Welcome to the Committee on Energy and Commerce.

Washington D.C. — House Energy and Commerce Subcommittee on Environment, Manufacturing, and Critical Materials Chair Buddy Carter (R-GA) delivered the following opening remarks at today’s subcommittee hearing titled “EPA’s RMP Rule: Failures to Protect the American People and American Manufacturing.”  EPA’S REGULATORY BLITZ   “The RMP rule will affect producers of critical materials necessary for an innovative and prosperous American economy.  “These include chemical manufacturers, petroleum refiners, drinking water and wastewater treatment professionals, agricultural chemical distributors, and other sectors which both make and provide a reliable supply of items necessary for improving lives, enhancing safety, and providing an affordable cost of living. “Unfortunately, this RMP rule appears to be another cog in EPA’s regulatory blitz; perpetuating inflation while making it harder to produce the materials and provide services Americans rely on. “Managing risk is a necessary practice for doing business in heavy industrial sectors. Owners and operators invest millions of dollars into their facilities to ensure they operate safely and at maximum efficiency with proper controls. “They have no interest — legally or financially — in becoming the face of industrial malpractice. “Despite this inherent incentive, the Biden EPA, fueled by its ideological allies’ quest for command and control, has flipped RMP on its head.” UNDERMINING AMERICAN MANUFACTURING “In taking this step, the Biden EPA is disregarding the purpose of the statute and pursuing a 'zero-risk' program. “Owners and operators of industrial facilities already operate under a General Duty Clause in both the Clean Air Act and under the Occupational Safety and Health Administration. “These provisions work to prevent and mitigate the consequences of accidents, as well as to furnish a workplace free from recognized hazards which may cause or are likely to cause death or serious physical harm. “In addition, the Clean Air Act clearly states, 'the administrator shall promulgate reasonable regulations and appropriate guidance to provide, to the greatest extent practicable, for the prevention and detection of accidental releases of regulated substances.’ “The recent RMP rule, though, goes far beyond what is reasonable and practicable for owners and operators of covered facilities.  “It is not reasonable for facilities to be required to disclose confidential information to anyone living, working, or spending an undefined, 'significant' amount of time within a 6-mile radius of a covered facility.  “In fact, it is a serious risk to our country’s security.  “These facilities handle hazardous materials which can be exploited by those seeking to harm Americans.  “Nor is it reasonable or practicable for certain chemical facilities and refineries to, in place of better training, be forced to prioritize installing new physical controls or measures on their facilities every five years or justify why they will not do so. And, being too expensive is not a justification.  “Under this new RMP rule, owners and operators of these facilities must prove their safety innocence to an EPA inspector every five years, regardless of the inspector’s technical proficiency regarding plant operations.”  UNREALISTIC NEW RULES “Risk management is a serious issue, we have a duty to ensure our constituents are protected from negligence and environmental hazards. “However, the pursuit of zero-risk is not reasonable, nor is it practicable. “Risk surrounds us every day. We drive cars to work, cross streets to get where we need to go, and take pharmaceuticals that may have potential side effects.  “Yet we responsibly manage these risks and reap the benefits of the opportunity they provide.  “The same goes for industrial production, we must responsibly manage risks to reap the benefits of the materials they provide. “Today, we will explore the RMP rule to learn how it could impair the ability of American businesses to compete in the global marketplace and provide items we all benefit from. “We also will hear from witnesses who are experts in the legal grounding of RMP, the field of risk management, and the hurdles businesses face when complying with burdensome regulations.”

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Environment, Manufacturing, and Critical Materials Subcommittee hearing titled “EPA’s RMP Rule: Failures to Protect the American People and American Manufacturing.”  "The United States has long led the world in innovation and entrepreneurship, while continuing to maintain some of the highest environmental and labor standards in the world.  “This leadership has not been the result of a top-down, government-knows-best system.  “It’s the result of free market principles, and an entrepreneurial spirit that’s uniquely American.  “Our energy resources have enabled America to reduce emissions more than any other nation.  “This is a legacy we should be proud of and build off.  “Energy and Commerce Republicans have been working hard to do just that by advancing smart policies that protect and expand American leadership for generations to come.”  BIDEN’S RADICAL AGENDA   “The Biden administration, on the other hand, has been advancing policies that threaten this legacy.  “These actions are putting America on a dangerous path, they’re driving up inflation, killing manufacturing, and handing control of our future to China.  “The EPA has been at the center of this agenda.  “At a time when more than half the nation is at elevated risk of forced blackouts, the EPA has been finalizing new power plant rules that will shut down the types of electric generation needed to keep the lights on.  “Policies like their new PM2.5 standards will jeopardize manufacturing and jobs across the country.   “There are a hundred more examples of harmful policies and regulations like these coming out of President Biden’s EPA.  “When taken together these efforts will raise prices for Americans and open the door for China to replace American production and further pollute the environment.”  EPA’S RISK MANAGEMENT PROGRAM (RMP) RULE   “Today, the Subcommittee will explore yet another one of these harmful regulations—the EPA rule that will massively expand Risk Management Plan (RMP) program requirements. “The truth is, everyone in this room wants American factories that operate responsibly and that ensure communities across the country are safe. “We also want those same communities to thrive and for people to have access to good, reliable jobs. “Under the RMP rules, we’ve seen a significant decrease in accidents over the last two decades. "EPA’s own data suggests that there was a 70 percent reduction in annual reported incidents between 2004 and 2020, and 97 percent of RMP-regulated facilities reported no accidents at all between 2016 and 2020.  “But this new RMP rule from the Biden EPA will force American manufacturers out of business or force them to move their operations overseas.  “If the rule itself wasn’t bad enough, President Biden’s EPA limited the comment period, preventing the public and the businesses impacted from being able to weigh in.  “Today we will pull the curtains back and learn more about the risks of this new rule.”  CONSEQUENCES OF THE RMP RULE   “The Clean Air Act requires RMP rules be ‘reasonable.’  “As we will discuss today, the EPA’s new rule fails to meet that simple requirement.  “Instead, this rule will raise gas prices for people across the country—which have already increased an average of 57 cents this year.   “According to AAA, gas prices have increased $1.25 nationwide since Biden took office. In my home state of Washington, the increase has been even greater.  “This new rule will only add to the pain Americans are already feeling at the pump, as we head into the peak summer travel season.  “The costs of essential goods and services will also rise as a result of the changes to RMP.  “It will harm small and medium sized refineries, who will be forced to pay hundreds of millions of dollars to comply.  “These impacted refineries account for 40 percent of existing and operating U.S. refining capacity. “Water utilities, manufacturers, agricultural retailers, pulp and paper producers, cold storage warehouses all could be forced to spend significant amounts of money to comply, or face shut down. “Instead of undermining American economic success, let’s work together to build on our remarkable legacy by embracing America’s tradition of balancing economic and environmental leadership, which will help lowers costs for Americans, create jobs, and prevent us from becoming reliant on China.”

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Subcommittee on Health Chair Brett Guthrie (R-KY) announced a hearing titled "Check Up: Examining FDA Regulation of Drugs, Biologics, and Devices." “America remains the leader in developing cutting edge biomedical innovation. Countries around the globe look to the FDA for guidance on facilitating safe and effective treatments and medical devices,” said Chairs Rodgers and Guthrie. “Given the increased funding provided in the most recent user fee reauthorization, it’s important that we engage regularly with key FDA officials to better understand what’s working well at the FDA and what challenges persist. Continuing to rebuild public trust in government health agencies is critical and will require more transparency from agencies like the FDA.”  Subcommittee on Health hearing titled "Check Up: Examining FDA Regulation of Drugs, Biologics, and Devices."   WHAT : A hearing to discuss the Food and Drug Administration’s (FDA) regulation of drugs, biologics, and devices.  DATE : Wednesday, May 22, 2024 TIME : 10:30 AM ET LOCATION : 2322 Rayburn House Office Building WITNESSES : Patrizia Cavazzoni, M.D ., Director, Center for Drug Evaluation and Research (CDER), Food and Drug Administration   Peter Marks, M.D., Ph.D. , Director, Center for Biologics Evaluation and Research (CBER), Food and Drug Administration   Jeffrey Shuren, M.D., J.D. , Director, Center for Devices and Radiological Health (CDRH), Food and Drug Administration   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 Emma Schultheis with the Committee staff at Emma.Schultheis@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 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 .