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Effort Follows Disappointing COVID-19 Origins Declassification 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 continued their investigation into the Biden administration’s biosafety practices. The Chairs have called for increased scrutiny of federal laboratory biosafety protocols following the Biden administration’s lack of transparency in declassifying information related to the origins of COVID-19:  KEY EXCERPT FROM THE LETTERS :  “Biosafety of laboratory research has purportedly been prioritized by the administration. In a September 12, 2022, executive order, President Biden set forth the goal to ‘elevate biological risk management’ as part of a broader effort to advance biotechnology and biomanufacturing. The order specifically noted that the administration’s efforts should include; providing for research and investment in applied biosafety and biosecurity innovation.’  “The Committee is interested in how biosafety practices are implemented and prioritized at key federal laboratories.”  ADDITIONAL BACKGROUND :  The letter builds upon an April 27, 2023, Subcommittee on Oversight and Investigations hearing titled "Biosafety and Risky Research: Examining if Science is Outpacing Policy and Safety.”  CLICK HERE to read the letter to Centers for Diseases Control and Prevention Acting Director Nirav Shah.  CLICK HERE to read the letter to Department of Health and Human Services Inspector General Christi Grimm.  CLICK HERE to read the letter to the senior official performing the duties of Director of the National Institutes of Health, Lawrence Tabak. 

Washington, D.C. – Today, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), along with House Judiciary Committee Chairman Jim Jordan (R-OH), sent a letter to Federal Trade Commission (FTC) Chair Lina Khan raising concerns about her adherence to federal ethics guidance and whether she misled Congress about ethics advice from the FTC's Designated Agency Ethics Official (DAEO).  On April 18, 2023, Chair Khan testified before an Energy and Commerce subcommittee hearing regarding the FTC’s budget. At that hearing, Chair Rodgers asked Chair Khan: “Are there any instances where you’ve not followed the DAEO’s advice?” After pausing for a few seconds, Chair Khan responded, “no,” and then attempted to explain her response by stating, “I have consulted with the DAEO and have taken actions that are consistent with the legal statements the DAEO has made.”  On June 16, 2023, a journalist published a nonpartisan ethics memorandum, dated August 31, 2022, and written by the FTC’s DAEO, analyzing Chair Khan's ability to sit as a judge in a specific proceeding before the FTC. According to the ethics memorandum, the DAEO “recommend[ed] Chair Khan recuse to avoid an appearance of partiality concern pursuant” to federal ethics regulations. The relevant ethics regulations specify that even if there is no per se conflict of interest, “where the employee determines that the circumstances would cause a reasonable person with knowledge of the relevant facts to question his impartiality in the matter, the employee should not participate in the matter...” The DAEO concluded that a reasonable person would question Chair Khan's partiality in the matter at hand, noting her “strong reservations with Chair Khan participating as an adjudicator in this proceeding.”  The recent disclosure of the DAEO’s memorandum suggests that Chair Khan's response to Chair Rodgers during the recent subcommittee hearing omitted an important recommendation by the DAEO. It raises serious questions about Chair Khan’s commitment to the fair and impartial administration of the FTC’s authorities.   CLICK HERE to read the full letter.  

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Communications and Technology Subcommittee Chair Bob Latta (R-OH) released a statement today following the Biden administration’s announcement of Broadband Equity, Access, and Deployment (BEAD) state allocations.   “Today’s state allocation announcement is an important step in our work to close the digital divide. Especially now that these resources have been allocated, we need to make sure that the funds are used to connect every American. Energy and Commerce will continue our oversight to make sure National Telecommunications and Information Administration (NTIA) is carrying out its responsibilities according to congressional intent, which includes making those investments in a technology neutral way that avoids overbuilding and other wasteful spending. That is how we make sure every unserved American has access to affordable, reliable broadband services.”  NOTE: On May 10, 2023, the House Energy and Commerce Committee’s Oversight and Investigations Subcommittee held a hearing titled “Closing the Digital Divide: Overseeing Federal Funds for Broadband Deployment,” where lawmakers discussed ensuring resources allocated through programs like BEAD are allocated effectively and avoid waste, fraud, and abuse. CLICK HERE for more information.   On May 23, 2023, the Subcommittee on Communications and Technology held a hearing titled "Oversight and Reauthorization of the National Telecommunications and Information Administration,” where members heard from NTIA Administrator Alan Davidson on ensuring NTIA is carrying out its mission of strengthening American communications leadership and closing the digital divide. CLICK HERE for more information. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) today issued the following statement regarding the one-year anniversary of the United States Supreme Court’s landmark ruling in Dobbs v. Jackson :  “The Dobbs decision has been a renewed call to answer the greatest human rights question of our generation by affirming the dignity and value of every person. As a nation, we must come together to make sure women and their babies have the care they need at every stage of life. That is why I support pregnancy centers that provide medical care, resources, education, and mentoring to women. These centers are doing the loving work of helping women find the hope and stability they need to choose life.  “Every life is worth living. One year after the Supreme Court affirmed this, I continue to ask Democrats to abandon their extreme position for abortion with no limits at any stage of pregnancy. Their pro-abortion agenda cannot be the law of the land.   “Every person—born and unborn—has human rights. For America to be a more perfect union, our laws must reflect that.” 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA); Subcommittee on Energy, Climate, and Grid Security Chair Jeff Duncan (R-SC); Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA); and Subcommittee on Environment, Manufacturing, and Critical Materials Chair Bill Johnson (R-OH), on behalf of the Energy, Oversight, and Environment Subcommittees, today sent a letter to Environmental Protection Agency Administrator Michael Regan. The Chairs’ letter raised concerns that loopholes in the so-called “Inflation Reduction Act’s (IRA) electronic vehicle (EV) tax provisions might lead to an increased reliance on China.  KEY EXCERPT:   “We are concerned that EPA potentially overestimates the impact of the IRA’s tax credits in supporting domestic supply chains for critical minerals and electric vehicle batteries. EPA asserts that widespread vehicle electrification ‘will not lead to a critical long-term dependence on foreign imports of minerals or components’ and that increased demand will not threaten national security. However, increased adoption of electric vehicles to meet the demands of this rule could force the United States to rely on foreign adversaries such as China, which dominates much of the electric vehicle supply chain.”  BACKGROUND:   The IRA permits individuals to claim a federal income tax credit for purchasing a qualifying new clean vehicle.  The IRA placed restrictions on which vehicles are eligible for this credit, including:  Critical Minerals Requirement: A certain percentage of the vehicle’s battery be extracted or processed in the United States or any country with which the United States has a free trade agreement, or recycled in North America, starting with 40 percent for vehicles placed in service on or after April 18, 2023, and before January 1, 2024, and escalating to 80 percent for vehicles placed in service after December 31, 2026;  Battery Components Requirement: A certain percentage of the value of the vehicle’s battery components must be manufactured or assembled in North America (battery components requirement), starting with 50 percent for vehicles placed in service on or after April 18, 2023, and before January 1, 2024, and escalating to 100 percent for vehicles placed in service after December 31, 2028; and   Final Assembly Requirement: Final assembly of the vehicle must occur in North America.   The IRA also added a credit for qualified commercial clean vehicles, which allows businesses to claim a federal income tax credit for clean vehicles dedicated to commercial use, and not for resale.   Note: This credit, the Commercial Clean Vehicle Credit, does not include tax credit eligibility limitations—such as the critical minerals requirement, the battery components requirement, or the final assembly requirement.  As Members discussed at a recent hearing on the Committee’s Subcommittee on Oversight and Investigations, car manufacturers may exploit the absence of the critical minerals requirement, the battery components requirement, and the final assembly requirement in the Commercial Clean Vehicle Credit.  Reportedly this “loophole” is “quickly changing the behavior of foreign automakers.”  For example, Hyundai is “direct[ing] many more of its [electric vehicle] customers to leases.”  The Chairs requested that Administrator Regan respond to the following questions by July 10, 2023:  Prior to issuing this final rule, does the EPA plan to analyze the extent to which vehicle manufacturers and retailers may focus on increasing leases of electric vehicles, as compared to those purchased?  If so, how does the EPA plan to do so?  If not, why not?  Has the EPA communicated, or does it plan to communicate, with any other relevant entities or agencies, such as the Department of Treasury, regarding the extent to which stricter requirements for vehicles eligible for the Clean Vehicle Credit than the Commercial Clean Vehicle Credit may lead to an increase in the number of leased electric vehicles, as compared to those purchased?  CLICK HERE to read the full letter. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement after the Director of National Intelligence released information related to the federal government’s report on the origins of COVID-19: “This Friday night ‘news’ dump of a mere 10-page summary is a slap in the face of Americans who deserve full transparency about what information the government possesses regarding the origins of COVID-19. President Biden should follow through with what Congress has required: to declassify all information we need to help answer one of the most important public health questions of our lifetime. Doing so is critical to holding China accountable for its coverup of the virus’ origin and being prepared to prevent the next pandemic. The American people deserve it. “Perhaps the most important lesson we’ve learned throughout the pandemic is that our government must be honest and forthcoming if we are ever to restore public trust and obtain justice for the victims of the pandemic—both those who lost their lives to the virus and those whose lives were harmed by unscientific lockdowns and mandates. This report fails to live up to either.”  Background:    Congress passed S. 619 , the Covid-19 Origins Act , unanimously in March 2023, which requires the Office of the Director of National Intelligence declassify all information relating to potential links between the origins of COVID-19 and the Wuhan Institute of Virology.   In 2021, Energy & Commerce Republicans called on the Biden administration to declassify information around research conducted at the Wuhan Institute of Virology Lab. CLICK HERE to read the letter.    In 2022, Chair Rodgers, along with Foreign Affairs Committee Chair Michael McCaul (R-TX) and Committee on Science, Space, and Technology Chair Frank Lucas (R-OK), called upon the Biden administration again requesting declassification of reports related to the origins of COVID-19. CLICK HERE to read the letter.   Earlier this year, Chair Rodgers, along with Subcommittee Chairs Morgan Griffith (R-VA), Brett Guthrie (R-KY), and Jeff Duncan (R-SC) renewed requests for the Biden administration to declassify all COVID-19 origins reports.

Washington, D.C. —  House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered opening remarks at today’s Oversight and Investigations Subcommittee hearing titled “ MACRA Checkup: Assessing Implementation and Challenges that Remain for Patients and Doctors .” Excerpts and highlights below: ENHANCING TRANSPARENCY & REDUCING COSTS “This committee is actively working on bipartisan solutions to enhance transparency and reduce health care costs. “We moved a bipartisan health package through the full committee unanimously just last month. “We're now focusing on how current laws facilitate quality care for American seniors. “That’s what we sought to do when Congress passed MACRA in 2015 in a bipartisan manner, and I want to thank Dr. Burgess for his leadership on that effort.” MACRA TOOK IMPORTANT FIRST STEPS FOR BETTER CARE “MACRA, which replaced the Sustainable Growth Rate formula, brought stability to the medical provider community. “For decades, the traditional Medicare fee-for-service system inadvertently incentivized the proliferation of low-value health care services by paying for volume rather than health outcomes for patients. “When seniors visited their doctors, they often received a multitude of services that may not have been necessary for their health, simply because the system rewarded quantity rather than the quality of care. “MACRA introduced a new approach that prioritizes quality over quantity. “The Quality Payment Program, consisting of the Merit-Based Incentive Payment System and Advanced Alternative Payment Models, aimed to streamline reporting measures and reduce administrative burdens on providers, allowing doctors to dedicate more time to patient care.” MORE WORK NEEDED TO UNDERSTAND & IMPROVE MACRA “Today's hearing will deepen our understanding of MACRA's implementation and help us address remaining barriers to optimal patient care. “Our work becomes more urgent as more Americans age into the Medicare program and the financial and regulatory pressures on health care providers inside and outside of Medicare mount. “We must pay special attention to the challenges faced by doctors in rural areas, such as those in my district in Eastern Washington. “As we learned throughout this committee’s process to address health care costs and transparency, outdated Medicare payment policies and rules can lead to regulatory capture which encourages greater health care consolidation that leads to higher prices for patients and reduced quality of care. “The impact of MACRA on rural healthcare providers has been significant, and small practices in these areas may face large burdens in transitioning to value-based payment arrangements, which may be leading to further provider consolidation. “Our rural health care providers are integral to the health of our communities but continue to grapple with financial and technological hurdles. “Despite these challenges, they have shown remarkable resilience and commitment to providing quality care to our constituents. “Our goal today is to learn more about where improvements are needed to ensure rural health providers can further improve care.” CHALLENGES TO SPECIALISTS AND PROVIDERS “MACRA has also presented challenges to specialists and small practices, which may not have the resources to build a model of their own or balance the financial tradeoffs. “Take for example the Oncology Care Model and its successor model the Enhancing Oncology Model, which are Alternative Payment Models focused on caring for Medicare patients undergoing chemotherapy. “These models aim to improve the quality of care for cancer patients by encouraging oncologists to coordinate care, make evidence-based treatment decisions, and engage patients in their care, all with the goal of enhancing the patient's overall experience and health. “While in some ways, these models were a step forward, they have also highlighted areas where we need to improve. “This includes how to better align payment incentives and regulatory flexibilities to deliver cost savings and better health outcomes for patients, as well as the uncertainty that comes with models being phased in and out as administrations change. “Another key issue we must address is the financial strain on our providers. “It is concerning to note that, when adjusted for inflation in practice costs, physician pay within Medicare has declined 22 percent from 2001 to 2021. “At the same time, the cost of running a medical practice has increased 39 percent. “This financial pressure is a significant barrier to the adoption of value-based care models, and we must think creatively about how to alleviate that pressure and encourage adoption of innovative payment policies that I previously described. “As we continue this hearing, let us remember that our goal is to ensure that MACRA is implemented in a way that benefits both America’s seniors and our health care providers. “I am confident that this committee can continue to lead in a bipartisan way to lower costs for patients and strengthen our health care system.”

Washington, D.C. —  Subcommittee on Environment, Manufacturing, and Critical Materials Chair Bill Johnson (R-OH) delivered the following opening statement at today’s Environment, Manufacturing, and Critical Materials Subcommittee legislative hearing titled “ Driving Affordability: Preserving People’s Freedom to Buy Affordable Vehicles and Fuel .” Excerpts and highlights below: AMERICANS RELY ON THEIR CARS “Welcome to the Environment, Manufacturing, and Critical Materials Subcommittee’s hearing on four pieces of legislation intended to safeguard economic freedom and mobility for the American people. “Our constituents across the country rely on their cars to commute to work, travel to and from school, check in on grandparents and loved ones, go to the grocery store, and go to medical appointments. “According to the Department of Transportation, approximately 280 million vehicles were registered to US drivers in 2021. “In total, 92 percent of US households have at least one vehicle, and more than half of US households have two or more vehicles. “The Biden administration continues to release regulation after regulation to dramatically change transportation and mobility for Americans, on a timetable that defies reality. “For many Americans this is pushing them toward vehicles that they cannot afford, and into vehicles that don’t make sense, especially for rural Americans like those in my district. “And who will pay for this so-called transition? The American taxpayer.” REPUBLICAN SOLUTIONS TO STOP BIDEN’S OVERREACH “Luckily, Republicans on our committee have some solutions. “The four bills we are considering today stop the Biden administration’s excessive overreach and enable Americans to continue to choose the cars they want and can afford. “First, the Preserving Choice in Vehicle Purchases Act was introduced by our subcommittee members, Dr. Joyce, Mr. Latta, Mr. Bilirakis, and Mr. Obernolte. “This legislation limits the EPA’s ability to unilaterally issue a waiver of national vehicle emission standards to California if the state’s policies directly or indirectly limit the sale or use of new internal combustion engine vehicles. “The intent of the Clean Air Act is clear. “Congress never directed California to dictate America’s vehicle emissions, and also did not authorize the EPA to force vehicles that the Agency does not like off the road. “Next, we have The Fuels Parity Act, introduced by Dr. Miller-Meeks, which allows ethanol derived from corn starch to qualify as a renewable fuel and an advanced biofuel under the Renewable Fuel Standard. “The bill also supports the use of the Department of Energy’s Argonne National Laboratory GREET model to assess lifecycle greenhouse gas emissions. “We should prioritize nationally recognized standards rather than international standards that specifically disadvantage American fuels. “We also have two discussion drafts we are considering. “The first addresses one of the most egregious examples of the Biden administration’s regulatory overreach: the proposed creation of a program to introduce electricity into the Renewable Fuel Standard with eRINs. “I am encouraged that the EPA decided to pull back the eRINs program from the final Set proposal, but any administration currently has the ability to re-engage on eRINs at a later date, so we need to address this. “Fortunately, the No Fuel Credits for Batteries Act, would clarify that the EPA is not authorized to create an eRINs program.” FREEDOM AND AFFORDABILITY “The second draft tackles another similarly disastrous proposal by the Biden EPA: the quote ‘Multi-Pollutant Emissions Standards for Model Years 2027 and Later for Light- and Medium-Duty Vehicles.’ “The Biden administration’s intent with the proposed rule was to pave the way for two thirds of new car sales and nearly half of new truck sales to be totally electric in the next 10 years. “To reach its goal, the EPA set emission standards that only electric vehicles could achieve. “The Choice in Automobile Retail Sales Act, or the CARS Act, prohibits the EPA from moving forward with this proposed rule. “The bill also prevents the EPA from issuing any regulations in the future that would mandate a specific technology or engine type. “All Americans deserve the freedom to choose what car they drive. “And to my Democratic colleagues, I want to emphasize that none of the bills being considered today prevent electric cars or trucks from being driven on our roads if people want them. “But forcing these vehicles on long distance driving rural Americans, and for that matter, many urban dwelling Americans, who don’t have garages and driveways to charge these cars is simply wrong. “Ultimately, this forced EV transition will disproportionally burden working class Americans. “The four pieces of legislation simply prevent the Biden administration from using the federal government to dictate how Americans travel and reach their desired destinations. “I appreciate the witnesses for testifying today, and I look forward to our discussion on ensuring affordable and reliable transportation.”

Washington, D.C. —  Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) delivered the following opening remarks during today’s Oversight and Investigations Subcommittee hearing titled “ MACRA Checkup: Assessing Implementation and Challenges that Remain for Patients and Doctors .” Excerpts and highlights below: CHECKING UP ON MACRA “Welcome to today’s hearing to give us a chance to checkup on the implementation of Medicare Access and CHIP Reauthorization Act of 2015, commonly abbreviated to MACRA. “I believe we are in a better place now than we were prior to 2015 because of the work done by the Members of Energy and Commerce, led by Dr. Burgess, to get MACRA enacted into law with overwhelming bipartisan support. “MACRA charted a new course for Medicare and attempted to put it on a more sustainable financial course. “MACRA was designed to shift physician reimbursement from a fee for service payment model to one that seeks to reward doctors for value over volume for patient care. “One of the biggest pieces was the elimination of the Sustainable Growth Rate, or SGR. This was the formula used to determine annual updates to the Medicare fee schedule, which governs physician reimbursement. “On top of eliminating the SGR, MACRA established the Quality Payment Program, which established two pathways to incentivize physicians to transition to value-based care. “One pathway is the Merit-Based Incentive Payment System, or MIPS, where a provider is subject to a performance-based payment system that results in payment adjustments based on certain quality reporting categories. “The other pathway is the Alternative Payment Models, or APMs, which allows physicians to take a risk-based approach to treating patients to achieve specific performance goals in order to receive bonus payments.” CMS’ ADDITIONAL ADMINISTRATIVE BURDENS “This hearing will allow Congress to understand what’s working, what’s not working, what’s showing promise, and what unexpected challenges have come to light. “Among these unexpected challenges is CMS’s implementation of MACRA that has created additional levels of administrative complexity and costs. “This has slowed down the adoption of MACRA’s quality payment programs. “Savings achieved to date under these models have also been less than was hoped for, and CMS’s process for approving new payment models has been something of a disappointment as well. “In 2020, less than 238,000 providers were participating in APMs, while over 933,000 participated in MIPS. “MIPS has also proven administratively complex to implement and costly for providers.” RURAL COMMUNITIES “This has disadvantaged small and rural healthcare providers and, in many instances, prevented them from participating in the program on a level playing field. “It is essential that these rural and underserved providers are not left at a disadvantage due to the lack of resources and infrastructure. “A small rural practice needs standards that are relevant to their practice and different than a large suburban practice. “This risks further accelerating the consolidation of health care providers. “We’ve seen too often doctors are being forced to pay attention to certain metrics to ensure reimbursement rather than for quality of patient care. “We must strike the right balance between fairly compensating our doctors and health care providers to ensure access to high-quality care while also being good stewards of Medicare funds.”