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Americans deserve to have their sensitive health information protected. Energy and Commerce Republicans have been actively working since the February 21st cyberattack on Change Healthcare to understand how it happened, how it can be prevented in the future, and how to help Americans continue to access care.  THE PROBLEM Change Healthcare is one of the largest health payment processing companies in the world. It acts as a clearing house for 15 billion medical claims each year—accounting for nearly 40 percent of all claims. The cyberattack that occurred in February knocked Change Healthcare—a subsidiary of the behemoth global health company UnitedHealth—offline, which created a backlog of unpaid claims. This has left doctors’ offices and hospitals with serious cashflow problems—threatening patients’ access to care. It has since come to light that millions of Americans may have had their sensitive health information leaked onto the dark web, despite UnitedHealth paying a ransom to the cyber attackers. E&C ACTION From the outset, Members on Energy and Commerce have been working with the administration and Change Healthcare to help providers—particularly smaller and rural practices—maneuver through the new, complicated process of getting reimbursed, so they could keep their doors open and focus on caring for patients. Energy and Commerce Republicans were briefed by the Administration for Strategic Preparedness and Response, the Centers for Medicare and Medicaid Services, and Change Healthcare in the weeks following the attack. Following the briefings, bipartisan Energy and Commerce leaders wrote to UnitedHealth seeking answers about the attack. The Subcommittee on Health convened a hearing on May 17th to explore cybersecurity vulnerabilities in the health care sector and discuss possible solutions to address them. This week, the Oversight and Investigations Subcommittee called UnitedHealth CEO Sir Andrew Witty to explain to the American people what happened in the lead up to and during the attack, how the company is responding, and how it plans to prevent such an attack from happening again. WHAT WE LEARNED 1. The attack occurred because UnitedHealth wasn’t using multifactor authentication [MFA], which is an industry standard practice, to secure one of their most critical systems.  Mr. Witty:   We're continuing to investigate as to exactly why MFA was not on that particular service. It clearly was not. I can tell you I'm as frustrated as you are about having discovered that and as we've gone back and figured out how this situation occurred.    Change Healthcare came into the organization toward the end of 2022 after the timing of the declarations you just described.    Change Healthcare was a relatively older company with older technologies, which we had been working to upgrade since the acquisition. For some reason, which we continue to investigate, this particular server did not have MFA on it.   2. It’s estimated that a third of Americans had their sensitive health information leaked to the dark web as a result of the attack.  Oversight Subcommittee Chair Morgan Griffith: "Substantial proportion of the American population." What does that mean? How much are we talking? 20 percent? We talking 50 percent? We're talking 70? Tell us.   Mt. Witty:   Chairman, we continue to investigate the amount of data involved here. We do think it's going to be substantial. Because we haven't completed the process, I'm hesitant to be overly precise on that and and be wrong in the future. I wouldn't like to mislead anybody in that regard.   Chair Griffith:   Well, and I wouldn't want you to mislead us either. But when you say "substantially," at least give me some kind of a range. You can be on the bottom to high. I don't mind giving you a range. Are we talking 20 to 50?   Mr. Witty:   I think maybe a third or somewhere of that level.   3. This might not be the end of the leaks. Despite UnitedHealth paying a ransom to the criminals, it cannot guarantee that more of Americans’ sensitive information will not be leaked.  Chair Cathy McMorris Rodgers:   How were the hackers communicating with UnitedHealth to get the ransom? Did you communicate ever directly with the hackers?   Mt. Witty:   I did not. No. Chair Rodgers:   How much did you pay in ransom? And how was it paid it? In dollars? Bitcoin or other cryptocurrency?   Mr. Witty:   $22 million in Bitcoin.  Chair Rodgers:   What was the date that you paid the ransom?   Mr. Witty:   I'm sorry. I don't have that to mind. But I can certainly get back to you with that.   Chair Rodgers:   Can you affirmatively say that the hackers you paid did not make copies of protected or personal data and then, at a later date, uphold it onto the internet or the dark web.   Mr. Witty:   I cannot affirmatively say that. No. 4. UnitedHealth has resources to help individuals and providers.  Dr. Burgess:   Is there a generally available website or telephone number that a practice can call right now, if they're continuing to have a problem?  Mr. Witty: Yes. And thank you very much for the question. So [ https://support.changehealthcare.com/ ] is the best website for anybody to access, whether it being a provider or an individual.    But, also I would very much like to note the 1-800 number that's available for individuals to call if they have any questions at all about data or anything like that.    So, it's 1 (866) 262-5342. That service line is available and makes available very quickly is a very simple process. If anybody wants things like credit protection, identity theft protection, those services are all available to be enrolled on just through a simple phone call.   CLICK HERE to watch the full hearing. Check out some of the news coverage from the hearing: UnitedHealth’s handling of the situation will probably be “a case study in crisis mismanagement for decades to come,” said Rep. Cathy McMorris Rodgers (R-Wash.), chair of the House Energy and Commerce Committee.  Witty fielded heated questions from Senators on the House Energy and Commerce Committee about the company's failure to prevent the breach and contain its fallout.  Pressed for details on the data compromised, Witty said "maybe a third" of Americans' protected health information and personally identifiable information was stolen.  Members of the House Energy and Commerce Committee asked Witty why the nation's largest health care insurer did not have the basic cybersecurity safeguard in place before the attack. "Change Healthcare was a relatively older company with older technologies, which we had been working to upgrade since the acquisition," Witty said. "But for some reason, which we continue to investigate, this particular server did not have MFA on it."  Rep. Gary Palmer (R., Ala.), in an afternoon hearing held by the House Energy and Commerce Committee’s subcommittee on Oversight and Investigations, pressed Witty on how many government employees with security clearance were included in the breach. That kind of theft would be a national-security risk, he said.  Still, Rep. Earl L. “Buddy” Carter, R-Ga., railed against the company’s use of vertical integration, in which it has acquired physician practices, pharmacy benefit managers and other players in the health care system. “Let me assure you that I’m going to continue to work to bust this up,” Carter said.“This vertical integration that exists in health care in general has got to end.”  Several members also took the opportunity to chide United Healthcare’s use of prior authorization, which Witty said resumed for its Medicare Advantage plans April 15.   The company should “carefully review how that prior authorization” has affected patient outcomes, said Rep. John Joyce, R-Pa. 

After a unanimous vote in the Energy and Commerce Committee, H.R. 7521, the Protecting Americans from Foreign Adversary Controlled Applications Act , passed the House of Representatives with a vote of 352 – 65. Following the strong, bipartisan vote, Energy and Commerce Republicans touted the bill’s widespread support. Highlights and excerpt from the interviews: Rep. Latta on NewsNation: “This is something that the House has been working on for over a year. When Mr. Chew [CEO of TikTok] appeared before us in Committee, I asked him if anyone in Communist China could see this data from Americans users of the app. ‘Yes it could be,’ was his response. We’ve also had security briefings. That’s one of the other big concerns here is the national security of the United States and making sure we protect our citizens from the Communist Chinese accessing their information.” […] “TikTok is owned by ByteDance, and under Communist Chinese law, anything that the government wants, if you’re a Chinese company, you have to give it to the government. What we’re saying in the legislation is if ByteDance, which is the parent [company], divests themselves of TikTok, TikTok can still be used here in the United States.” Rep. Walberg on Scripps News: “We’re not attempting to ban TikTok. […] That’s what TikTok wants its users and subscribers to think we’re doing, but it's not true. We have said that TikTok can remain as long as it's not connected to an adversarial country—China, Russia, North Korea, Iran.” […] “For the purposes of national security, we don’t want something like TikTok, with 170 million users, to have access opportunity from the CCP. That’s a dangerous setting. So, we have said we’re not banning. It can continue on, but it cannot be owned by any company that is controlled by the CCP and that’s ByteDance. It is wholly responsible to the CCP and that’s a dangerous thing. Rep. Cammack on America’s Newsroom: “The thing that’s really concerning is that the CCP has come out and said they would rather see us ‘ban’ TikTok than divest. [ByteDance] stands to make billions of dollars through divestment, but instead the Chinese government is more concerned with having unfettered access [to U.S. data].” […] “Just this time last year, the CEO of TikTok told my Committee that they didn’t have access to geolocation data. But, it turns out, they tapped into the geolocation data of their users, and if you were in an Energy and Commerce Committee Member’s district, you couldn’t use the app until you actually called through the app. They say that they don’t [surveil Americans], but we know that they do.” Rep. Pfluger on Yahoo Finance: “The goal here is we want to make sure Americans are safe. We want to make sure that data is safe. We want to make sure that a foreign adversary is not taking advantage of an application and using Americans and our privacy to their advantage.” […] “This is not about content. It’s about conduct. In fact, we hope that the application can actually continue, but it needs to happen with a trusted purchase, and so far the Chinese Communist Party has a direct tie to ByteDance. It’s about the link to a foreign adversary that has control over it. […] It’s about divesting and putting that company and the application in the hands of trusted agents which are either American businesses or friendly countries.” Rep. Carter on The Claman Countdown: “The House of Representatives has spoken. They have said we’re not going to shun our responsibility of protecting our homeland and our citizens. Instead, we’re not going to let a Chinese Communist Party-owned app operate here in America. Now, if they want to divest themselves and sell their company, […] that’s fine.” […] “This is a decision TikTok’s got to make. If they will divest themselves, then TikTok continues on and people will continue to enjoy it and continue to watch it.” […] “[The vote] was overwhelming in the House— 352 votes. I think that sends a strong message to the Senate. […] The Senate needs to take up this bill and they need to pass this bill. The White House has already said that they would sign it.” Rep. Crenshaw on the Brian Kilmeade Show: "If you're a company in China, you have to do whatever [the CCP] tells you, and you have to spy on whoever [the CCP] tells you to spy on." [...] "[They] can weaponize that kind of tool, and the Chinese have already been shown to have weaponized it. I don't want a situation where we're in an adversarial relationship with the Chinese Communist Party, and they have the ability to manipulate the minds and opinions of tens of millions of Americans."

Washington D.C. — The Energy and Commerce Committee advanced proposals today to improve health for patients. In a Subcommittee markup , the Health Subcommittee forwarded to the Full Committee 19 pieces of legislation.  As Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) said : “Many of the bills before us today reauthorize important programs that are due to expire September 30, and I am hopeful we can renew them in advance of that deadline, through regular order.   “This Committee has a rich history of plowing the hard ground necessary to legislate, including our bipartisan work to ensure we are moving forward timely reauthorizations, as well as new efforts—like the Lower Costs, More Transparency Act.    “I look forward to seeing all of these important initiatives be signed into law.”  Health Subcommittee Chair Brett Guthrie (R-KY) also added : “The legislation before us today will help to detect, diagnose, and treat chronic diseases and health conditions at earlier stages, improve the quality of life for individuals with disabilities and their families, help ensure Americans in rural communities have access to life-saving care, and provide additional resources to assist in the development of cutting-edge innovation.  Legislative vote summary:  H.R. 619 , the NAPA Reauthorization Act, led by Reps. Tonko, C. Smith, and Waters, was forwarded, as amended, to the Full Committee by a roll call vote of 26-0.  H.R. 620 , the Alzheimer’s Accountability and Investment Act , led by Reps. C. Smith, Tonko, and Waters, was forwarded, without amendment, to the Full Committee by a roll call vote of 26-0.  H.R. 7218 , the Building Our Largest Dementia (BOLD) Infrastructure for Alzheimer's Act of 2024 , led by Reps. Guthrie, Tonko, C. Smith, and Waters, was forwarded, without amendment, to the Full Committee by a roll call vote of 25-0.  H.R. 4581 , the Maternal and Child Health Stillbirth Prevention Act of 2023 , led by Reps. Hinson and Adams, was forwarded, as amended, to the Full Committee by a roll call vote of 25-0.  H.R. 4646 , the SIREN Reauthorization Act , led by Reps. D. Joyce and Dingell, was forwarded, as amended, to the Full Committee by a roll call vote of 24-0.  H.R. 6160 , To amend the Public Health Service Act to reauthorize a lifespan respite care program , led by Reps. Molinaro and Cárdenas, was forwarded, as amended, to the Full Committee by a roll call vote of 25-0.  H.R. 6960 , the Emergency Medical Services for Children Reauthorization Act of 2024 , led by Reps. Carter and Castor, was forwarded, without amendment, to the Full Committee by a roll call vote of 23-0.  H.R. 7153 , the Dr. Lorna Breen Health Care Provider Protection Reauthorization Act , led by Reps. Wild and Kiggans, was forwarded, without amendment, to the Full Committee by a roll call vote of 25-0.  H.R. 7251 , the Poison Control Centers Reauthorization Act of 2024, led by Reps. Chavez-DeRemer, Joyce, Davis, and Cherfilus-McCormick, was forwarded, as amended, to the Full Committee by a roll call vote of 23-0.  H.R. 7224 , To amend the Public Health Service Act to reauthorize the Stop, Observe, Ask, and Respond to Health and Wellness Training Program, led by Reps. Cohen, Wagner, Cárdenas, and Carter, was forwarded, without amendment, to the Full Committee by a roll call vote of 24-0.  H.R. 6829 , the Cardiomyopathy Health Education, Awareness, Research, and Training in the Schools (HEARTS) Act of 2023, led by Reps. Pallone and A. Kim, was forwarded, as amended, to the Full Committee by a roll call vote of 24-0.  H.R. 7189 , the Congenital Heart Futures Reauthorization Act of 2024, led by Reps. Bilirakis, Soto, Carter, Schiff, Salazar, and Cárdenas, was forwarded, as amended, to the Full Committee by a roll call vote of 24-0.  H.R. 3916 , the SCREENS for Cancer Act of 2023, led by Reps. Morelle and Fitzpatrick, was forwarded, as amended, to the Full Committee by a roll call vote of 24-0.  H.R. 5074 , the Kidney PATIENT Act, led by Reps. Carter and Kuster, was forwarded, without amendment, to the Full Committee by a roll call vote of 16-10.  H.R. 5526 , Seniors’ Access to Critical Medications Act of 2023, led by Reps. Harshbarger, Wasserman Schultz, and Davis, was forwarded, without amendment, to the Full Committee by a roll call vote of 19-6.  H.R. 2706 , the Charlotte Woodward Organ Transplant Discrimination Prevention Act, led by Reps. Cammack and Dingell, was forwarded, as amended, to the Full Committee by voice vote.  H.R. 5012 , the SHINE for Autumn Act of 2023, led by Reps. Y. Kim and Castor, was forwarded, without amendment, to the Full Committee by voice vote.  H.R. 7208 , the Traumatic Brain Injury Program Reauthorization Act of 2024, led by Reps. Pascrell and Bacon, was forwarded, as amended, to the Full Committee by voice vote.  H.R. 7406 , the DeOndra Dixon INCLUDE Project Act of 2024, led by Reps. McMorris Rodgers, DeGette, Cole, and Holmes Norton, was forwarded, as amended, to the Full Committee by voice vote. 

E&C Republicans Advance Bills Full Committee Washington, D.C. — In two markups today, the Subcommittee on Energy, Climate, and Grid Security and the Subcommittee on Environment, Manufacturing, and Critical Materials advanced solutions to modernize pipeline infrastructure, protect consumer choice, and address President Biden’s burdensome new EPA regulations that will crush American manufacturing and people’s livelihoods.  Energy, Climate, and Grid Security Subcommittee Markup:   Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) :   “To meet growing energy demands, we must modernize and expand our pipeline infrastructure.   “The U.S. has been blessed with an abundance of natural resources right under our feet, which we’ve been able to harness as a result of free market principles and an entrepreneurial spirit that’s uniquely American.   “We should be embracing this and building on it to enhance America’s energy security and competitive edge.   “At the same time, we also need to ensure Americans are free to choose the home appliances that work best for their lives.”   Energy, Climate, and Grid Security Subcommittee Chair Jeff Duncan (R-SC) :   “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.” Legislative Vote Summary: H.R. __ , To prohibit the Secretary of Energy from prescribing or enforcing energy conservation standards for clothes washers that are not cost-effective or technologically feasible, and for other purposes , was forwarded, without amendment, to the Full Committee by a roll call vote of 16 Yeas to 10 Nays.  H.R. __ , To prohibit the Secretary of Energy from prescribing or enforcing energy conservation standards for clothes dryers that are not cost-effective or technologically feasible, and for other purposes , was forwarded, without amendment, to the Full Committee by a roll call vote of 16 Yeas to 10 Nays.  H.R. __ , To prohibit the Secretary of Energy from prescribing or enforcing energy conservation standards for dishwashers that are not cost-effective or technologically feasible, and for other purposes, was forwarded, without amendment, to the Full Committee by a roll call vote of 15 Yeas to 10 Nays.  H.R. __ , To prohibit the Secretary of Energy from prescribing or enforcing energy conservation standards for refrigerators, refrigerator-freezers, and freezers that are not cost-effective or technologically feasible, and for other purposes, was forwarded, without amendment, to the Full Committee by a roll call vote of 15 Yeas to 10 Nays.  H.R. __ , To prohibit the Secretary of Energy from prescribing or enforcing energy conservation standards for room air conditioners that are not cost-effective or technologically feasible, and for other purposes, was forwarded, without amendment, to the Full Committee by a roll call vote of 15 Yeas to 10 Nays.  H.R.___ , Pipeline Safety, Modernization, and Expansion Act was forwarded, as amended, to the Full Committee by a roll call vote of 14 Yeas to 10 Nays.  Environment, Manufacturing, and Critical Materials Subcommittee Markup:   Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) :   “For decades, America has been the number one place to do business, while maintaining some of the best air quality in the world.   “We have achieved this success in part through laws that enable—not disable— the productive capacity of Americans, their communities, and the industries that support them.   “Unfortunately, that prosperity, that opportunity to work and thrive, is being threatened as the Biden administration advances radical environmental policies that will crush the American economy.”   Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) :   “Even as standards approach natural background levels, the Clean Air Act’s rigid timelines and outdated assumptions are making it near impossible for states to implement effective plans.   “And while states work on one set of standards, EPA imposes another round, all while ignoring the major sources of air pollution, and the practical experience of state regulators.   “The result is impractical requirements that create permit gridlock, and little prospect for meaningful improvement in air quality.   “Meanwhile America is less competitive. High-paying jobs will leave our shores, only for heavy manufacturing and production of critical goods to be done in foreign locations with weaker environmental and labor standards.” Legislative Vote Summary: H.R.___ , Air Quality Standards Implementation Act of 2024, was forwarded, without amendment, to the Full Committee by a roll call vote of 10 Yeas to 9 Nays.

Decision comes at the expense of America's energy security, jobs, and economy President Biden’s LNG export “pause” is a blatant political decision to appease his radical base at the expense of American energy security and the security of our allies. As Chair Cathy McMorris Rodgers (R-WA) said , “This is another gift to Putin.” Our European allies are desperately seeking American energy to counter Russia’s weaponization of its natural gas exports. In December 2023, more than 87 percent of U.S. LNG exports went to the European Union, United Kingdom, or Asian markets. President Biden’s LNG export pause weakens global energy security and undercuts our efforts to help Europe reduce its reliance on Russian energy.  If President Biden were serious about his rush-to-green agenda, he would unleash the production and export of clean, affordable, and reliable American LNG—which has roughly 40 percent lower lifecycle emissions than Russian LNG. American LNG has allowed us to reduce emissions more than any other nation, and we have the capacity to continue helping countries reduce their emissions even further.   Studies show that LNG exports could add upwards of $73 billion to the U.S. economy by 2040, create upwards of 453,000 American jobs, and increase U.S. held purchasing power by $30 billion. President Biden’s decision to pause LNG exports jeopardizes all of this—Congress must act to reverse this decision.   Don’t miss what Energy and Commerce Republicans are saying:

Energy and Commerce Committee Vice Chair Kelly Armstrong (R-ND) led a historic bipartisan Congressional delegation to Dubai, United Arab Emirates, for COP28. Members met with world leaders to discuss efforts to build a cleaner energy future. Throughout bilateral meetings and panel discussions on the international stage, E&C Members not only highlighted America's energy leadership but also underscored our commitment to environmental stewardship.  Check out these top photos from the trip:  From left to right: Dr. Jennifer Gordon of the Atlantic Council, Rep. Jeff Duncan (R-SC), Rep. Diana DeGette (D-CO), and Rep. Brandon Williams (R-NY). Click here to watch the panel on the importance of America’s nuclear leadership. Meeting with John Kerry, United States Special Presidential Envoy for Climate Meeting with Omar Sultan Al Olam, UAE Minister of Artificial Intelligence From left to right: ClearPath CEO Rich Powell, Rep. Garret Graves (R-LA), Rep. Scott Peters (D-CA), Rep. John Curtis (R-UT), and Rep. Tim Walberg (R-MI). Click here to watch the panel on how permitting reform is key to achieving our energy goals and reducing emissions. Meeting with Australian Officials Meeting with Dr. Sultan Ahmed Al Jaber, COP28 President, UAE Special Envoy for Climate Change, and Minister of Industry and Advanced Technology Conservative Climate Foundation (CCF) discussion at the U.S. Center on how Republicans are leading to promote American energy and climate solutions. From left to right: CCF Chair Heather Reams, Rep. Kelly Armstrong (R-ND), Rep. Buddy Carter (R-GA), and Rep. Mariannette Miller-Meeks (R-IA). Click here to watch the panel. Luncheon with Taiwanese Officials

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Communications and Technology Subcommittee Vice Chair Buddy Carter (R-GA), and 23 other Republican Committee members sent a letter to TikTok demanding answers regarding how the Chinese Communist Party is using the app as a tool to surveil and manipulate Americans.  From the letter: “ Disturbingly, millions of TikTok users have recently viewed videos glorifying Osama Bin Laden’s ‘Letter to America,’ which attempts to justify his horrific murder of 3,000 Americans in the September 11, 2001, attacks while also perpetuating ‘the antisemitic trope claiming the Jews ‘control your policies, media and economy.’” Key excerpts from exclusive reporting by FOX NEWS : “ A group of House Republicans is demanding more transparency from TikTok about how content is amplified and how much insight China has into those processes as accusations mount against the social platform that it’s boosting antisemitic videos. “‘On October 7, the Palestinian terrorist organization, Hamas, brutally attacked Israel and killed more than 1,400 people. Since this terrorist attack, disinformation related to the conflict has run rampant on your platform, stoking antisemitism, support, and sympathy for Hamas,’ they wrote to TikTok CEO Shou Zi Chew. “The letter is being led by Rep. Buddy Carter, R-Ga. It comes just days after TikTok was under fire for facilitating a surge in viral videos expressing support for Usama bin Laden’s 2002 'Letter to America' written in the wake of the Sept. 11, 2001, terror attacks.” […] “National security hawks have been wary of TikTok’s connection to China, with its parent company ByteDance being based in Beijing.” […] “The lawmakers are demanding to know how many employees at TikTok have connections to ByteDance, how the platform screens for misinformation and anti-Israel content amid the conflict with Hamas, and how its algorithms are curated, among other queries. “‘Given that roughly half of TikTok’s U.S. user base is under 25 years old, American youth are being exposed to extremely violent and disturbing images and videos," they wrote. "This deluge of pro-Hamas content is driving hateful antisemitic rhetoric and violent protests on campuses across the country. The CCP has already co-opted your platform, and it seems TikTok and TikTok’s employees are resigned to becoming a mouthpiece for antisemites, terrorists, and propaganda.’” ICYMI: In October, Chair Rodgers called on multiple tech companies, including TikTok, to brief the Energy and Commerce Committee on their moderation policies regarding the spread of illegal content posted by Hamas. CLICK HERE to read the full letter. CLICK HERE to read the Fox News story on the letter.

Preserving Choice in Vehicle Purchases Act passes House with Bipartisan Vote of 222-190 Washington D.C. —  Today, the House of Representatives took action on the  Preserving Choice in Vehicle Purchases Act  to protect America’s automotive future and stop California and President Biden from dictating the vehicles Americans can drive. The bill, led by Energy and Commerce Member John Joyce (R-PA), passed the house by a bipartisan vote of 222-190. As Chair Cathy McMorris Rodgers (R-WA) said , “Gas-powered cars are much less expensive than EVs and continue to outperform them in range, towing capacity, and their ability to operate in severe weather conditions.”  Environment, Manufacturing, and Critical Materials Subcommittee Chair Bill Johnson (R-OH) added , “If California is granted that EPA waiver, 17 states, representing 40% of the US market for new vehicles, are poised to adopt California’s exact standards. This would result in California effectively forcing their values and their mandates on all of us.” Rep. John Joyce said , “At its core, the vote on H.R. 1435 asks a very simple question: should consumers or the federal government decide what types of vehicles Americans can drive?”

Secretary of the Department of Health and Human Services Must Appoint NIH IC Directors Department of Health and Human Services (HHS) Secretary Becerra failed to follow the Constitution and the law to reappoint 14 senior NIH officials when their terms expired in December 2021. In fact, on May 5th, 2023, HHS agreed with Committee Republicans about the requirements to reappoint officials in a letter to House Energy and Commerce Committee Chair Cathy McMorris Rodgers – the same requirements they FAILED to meet. WATCH Rep. Buddy Carter (R-GA) share more: “I'd like to read a letter from the Department of Health and Human Services, from the Assistant Secretary for Legislation, Melanie Egorin, … and it says ‘NIH IC Directors are recommended for appointment by the NIH Director and approved for appointment by the Secretary of the Department of Health and Human Services.’ “It goes on to say, ‘once a suitable candidate has been identified, a selection package is forwarded to the HHS Secretary for review and approval. After the HHS Secretary approves the appointment, ethics and security clearance checks are conducted and the NIH processes the appointment action.’ " Anyone suggesting that the NIH Director can solely appoint NIH IC Directors is misinformed. Read the law: To the extent anyone is claiming the NIH Director can or did appoint these officials, HHS has not provided any documents that support any appointment by former NIH Director Francis Collins. At every step in our investigation , the Biden administration REFUSED to provide any concrete evidence that Secretary Becerra reappointed these top NIH officials as required by the Constitution and by law. Our request is simple: Show us the proof that Secretary Becerra lawfully reappointed these officials. To date, they have not. In fact, HHS’s lawyers had Secretary Becerra sign affidavits because there were no valid appointments. HHS has tried to spin these retroactive affidavits as additional “insurance" against any legal challenges. Notably, these affidavits didn’t include two NIH IC Directors, like Dr. Anthony Fauci, because they retired after December 2021. We know the truth. Secretary Becerra signing these affidavits amounts to a confession that he never signed off on the appointments in December 2021 as required by law. Bottom line: 14 NIH officials were unlawfully in positions and exercising authority they didn’t have, including approving $26 billion of grants. CLICK HERE to read more about our investigation. CLICK HERE to read Constitutional Law Professor Jonathan Turley’s analysis of the Committee’s investigation. CLICK HERE for a recap of E&C’s press conference.