it a valuable propaganda tool for the CCP to exploit and use for nefarious purposes.   “Through this access, the app is able to collect nearly every data point imaginable, from people’s location, to what they search on their devices, who they are connecting with, and other forms of sensitive information.   “The app’s trackers are embedded in sites across the web, so even if someone has never been on TikTok, their personal information is at risk of being collected and abused. “TikTok’s parent company, ByteDance, is currently under investigation by the U.S. Department of Justice for surveilling American journalists.  “That’s just one example—it gets much worse.   “While TikTok may be the most well-known application subject to the CCP, it is certainly not the only one—others, like Lemon8 and Capcut, are also subject to the CCP’s influence through ByteDance.”  FOREIGN ADVERSARY-CONTROLLED APPS   “That is why today, we are discussing legislation that will prevent apps controlled by foreign adversaries from targeting, surveilling, and manipulating the American people.  “I commend members of the Select Committee on the Chinese Communist Party, in particular Chair Mike Gallagher and Ranking Member Raja Krishnamoorthi for their partnership on this legislation to address the immediate threat that Bytedance’s ownership of TikTok poses, and I look forward to quickly advancing this bill to the full House.  “This is a targeted approach to prohibit access to an application owned by a foreign adversary that poses a clear threat to U.S. national security.  “Additionally, we will be discussing legislation to prevent data brokers from sharing Americans’ sensitive information with foreign adversaries and the companies they control. “We know that data brokers sell our sensitive information to the highest bidder.  “I’m appreciative of Ranking Member Pallone bringing this legislation forward, so that we may establish clear prohibitions on the sale of location and health information to our adversaries.    “This is an important step in our continued efforts to establish comprehensive data privacy in order to effectively crack down on abuses of our personal information.  “Companies controlled by a foreign adversary, like the CCP, will never embrace American values, virtues of our society and culture like freedom of speech, human rights, the rule of law, a free press, and others.   “Our adversaries choose to rule through fear and control.  “If given the choice, they will always choose the path for more control, more surveillance, and more manipulation.  “Apps like TikTok, Lemon8, and Capcut are 'spying-by-design'. They have to—it is required by law in China.    “This foreign interference and manipulation is not welcome here.  “The threats posed by TikTok are real, which is why today we will be hearing from the national intelligence community about the threats and how this legislation will neutralize them.”

H.R. 7521 , the Protecting Americans from Foreign Adversary Controlled Applications Act, is bipartisan legislation that will protect Americans by preventing foreign adversaries, such as China, from targeting, surveilling, and manipulating the American people through online applications like TikTok.   Here’s what experts and top voices are saying about the bill:  Speaker of the House of Representatives Mike Johnson: “I support the bill being marked up by the Energy & Commerce committee. It’s an important bipartisan measure to take on China, our largest geopolitical foe, which is actively undermining our economy and security.” Americans for Prosperity Chief Government Affairs Officer Brent Gardner:   “The fact is that we live in a world where Americans’ phones are being weaponized against them by a foreign adversary, and we cannot sit back and let that happen. We would never want the U.S. federal government to have the power to censor, surveil, and manipulate Americans—we absolutely should not permit that abuse of power by the Chinese government through TikTok.”   Heritage Foundation Tech Policy Center Director Kara Frederick:   “The Protecting Americans from Foreign Adversary Controlled Applications Act is a crucial step forward in this fight and will be a powerful tool in our arsenal to put an end to this noxious, CCP-beholden surveillance platform once and for all.” American Free Enterprise Chamber of Commerce "AmFree strongly supports HR 7521 addressing critical risks from TikTok due to CCP control. CCP must divest from TikTok to address national security interests." Heritage Action Executive Vice President Ryan Walker:  “Heritage Action is glad to see members of Congress from both sides of the aisle recognize the very real national security threat of apps controlled by our adversaries like China. TikTok is a dangerous tool used by the CCP to spy on, exploit, and mislead the American people. The Protecting Americans from Foreign Adversary Controlled Applications Act is an important step toward addressing the root problem and getting the CCP out of the pockets of hundreds of millions of Americans.”   Former National Security Advisor Robert C. O’Brien: “National Security officials all agree on one thing: TikTok poses a clear and present threat to America. We cannot allow the Chinese Communist Party, our chief adversary and an organization notoriously devoted to propaganda and censorship, to control the platform that America’s youth overwhelmingly relies on for news. To do so would be akin to allowing Soviet control of several major American newspapers and TV channels during the Cold War. Congress must pass this bill and finish the job the Trump Administration started in 2020: force a sale of TikTok to remove it from CCP control, or prohibit its operation in the United States.” Director of the America First Policy Institute’s China Policy Initiative Adam Savit: “TikTok is a Chinese Communist Party (CCP) controlled app that acts as a data-harvesting weapon disguised as a social media platform. It has become a dominant force in American youth culture, exposing private information to the CCP without the end-user’s knowledge. It would become a potent weapon of information warfare in the event of war with our adversaries. TikTok must be required to divest from its CCP parent company ByteDance to remain in the U.S. This act would neutralize the threat of CCP exploitation while still preserving our cherished freedom of speech.”   America2100 Executive Director Mike Needham:   “China’s fingerprints are all over many of the most pressing challenges facing our country. It is unfathomable we allow a propaganda tool they control to burrow its way deeper and deeper into our society. The House must pass the Protecting Americans from Foreign Adversary Controlled Applications Act immediately.” FCC Commissioner Brendan Carr: “TikTok’s own conduct makes clear that it is beholden to the CCP and presents an unacceptable threat to U.S. national security. I applaud this strong bipartisan bill, which would definitely resolve this threat.” Former Vice President and Advancing American Freedom Founder Mike Pence: “TikTok has been banned on all US government devices because it is a national security threat and acts as the puppet strings of Communist China to push their propaganda on the American people, and it cannot be allowed to continue to operate in our country unchecked. The tensions with Communist China continue to mount and the United States must take the necessary steps to protect our country. This legislation is one of those necessary steps, and Advancing American Freedom urges Congress to move this legislation quickly through the markup process and bring it to the House floor for a vote.” Hudson Institute Senior Fellow Rebeccah Heinrichs: “The CCP’s control of TikTok must come to an abrupt end. In contrast to previous approaches, this bill is narrow and direct. It’s a sniper rifle. It will immediately eliminate the driving force of the app’s toxicity.” Digital Progress Institute President Joel Thayer: “Great to see @HouseCommerce introduce legislation that will keep dangerous apps, like @tiktok_us in its current form, off our devices. It is a positive step to quell the national security concerns raised by these technologies.” Executive Director of the Foundation for American Innovation Zach Graves "Thanks to the hard work of Chairman Gallagher, as well as his colleagues on the Energy and Commerce Committee, Congress is taking a huge step toward stronger protections for the American people from the threats posed by CCP-controlled entities like TikTok. Not only does this effort address the TikTok problem, but it also creates an avenue to address the next TikTok. The House should take up the Protecting Americans from Foreign Adversary Controlled Applications Act posthaste and the Senate should follow quickly behind. To all Members of Congress who have given lip service to countering the China tech threat, now is the time to put your money where your mouth is." Deputy Director of the Consumer Choice Center Yaël Ossowski: “Considering the CCP's unique hold on TikTok and ByteDance, and the data privacy threats to US consumers, a forced divestiture is a balanced and reasonable solution.”   Digital First Project: “The Digital First Project strongly supports the Protecting Americans from Foreign Adversary Controlled Applications Act. For the past several years, policymakers on both sides of the aisle have explored different solutions to rein in TikTok. While we applauded many of those approaches, it is clear this  proposal  is the correct template going forward.”  

Washington D.C. — House Energy and Commerce Energy, Climate, and Grid Security Subcommittee Chair Jeff Duncan (R-SC) delivered the following opening remarks at today’s subcommittee markup of six bills to modernize pipeline infrastructure and protect consumer choice. “We will be marking up six bills today to continue our work in delivering affordable and reliable energy to Americans.   “The first bill we will be taking up is my discussion draft, 'The Pipeline Safety, Modernization, and Accountability Act of 2024.’  “We will then take up a series of bills to stop the Biden Administration’s war on America’s home appliances.”  ENHANCING PIPELINE SAFETY “With the Pipeline Safety, Modernization, and Accountability Act of 2024, the Energy and Commerce Committee is getting back to its long history of reauthorizing the relative agencies and programs under this Committee’s jurisdiction. “Our bill would reauthorize the Pipeline and Hazardous Materials Safety Administration’s pipeline safety program for five years and update policies to construct and operate pipelines.   “The Energy and Commerce Committee plays a critical role in reauthorizing PHMSA and ensuring the agency complies with its statutory mandates and maintains a strong focus on public safety.   “In January of this year, we held a legislative hearing where we heard from PHMSA Deputy Administrator, Tristan Brown. He discussed PHMSA’s current operations and the agency’s implementation of the Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2020.   “We also heard from a stakeholder panel who gave us their perspectives on PHMSA’s implementation of the PIPES Act and what needs to be done to ensure PHMSA is operating efficiently and effectively.   “Based upon this feedback, we updated our discussion draft to include many provisions from the Transportation and Infrastructure Committee’s bill, which was reported out of their committee by voice vote in December of last year.   “Some of these provisions include technical changes to eliminate natural gas leaks, opportunities for formal hearings, clarifications on maximum allowable operating pressure, excavation damage prevention, class location rulemaking requirement, and inspection of in-service breakout tanks.  “T&I’s bill is an important approach to reauthorizing PHMSA. Because the Energy and Commerce Committee has broader jurisdiction over federal agencies, our draft legislation reflects a comprehensive approach to reauthorize PHMSA safety programs and update policies for pipeline permitting.   “It is no secret the United States is in desperate need of expanded pipeline energy infrastructure.   “Through hearings on this committee, we have heard warnings from energy reliability experts, Grid Operators, and FERC Commissioners that the lack of pipeline capacity in this country is contributing to reliability issues.   “Unfortunately, this Administration has not taken these warnings seriously and continued efforts to block oil and gas development in the United States.    “Pipelines all over the country have been delayed and ultimately cancelled as result of permitting challenges and lawsuits funded and backed by radical environmental groups.   “My draft legislation addresses this by strengthening penalties for damaging pipelines and incorporating permitting reform centered on safety, modernization, and expansion.   “It improves pipelines safety by updating PHMSA programs to reflect new technologies.  “It puts an end to 'gas bans' by protecting the American people’s right to choose the energy source that fits their needs.     “Pipelines are essential to the energy security of the United States, and I would like to see all of my colleagues join me in support of this effort.”  PROTECTING OUR HOME APPLIANCES   “Another avenue by which this Administration has waged war on oil and gas is through its aggressive and illegal energy efficiency mandates.   “This Administration is using efficiency and appliance standards to pursue climate objectives over consumer choice. These standards will increase the cost of appliances and limit the availability of consumer options. “Last year, the Biden Administration began its assault on home appliances by trying to ban gas stoves. Now they are trying to impose new mandates on virtually every appliance in your home.   “The bills we are reviewing today address washing machines, clothes dryers, dishwashers, refrigerators and freezers, and room air conditioners.   “These bills are simple - they prohibit the Secretary of Energy from imposing new efficiency mandates or enforcing existing standards for these particular appliances unless the standards are cost effective and technologically feasible, save the consumers money, and save a significant amount of energy.  “I hope that all the members on this Subcommittee—Republican and Democrat—would support energy efficiency standards as long as the technology exists to meet them, they keep more money in Americans’ pockets, and they save energy.  “All of the bills we are reviewing today are in discussion draft format and we are open to continuing to work with our colleagues on both sides of the aisle on these efforts.” 

Washington, D.C. — After public reports of a large-scale, year-long Medicare fraud scheme involving catheter billing, leaders from the Energy and Commerce, Ways and Means, and Oversight and Accountability committees, along with GOP Doctors Caucus Co-Chairs, are seeking a briefing from Department of Health and Human Services (HHS) Inspector General (IG) Christi Grimm and Centers for Medicare and Medicaid Services (CMS) Administrator Chiquita Brooks-LaSure. In a new letter, the lawmakers request briefings from the HHS IG and CMS by March 20, 2024, regarding what steps are being taken to address this reported fraud and prevent its reoccurrence.  KEY LETTER EXCERPTS : “It is imperative that the U.S. Department of Health and Human Services Office of the Inspector General take immediate action to reduce improper payments and ensure that taxpayer dollars are directed towards the care of our senior citizens whom Medicare is intended to serve. “Based on the information that is publicly known to date, the scale of the alleged catheter billing fraud, affecting over 450,000 Medicare beneficiaries, may represent a significant failure by CMS and HHS OIG. This dramatic, multifold increase in catheter billing—from just a handful of companies—should have been quickly identified and addressed. If public reports about the apparent ease with which this fraud was perpetrated are accurate, they raise questions about the efficacy of current CMS and the HHS OIG fraud detection and prevention measures. In addition, there are stakeholder concerns that a similar increase in fraud has occurred in diabetes supplies, and that this increase may be evidence of a new fraud against the Medicare program.” BACKGROUND : Public reporting estimates the cost of fraud from this scheme to be at least $2 billion. However, discussions between committee staff and stakeholders suggest the dollar figure may be closer to $3 billion. During the Trump administration, Medicare improper payments were reduced by billions per year. In the years since President Biden took office in January 2021, however, improper payments have increased dramatically. House Republicans have long raised the alarm about the prevalence of improper and fraudulent payments in the Medicare and Medicaid programs. In 2016, Republican Members of Congress wrote to then Centers for Medicare and Medicaid Services (“CMS”) Acting Administrator Andy Slavitt to express concern over the rise in Medicare's improper payments. Under the Biden administration, Medicare improper payments have an estimated total of $87.72 billion. Members signing the letter include: Energy and Commerce: Full Committee Chair Cathy McMorris Rodgers (R-WA) Health Subcommittee Chair Brett Guthrie (R-KY) Oversight and Investigations Subcommittee Chair Morgan Griffith (R-VA) Ways and Means Committee: Full Committee Chair Jason Smith (R-MO) Health Subcommittee Chair Vern Buchanan (R-FL) Oversight Subcommittee Chair David Schweikert (R-AZ) Oversight and Accountability Committee: Full Committee Chair James Comer (R-KY) Health Care and Financial Services Subcommittee Chair Lisa McClain (R-MI) GOP Doctors Caucus Co-Chair Greg Murphy, M.D. (R-NC) Co-Chair Michael Burgess, M.D. (R-TX) Co-Chair Brad Wenstrup, D.P.M. (R-OH) CLICK HERE to read the full letter.

Attempt to replace Kerry with John Podesta bypasses required Senate confirmation process Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Senate Environment and Public Works Committee Ranking Member Shelley Moore Capito (R-WV) wrote to President Biden regarding his plan to flout Senate confirmation requirements in replacing outgoing climate czar John Kerry with John Podesta.  KEY EXCERPTS :  “Reports indicate John Podesta, who currently serves as a senior advisor to the President, will replace him as your primary envoy for international climate policy. However, in replacing Mr. Kerry, Mr. Podesta will serve under the title of Senior Advisor to the President for International Climate Policy. This appears to be a blatant attempt to sidestep congressional oversight and install Mr. Podesta in a position that under federal law requires the advice and consent of the United States Senate. We are alarmed at your apparent decision to circumvent the law .  “This appointment is another example of your administration’s practice of creating new offices that do not require Senate confirmation or that do not have explicit statutory missions and constraints. By placing considerable policy authority with these individuals, you demonstrate a flagrant disregard for the separation of powers and congressional authority under both the Constitution and federal law .”  BACKGROUND :  At the start of his tenure, President Biden created the new Cabinet-level position of Special Presidential Envoy for Climate (SPEC) for John Kerry.   This position was not subject to the constitutional advice and consent role of the Senate, allowing him to avoid the Senate confirmation process, any transparency or disclosure requirements, and congressional oversight.  In 2021 in response to these concerns, Congress passed, and the President signed into law, legislation requiring that any “Special Envoy” or other position performing a similar function be subject to confirmation with the advice and consent of the Senate.  Congress intended that Mr. Kerry’s successor be covered by the statutory requirement.  As Senior Advisor to the President for International Climate Policy, Mr. Podesta appears to be assuming all of Mr. Kerry’s duties to act as an envoy for climate on the President’s behalf and to represent the interests of the United States in international policy negotiations.   There appears to be no distinction between this new title and the role of the SPEC.   Given the visibility and authority of this position and its similarity to the SPEC Office, any candidate for this position, including Mr. Podesta, should clearly be required to receive Senate confirmation.   The mere fact that Mr. Podesta will receive a different title and will be based in the White House, rather than the Department of State like his predecessor, does not obviate this statutory obligation.  CLICK HERE to read the full letter.

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) wrote to Environmental Protection Agency (EPA) Administrator Michael Regan regarding the agency’s recent hiring blitz. The radical and partisan Inflation Reduction Act gave the EPA an unprecedented funding boost, which has led to the hiring of nearly 2,000 new agency employees.   As first reported by Breitbart:   “House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Rep. Buddy Carter (R-GA) have requested detailed information about the Environmental Protection Agency’s (EPA) plans to carry out President Joe Biden’s climate change agenda.” […] “Despite their names, the Infrastructure Investment and Jobs Act as well as the Inflation Reduction Act both contain massive carveouts to boost the green industry.   “In a similar fashion, the $700 billion Inflation Reduction Act would spend hundreds of billions of dollars on climate change.”   The Chairs are seeking answers to the following questions:  The total number of employees working at the EPA’s headquarters. Please include a breakdown of the total number of full time equivalent (FTE) employees at each level of the General Schedule (GS) pay scale, as well as any contractors paid with EPA funds, and how these numbers have changed since January 2021.  The total number of employees working in each EPA regional office. Please include a breakdown of the total number of FTE employees at each level of the GS pay scale, as well as any contractors paid with EPA funds, and how these numbers have changed since January 2021.  The total number of FTE employees, as well as any contractors paid with EPA funds, employed within each of the following: Office of the Administrator, Office of Air and Radiation, Office of Chemical Safety and Pollution Prevention, Office of the Chief Financial Officer, Office of Enforcement and Compliance Assurance, Office of Environmental Justice and External Civil Rights, Office of General Counsel, Office of Inspector General, Office of International and Tribal Affairs, Office of Land and Emergency Management, Office of Mission Support, Office of Research and Development, and the Office of Water. Please include a breakdown of the total number of employees at each level of the GS pay scale in the various offices, as well as any contractors paid with EPA funds, and how these numbers have changed since January 2021.  Regarding the Office of Research and Development, please provide the total number of employees within each of the following: Office of Science Advisor, Policy, and Engagement, Center for Environmental Measurement and Modeling, Center for Computational Toxicology and Exposure, Center for Public Health and Environmental Assessment, and the Center for Environmental Solutions and Emergency Response, as well as any contractors paid with EPA funds, and how these numbers have changed since January 2021.  The total number of employees in each Program Office Laboratory and Regional Laboratory, as well as any contractors paid with EPA funds, and how these numbers have changed since January 2021.  A breakdown of Offices where the 1,977 new employees are employed, the level of the GS pay scale at which they were hired, and whether any of them are contractors paid with EPA funds.  The number of employees that left the agency in 2023, including a breakdown of the GS scale for departing employees, as well as any contractors paid with EPA funds.    The total number of contractors working for the EPA and how these numbers have changed since January 2021.  The total number of EPA special consultants who are compensated under 42 USC 209(f).  CLICK HERE to read the full article from Breitbart. CLICK HERE to read the full letter.