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WASHINGTON, D.C.  – Last month, the House Committee on Energy and Commerce’s Subcommittee on Oversight and Investigations held a hearing diving deeper into concerning practices within our nation’s organ procurement and transplant system that were identified by a recent Health Resources and Services Administration (HRSA) investigation. During the two-panel hearing titled “Ensuring Patient Safety: Oversight of the U.S. Organ Procurement and Transplant System,” Committee Members heard from the Chief of the Organ Transplant Branch of HRSA regarding the agency’s recently released investigative report outlining shocking revelations about the system’s procedures that put patient safety at risk. The investigation examined an “index case” (KYDA-001) where the organ procurement organization (OPO) that services Kentucky was contacted shortly after the arrival of a patient who was experiencing cardiovascular collapse after an unintentional overdose. After it was determined that further treatment would be futile, the patient’s family made the decision to end life-sustaining treatment and move forward with organ donation via a process known as donation after cardiac (or circulatory) death (DCD). However, despite OPO and hospital staff noting signs of the patient’s improved neurologic function, discomfort, and even expression of fear at multiple points over the multi-day period between when the OPO was first contacted and the patient was brought to the operating room (OR), the decision to pursue organ recovery was not reversed until the physician in the OR became uncomfortable and refused to continue with the process. In addition to the index case, HRSA analyzed 351 unique cases of authorized, not recovered (ANR) patients. This means that the patients were considered for DCD recovery, but no organs were transplanted. The report shows that 103 of these cases, which is nearly 30 percent, “had concerning features.”  HRSA’s Organ Transplant Branch Chief, Dr. Raymond Lynch, testified about KYDA’s (Network for Hope) patterns that were identified in the report, which include: A failure to recognize neurologic function inconsistent or unfavorable for DCD organ recovery on initial patient assessment or subsequent follow up; A failure to work collaboratively with patients’ primary medical teams, including instances of potential violation of separation of roles in patient care; A failure to respect family wishes and appropriately safeguard the decision-making authority of legal next of kin; and A failure to follow professional best practices as well as policies and guidelines for collection of patients’ medical data. The second panel included witnesses from “Network for Hope,” the OPO involved in all of the cases that HRSA reviewed; the United Network for Organ Sharing (UNOS); and the current and recent past President of the Organ Procurement and Transplantation Network (OPTN) Board of Directors.  Chairman Joyce probed Network for Hope CEO, Mr. Barry Massa, for using the word “unique” to describe the index case, the same case where “...hospital staff [felt] extremely uncomfortable with the amount of reflexes patient is exhibiting,” during the procurement process. Congressman Gary Palmer (AL-06) questioned witnesses about an open letter that was issued after the Subcommittee’s September 2024 hearing and signed by the organ donation and transplant industry and community members, including individuals at UNOS and OPTN Board Members. The open letter, per HRSA’s report, “characterized the ongoing effort to improve patient safety through enhanced oversight as a ‘misinformation campaign,’” noting that “[i]t is time for it to stop.” Specifically, the letter portrayed the previous oversight efforts by this Committee as “[s]preading misinformation based on conspiracy theories and hearsay.” UNOS’s CEO, Dr. Maureen McBride, admitted to signing the letter.  The Committee has serious concerns about the message this letter sends both to those conducting oversight of the organ procurement and transplant system and to those who wish to speak up when they wish to report concerns or potential wrongdoing. Oversight of this issue is far from over, and the Committee remains committed to protecting patient safety and maintaining trust in the system to ensure transparency and accountability. As Chairman Guthrie said when recalling his personal experience with our nation’s organ procurement and transplant system, “The conclusion [of this process] is going to come when we have confidence in the system.” ###

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. 

Top Takeaways from our Oversight Hearing The Energy and Commerce Oversight and Investigations Subcommittee held a hearing with the Environmental Protection Agency (EPA) to examine President Biden’s $27-billion so-called “Greenhouse Gas Reduction Fund (GGRF).” The hearing further exposed how the program is vulnerable to waste, fraud, and abuse. Here are our top three takeaways: 1. The Biden administration is preparing to funnel taxpayer money to political allies to advance their rush-to-green agenda. Chair Cathy McMorris Rodgers (R-WA): One serious contender for a share of this 14-billion dollars is Power Forward Communities. This new entity, which has been formed to secure a Greenhouse Gas Reduction Fund award, is a coalition of several organizations, including Rewiring America. Rewiring America’s leadership includes a former Obama White House appointee, a former employee of liberal political action committees, and Democratic politician Stacey Abrams. Rewiring America is a project of the Windward Fund, which is controlled by Arabella Advisors. Arabella Advisors funnels donations to various left-leaning nonprofits. To give another example, the board of another applicant, the Coalition for Green Capital, includes former Biden administration officials and former senior staffer of the Democratic National Committee. These include David Hayes, a former senior official of President Biden’s White House Climate Policy Office, who was central to advancing President Biden’s climate agenda.” 2. The EPA could not confirm whether or not the Chinese Communist Party could receive money from the GGRF. Rep. Palmer (R-AL): Can you guarantee the American people that none of this money will wind up in the hands of the Chinese Communist Party?   EPA: Unfortunately, Congressman, the answer is a little more complicated.   3. The EPA is investing taxpayer funding in projects that the private sector doesn’t consider worthwhile and could not confirm what metric they would use to determine if a project actually reduced emissions. Rep. Kat Cammack (R-FL): So you’re just kind of building the metrics as you go along, is what I’m hearing? Bottom line: The Greenhouse Gas Reduction Fund is a $27-billion slush fund of taxpayer money that will be used by the Biden administration to fund its radical rush-to-green agenda. Energy and Commerce Republicans will continue our oversight efforts to stop this green corruption. CLICK HERE to watch the full hearing. CLICK HERE to learn more about our oversight efforts.

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, Climate, and Grid Security Subcommittee Chair Jeff Duncan (R-SC) and Congressman Richard Hudson (R-NC) led subcommittee members in a field hearing last week in Moore County, North Carolina, on enhancing America’s grid security and protecting the grid from vulnerabilities, including cyberattacks. Before the hearing, E&C Republicans toured the Duke Energy power substation that was attacked in December—leaving 45,000 homes and businesses without power for five days. America's electrical grid keeps our hospitals, military bases, homes, and businesses powered. We MUST make sure the grid is secure to keep people safe and our economy moving. The North State Journal : Members of the House Committee on Energy and Commerce came to Moore County for a Congressional field hearing about securing the nation’s energy grid on Friday, June 16. […] Rep. Richard Hudson, a member of the committee and resident of Southern Pines, called the field hearing essential and the start of a conversation. “This is a day we’ve been looking forward to for a long time. Testimony we hear today will set up a national discussion on grid vulnerability,” Hudson said in his opening statement. WNCN : Congressional leaders listened to testimony from a Duke Energy leader about the December power grid attack in Moore County. The attack crippled the electric grid for days and impacted 45,000 customers in the county. “This is a challenging thing for our whole industry,” Jeff Brooks, spokesperson for Duke Energy said. Brooks said the power company is making changes as grid attackers become more sophisticated. “Ways we can get essential equipment closer to the areas that we need it, to use mobile technology where we can. Plus, any deterrent measures we can in place,” Brooks said. Republican Congressman Richard Hudson lives in Moore County and was part of the hearing. He said adding cameras and walls to substations and bringing grids back online faster are just some solutions. “But that’s not enough,” Hudson said. Fox News’ Special Report with Brett Baier : “Tonight, a bipartisan group of lawmakers is calling for answers after a major cyber intrusion on several government agencies. “Tonight, Democrats and Republicans on the House Energy and Commerce Committee are calling on the Biden administration to brief them on the major cyberattack that hit multiple federal agencies including the Department of Energy, saying saving people's lives and livelihoods are counting on the committee's work to protect critical infrastructure.” […] “The attack happened as the committee headed to North Carolina for a field hearing on securing the nation's power grid. Last December, someone shot up to power substations in Moore County, knocking out power to 45,000 people for days. According to the Energy Department, attacks on the power grid were up 77% nationwide from 2021 to 2022. Lawmakers say private utility companies need to do more to prevent attacks.” […] “Lawmakers are also deeply concerned about the supply chain right now. It could take up to two years to get a replacement transformer.” […] “Republican Congressman Richard Hudson introduced a bill this week that would prohibit the energy secretary from changing energy efficiency standards for distribution transformers for the next five years.” Highlights from Energy and Commerce Committee Members: Subcommittee Chair Duncan : “There have been several grid security incidents that have occurred recently that we are examining as part of our oversight responsibilities. “Within the last year, we have seen electrical transmission substations attacked in Tacoma, WA and here in Moore County. Both of these attacks resulted in blackouts that affected tens of thousands of people for multiple days. “Prior to these incidents, we saw one of the nation’s most critical pipelines, the Colonial Pipeline, suffer a cyberattack that created fuel shortages and price spikes that lasted weeks.” […] “We are also gathering the perspectives of the electric industry and state partners, to learn how we can harden our grid, improve situational awareness, and support response efforts. […] “I look forward to learning more about the substation attack that occurred here in Moore County so I can share lessons learned with the electric utilities and state officials in my home state of South Carolina and with my colleagues back in Washington, D.C.” Rep. Hudson: “Earlier this morning, we toured the Duke Energy West End substation, one of two substations in Moore County that was intentionally attacked on the evening of December 3rd, leaving my house and 45,000 of my neighbors without power for up to ten days. “In the aftermath of the attack, our hospital was impacted, threatening medical treatments, schools were shutdown, businesses were affected, stoplights were dark, gas stations were closed, cell signal was impacted, and water couldn’t be heated. “Our region suffered millions of dollars in damage—and just before the Christmas holiday.” […] “Since this attack occurred, I have been in listening mode. I have heard from constituents, grid operators, community developers, and business owners who have concerns with our grid’s security and resilience—all against the backdrop of historic energy costs. I share these concerns. “That’s why, as I promised in the days following the attack, I have brought Washington to North Carolina today. “I want to show my colleagues not just the numbers and facts of grid security and resilience, but the people personally affected and their experiences.” Rep. Bob Latta (R-OH) : “By forcing states to adopt strict and specific spending targets... the funding is not as effective as it can be. One thing that we worry about is that one size fits coming out of Washington. What you do here in North Carolina might not work in Ohio.” […] “We need to hear from people in the states as they make these things work.” […] “My concern is – if we have a coordinated, massive attack, do we have the supply chain out there... because we have a vulnerability out there.” Rep. Larry Bucshon, M.D. (R-IN): “In recent years, we’ve all been confronted with just how vulnerable the grid is. Physical, cybersecurity threats, weather events, and a laze of maintenance all contribute to the uncertainty for providers and rate payers.” […] “It’s critically important that private companies work with governmental agencies, including law enforcement.” […] “We’re going to have to reassess critical infrastructure... and make sure there is good coordination to prevent these attacks that could affect not only a large portion of the American people, but our national security.” Rep. Gary Palmer (R-AL): “Depending on the time of year, when you knock out a system for a couple weeks, or longer, it’s not just about loss of business opportunities, it’s talking about loss of life.” CLICK HERE to watch the full field hearing. ICYMI: House Energy and Commerce Chair Cathy McMorris Rodgers and Ranking Member Frank Pallone requested briefings from the Biden administration last week following a major global cyberattack that affected several federal agencies, including the Department of Energy.

House Energy and Commerce Committee Republicans spoke in favor of S.J. Res. 11 , a resolution to disapprove of the EPA’s final rule, “Control of Air Pollution from New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards.” It passed the House Tuesday by a vote of 221-203. BOTTOMLINE: The EPA’s own estimates say their emissions standards for heavy-duty trucks could cost more than $8,000 per semi-truck. This will jack up prices for everything transported by truck, including food, clothing, building materials. The American people can’t afford this regulation and it’ll force small operators close up shop, which will wreak havoc across our supply chains. More from E&C Republicans below:

In a Full Committee markup today, the Energy and Commerce Committee passed solutions that will streamline broadband permitting to expedite deployment and reauthorize the Federal Communications Commission’s Spectrum Auction Authority. Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) on ensuring all Americans have access to reliable broadband services: ON CLOSING THE DIGITAL DIVIDE “High-speed broadband is an important part of our economy, yet many Americans, including in Eastern Washington, do not have access to reliable broadband. “In order to deploy broadband, providers need to go through burdensome permitting processes at the federal, state, and local level and the time to receive approval on a permit can range from several months to several years. “Our legislation would cut the red tape and ensure that this money can reach rural, unserved Americans quickly.” ON SPECTRUM “The Spectrum Auction Reauthorization Act would extend spectrum auction authority, make important changes to existing spectrum auction processes, and direct spectrum auction proceeds to fund critical programs. “This bill would promote our national security by providing $3.08 billion for our small communications providers to remove Huawei and ZTE from their networks. “It would authorize and fund Next Generation 9-1-1 technology to help our public safety officers and make sure Americans can reach emergency responders when they need it most. “Most importantly, this bill is a product of long bipartisan, bicameral negotiations, and I urge my colleagues to vote yes.” Communications and Technology Subcommittee Chair Bob Latta (R-OH): “The permitting bills we are considering today are an important step in ensuring that every American has access to high-speed broadband. “Since 2020, Congress has dedicated a record amount of money to support broadband deployment, culminating with Infrastructure Investment and Jobs Act. But spending is not enough. “The infrastructure law was a missed opportunity to enact meaningful permitting reform that is necessary to quickly build new networks. Today, we have the opportunity to fix that mistake.” Legislative Vote Summary: H.R. 3309 , the Standard Fees to Expedite Evaluation and Streamlining Act or the Standard FEES Act , sponsored by Reps. Gary Palmer and Patrick Ryan, was reported favorably, without amendment, to the House by a vote of 50-0. H.R. 3293 , the Expediting Federal Broadband Deployment Reviews Act , sponsored by Reps. Jeff Duncan and Angie Craig, was reported favorably, without amendment, to the House by a vote of 51-0. H.R. 3299 , the Deploying Infrastructure with Greater Internet Transactions and Legacy Applications Act or DIGITAL Applications Act , sponsored by Reps. Kat Cammack and Doris Matsui, was reported favorably, without amendment, to the House by a vote of 51-0. H.R. 3283 , the Facilitating the Deployment of Infrastructure with Greater Internet Transactions and Legacy Applications Act or Facilitating DIGITAL Applications Act , sponsored by Reps. Mariannette Miller-Meeks and Debbie Dingell, was reported favorably, without amendment, to the House by a vote of 51-0. H.R. 3343 , the Federal Broadband Deployment Tracking Act , sponsored by Reps. August Pfluger and Darren Soto, was reported favorably, without amendment, to the House by a vote of 51-0. H.R. 3565 , the Spectrum Auction Reauthorization Act of 2023 , sponsored by Reps. Cathy McMorris Rodgers and Frank Pallone, Jr., was reported favorably, as amended, to the House by a vote of 50-0. H.R. 3557 , the American Broadband Deployment Act of 2023 , sponsored by Rep. Buddy Carter, Nathaniel Moran, and Neal Dunn, was reported favorably, as amended, to the House by a vote of 27-23.

Washington, D.C. — House Energy and Commerce Committee members yesterday advanced solutions during a Communications and Technology Subcommittee markup . The bills will help streamline the permitting process and deploy broadband faster and more effectively, which will help Americans get connected in communities across the country and close the digital divide. The Communications and Technology Subcommittee took action on the following bills: H.R. 3309 , the “Standard Fees to Expedite Evaluation and Streamlining Act” or the “Standard FEES Act” led by Reps. Gary Palmer (R-AL) and Patrick Ryan (D-NY) was referred to the full committee by voice vote. H.R. 3293 , the “Expediting Federal Broadband Deployment Act” led by Reps. Jeff Duncan (R-SC) and Angie Craig (D-MN) was referred to the full committee by voice vote. H.R. 3299 , the “Deploying Infrastructure with Greater Internet Transactions and Legacy Applications Act” or “DIGITAL Applications Act” led by Reps. Kat Cammack (R-FL) and Doris Matsui (D-CA) was referred to the full committee, without amendment, by voice vote. H.R. 3283 , the “Facilitating the Deployment of Infrastructure with Greater Internet Transactions and Legacy Applications Act” or the “Facilitating DIGITAL Applications Act” led by Reps. Mariannette Miller-Meeks (R-IA) and Debbie Dingell (D-MI) was referred to the full committee, without amendment, by a voice vote. H.R. 3343 , the “Federal Broadband Deployment Tracking Act” led by Reps. August Pfluger (R-TX) and Darren Soto (D-FL) was referred to the full committee without amendment by a voice vote. H.R. 3345 , led by Committee Chair Cathy McMorris Rodgers (R-WA) was referred to the full committee without amendment by voice vote. H.R. 3291 , the American Broadband Deployment Act, led by Reps. Buddy Carter (R-GA) and Nathaniel Moran (R-TX) was referred to the full committee, as amended, by a recorded vote of 16-12. Note: Many of the bills originally noticed were included in an Amendment in Nature of the Substitute to H.R. 3291 , the American Broadband Deployment Act. CLICK HERE to watch and learn more about the markup.

Energy and Commerce Committee Republicans, led by Chair Cathy McMorris Rodgers (R-WA), spoke on the House Floor today in support of H.R. 1, the Lower Energy Costs Act. Don’t miss Energy and Commerce Republicans share how H.R. 1 will make life affordable again in America.