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Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) today sent letters to five independent federal agencies urging the Biden-Harris administration appointees to abandon partisan efforts and instead focus remaining efforts on bipartisan, consensus items.   The letters state, “The results of the 2024 presidential election are now apparent and leadership of the [agency] will soon change. As a traditional part of the peaceful transfer of power, the [agency] should immediately stop work on any partisan or controversial item under consideration, consistent with applicable law and regulation.”    Click below to read each agency’s letter:   Consumer Product Safety Commission (CPSC) Federal Communications Commission (FCC)   Federal Trade Commission (FTC)   Federal Energy Regulatory Commission (FERC)   Nuclear Regulatory Commission (NRC) Note: In the letter, Chair Rodgers urges NRC to continue timely implementation of the ADVANCE Act. 

Letter comes on the eve of athletes competing in the Paris Olympics and after WADA’s President refused to attend an Energy and Commerce Committee oversight hearing Washington, D.C. — In a new letter to World Anti-Doping Agency (WADA) President Witold Banka, bipartisan House Energy and Commerce Committee leaders pressed for answers regarding WADA’s handling of positive doping cases within China’s national swimming team ahead of the Tokyo Olympics. The letter contains questions that bipartisan Committee Members would have asked during a recent Subcommittee on Oversight and Investigations hearing , which Mr. Banka was invited to attend but refused to appear. Witnesses that did testify at the hearing included: Michael Phelps, American swimmer and Olympic gold medalist   Allison Schmitt, American swimmer and Olympic gold medalist   Travis Tygart , Chief Executive Officer, United States Anti-Doping Agency (USADA) KEY EXCERPTS:   “We write today to express our sincere disappointment at your refusal to accept our invitation to attend and provide testimony at our recent Subcommittee hearing. Members of Congress have important questions for the World Anti-Doping Agency (WADA) and are especially concerned about recent reports of your handling of dozens of cases of doping within the Chinese swimming team.  “WADA purports to maintain the integrity of sports by creating a fair and competitive sporting environment free from doping. As a U.S. taxpayer supported entity, WADA has a responsibility to the American people to ensure this integrity by enforcing international testing requirements. We believe WADA has fallen short of this important mission. ”  [...]   “ We are particularly concerned with the excessive deference being extended toward CHINADA—a state-funded operation with leadership deeply intertwined with the Chinese Communist Party (CCP), as current [Chinese Anti-Doping Agency] CHINADA director Li Zhiquan also serves as a Committee Secretary for the CCP. At a meeting in 2023, Zhiquan called on CHINADA employees to be 'loyal to the party' and to 'hold high the great banner of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era.' Furthermore, WADA’s reported sponsorship arrangement with ANTA Sports—the Chinese athletic company sponsoring the Chinese Olympic Committee and China’s national swimming federation—could be perceived as a conflict of interest. Since WADA is expected to uphold and maintain international anti-doping standards, WADA’s apparent lack of skepticism and failure to enforce the rules against CHINADA is troubling. While we are aware that WADA has opened an investigation, we are concerned that international scrutiny was necessary to force due diligence that should be routine .”  [...]  “This incident unfortunately reinforces our concern that WADA appears to be reverting to its previous poor management practices.”  [...]  “With the Paris Summer Olympic Games Opening Ceremony just a day away , the Committee seeks to better understand the circumstances surrounding WADA’s decision not to appeal the decision to clear the twenty-three swimmers who tested positive for trimetazidine.”   BACKGROUND :  In January 2021, 23 Chinese swimmers (“23 swimmers”) tested positive for trimetazidine, or TMZ, a banned substance improperly used to increase stamina and hasten recovery times.  Three months after the positive tests, CHINADA initiated an investigation into the source of the TMZ and by June 2021 claimed the athletes ingested the banned substance through food tainted in a hotel kitchen.  According to reporting, Chinese investigators “offered no explanation […] for how a prescription drug available only in pill form had contaminated an entire kitchen.”  In reliance on “external legal advice” and its science department, WADA determined that CHINADA’s claims were “plausible” and chose not to appeal the decision or further investigate the matter.  Three of these Chinese swimmers went on to win gold medals at the Tokyo Olympic Games in July of 2021.  China has selected 11 swimmers that tested positive for TMZ before the Tokyo Games to compete in the upcoming Paris Games.  In a strikingly similar case, Kamila Valieva, a Russian figure skater, also tested positive for the banned substance TMZ during the 2022 Beijing Olympics.  The Russian Anti-Doping Agency (RUSADA) issued a provisional suspension but was quickly cleared by RUSADA’s discipline board, since Valieva claimed she ingested the substance by mistake through a contaminated source.  Rather than simply accept RUSADA’s contamination explanation, WADA appealed the decision and ultimately, Valieva received a four-year ban from competition and was retroactively stripped of her gold medal. The letter was signed by Committee Chair Cathy McMorris Rodgers (R-WA) and Committee Ranking Member Frank Pallone, Jr., (D-NJ), Subcommittee on Innovation, Data, and Commerce Chair Gus Bilirakis (R-FL) and Ranking Member Jan Schakowsky (D-IL), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) and Ranking Member Kathy Castor (D-FL). CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Oversight and Acoountability Committee Chair James Comer (R-KY) sent letters to eight federal agencies today following the recent Supreme Court decision on Loper Bright Enterprises v. Raimondo , in which the court overruled Chevron deference. Science, Space, and Technology Committee Chair Frank Lucas (R-OK) and House Agriculture Committee Chair GT Thompson (R-PA) joined Chairs Rodgers and Comer on an additional letter sent to the Environmental Protection Agency. KEY LETTER EXCERPT: “We write to call to your attention Loper Bright Enterprises v. Raimondo, a recent Supreme Court decision that precludes courts from deferring to agency interpretations when the statutes are ambiguous. In its decision, the Court explicitly overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required deference to agency interpretations of ambiguous statutes. By allowing such deference, the Court in Chevron enabled the ‘Administrative State’ to usurp the legislative authority that the Constitution grants exclusively to Congress in Article I. The Chevron decision led to broader, more costly and more invasive agency regulation of Americans’ lives, liberty, and property.   “Perhaps no administration has gone as far as President Biden’s in issuing sweeping Executive edicts based on questionable assertions of agency authority. The Biden administration has promulgated far more major rules, imposing vast costs and paperwork burdens, than either its most recent predecessors. Many of these rules...have been based on overreaching interpretations of statutes enacted by Congress years ago, before the issues now regulated were even imagined.   “The expansive Chevron deference has undermined our system of government, creating an unaccountable Administrative State. Thankfully, the Court has now corrected this pattern, reaffirming that ‘[i]t is emphatically the province and duty of the judicial department to say what the law is.’ Given the Biden administration’s record of agency overreach, we are compelled to underscore the implications of Loper Bright and remind you of the limitations it has set on your authority.”   CLICK HERE to read the letter to the Environmental Protection Agency. CLICK HERE to read the letter to the Federal Communications Commission.  CLICK HERE to read the letter to the Consumer Product Safety Commission.  CLICK HERE to read the letter to the Federal Trade Commission.  CLICK HERE to read the letter to Department of Commerce.   CLICK HERE to read the letter to the Department of Energy.  CLICK HERE to read the letter to the Federal Energy Regulatory Commission.  CLICK HERE to read the letter to the Nuclear Regulatory Commission.  CLICK HERE to read the letter to the National Highway Transportation and Safety Administration.

Washington, D.C. — House Energy and Commerce Committee (E&C) Chair Cathy McMorris Rodgers (R-WA), E&C Subcommittee on Communications and Technology Chair Bob Latta (R-OH), E&C Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), E&C Subcommittee on Innovation, Data, and Commerce Chair Gus Bilirakis (R-FL), and House Select Committee on the Chinese Communist Party, launched an investigation into grants made to an AI scientist at the University of California, Los Angeles (UCLA) with ties to the Chinese Communist Party (CCP).  The Chairs made requests for documents to UCLA, the National Science Foundation (NSF), and the U.S. Department of Defense (DOD).  BACKGROUND :  On November 1, 2023, a Newsweek investigation found that the federal government awarded at least $30 million in federal research grants led by Mr. Song-Chun Zhu, who is now “at the forefront of China's race to develop the most advanced artificial intelligence.”  The investigation further revealed the NSF and DOD continued funding Mr. Zhu even as he “set up a parallel institute near Wuhan, took a position at a Beijing university whose primary goal is to support Chinese military research, and joined a CCP ‘talent plan’ whose members are tasked with transferring knowledge and technology to China.”  In particular, Newsweek found that the project once led by Mr. Zhu received $1.2 million in two grants from the Office of Naval Research in 2021, the year following his departure to China.  KEY LETTER EXCERPT:   “Mr. Zhu has openly discussed how if China takes the lead in developing a ‘truly universal intelligence,’ then it will ‘become the winner of the international technology competition.’ He has also referred to the AI race as being equivalent in military importance to the race for the atomic bomb. In a period of intensifying geopolitical competition with the CCP, ceasing federal government support for Chinese AI development is a critical national security imperative.”  CLICK HERE to read the letter to UCLA Chancellor Gener Block.  CLICK HERE to read the letter to NSF Director Sethuraman Panchanathan.  CLICK HERE to read the letter to Defense Secretary Lloyd Austin. 

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL), on behalf of subcommittee Republicans, sent a letter to China-based e-commerce companies raising concerns over data privacy and security risks for American users, the counterfeit products flourishing on these platforms, and reports of horrific human rights abuses.   BACKGROUND:   China-based e-commerce marketplaces, like TikTok, TaoBao, Pinduoduo, Temu, Alibaba, AliExpress, and Shein, have recently increased in popularity in the U.S.  The Chinese Communist Party (CCP) requires that all Chinese tech companies allow the CCP to access all user information, raising serious data privacy and security concerns for Americans using these platforms .  These marketplaces commonly offer “knock off” versions of products, which often undermine intellectual property laws.  Furthermore, reports have alleged that some of the sellers on these platforms may have committed egregious human rights violations, including the use of forced labor and the selling of products, like wigs, that use hair from Uyghur women forced to shave their heads.  KEY LETTER EXCERPTS:   “The rise in popularity of apps and marketplaces like, TikTok, TaoBao, Pinduoduo, Temu, Alibaba, AliExpress, and Shein, has resulted in sharp public scrutiny regarding the business practices of these companies.”  […]  “Lax policies and practices are leaving American’s data at risk of theft, leading consumers to unknowingly purchase counterfeit goods. In addition to these lax policies and practices, it is important to ensure that supply chains are free of forced labor.”  The Chairs asked companies to respond to the following questions by January 12, 2024:   Please outline the steps taken to delete personal data when requested or ordered by a user, the parent of a user who is a minor, or others authorized to make such a request.  What protections do you have in place to prevent children from spending large amounts of money on your platform?  What data practices do you require of your third-parties?  What data practices do you require of your service providers?  Please individually confirm you are not collecting or compiling the following information:  Religious beliefs;  Political opinions;  Genetic data;  Biometric data;  Data concerning health;  Data concerning racial or ethnic origin;  Data about minors.  Similar to ByteDance, does your company have an internal CCP Committee?  Please document all meetings, communication, or interactions you—or any other senior company executives—have had with members of the Chinese government or the CCP while serving as officers.   Can you provide a complete software bill of materials for all components and components of the components in the mobile app? Please include the developer information and country of origin for all listed components.  Where does your company store the signing key for iOS and Android applications? How is access to the signing keys managed, and who are the developers with access to the signing keys for the mobile application?  Please detail the data security and protections you have to prevent unauthorized access to such signing key.  How frequently is your mobile app or backend security tested? Are they tested by US personnel? To what security standard are they tested?  How frequently is user location data transmitted? Within how many feet is this location data measured?  What compliance procedures do you have in place to ensure compliance with the INFORM Consumers Act ?  We have heard employees of companies associated with the Chinese government, such as TikTok, disagree with notion that Uyghur people are facing a genocide in the Xinjian region of China. Do you agree that there is a genocide occurring in the Xinjiang region of China?  Are you aware of the PRC’s persecution of the Uyghur people, including the reports that Uyghur women’s heads have been shaved to be used for products that are shipped into the U.S.?  Are there products using natural hair that originate in the Xinjiang region available on your e-commerce marketplace?  Are there any other products that have originated from, or contain components or material that originated from the Xinjiang region?  Given the human rights abuses occurring in the Xinjiang region, do you require any additional steps or increased scrutiny for products coming from such region?   If yes, please explain.   Can you unequivocally state that your supply chain is free of forced labor?  What steps are you taking to ensure that your supply chain does not include forced labor?   CLICK HERE to read the full letter to TikTok.  CLICK HERE to read the full letter to Whaleco Inc.  CLICK HERE to read the full letter to Alibaba.  CLICK HERE to read the full letter to Shein. 

Letter comes after Eventbrite censored conservative event while permitting pro-Hamas events Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), and Subcommittee on Innovation, Data, & Commerce Chair Gus Bilirakis (R-FL), along with Senate Commerce, Science, and Transportation Committee Ranking Member Ted Cruz (R-TX) today wrote Eventbrite President and CEO Julia Hartz. The letter raises concerns over Eventbrite’s enforcement practices. BACKGROUND :  On October 23, 2023, Eventbrite removed an event listing titled, “Protecting Women’s Sports with Riley Gaines,” from its platform.    This event was intended to be a public forum for participants, including female athletes, to express issues, experiences, and consequences of biological males competing in their competitions.  Eventbrite listed “Rahm 4 Palestine (GAZA): Talk & Dinner,” scheduled for October 27, featuring a headline speaker who, after the October 7 Israeli massacre, using his verified X account, publicly posted antisemitic messaging that was viewed more than 1 million times.  A sold-out conference scheduled for November 10 in Washington, D.C., “Palestine Center 2023 Annual Conference,” was promoted on Eventbrite.    In advertising this event, organizers referred to the country of Israel as “Israeli apartheid” under Eventbrite’s “About this event” tab.  KEY LETTER EXCERPTS :  “In the last few weeks, Eventbrite, it seems, has selectively enforced its terms of service by removing some events while allowing potentially violative events to remain on the site. We raise the issues below not to dictate or remove events and users from your marketplace, but to better understand your Community Guidelines enforcement process .”  […]  “We struggle to comprehend the rationale for removing this event, while other Eventbrite listings that seemingly violate several of Eventbrite’s Community Guidelines remain live, including some that feature speakers espousing allegiance to entities designated by the U.S. Government as foreign terrorist organizations.”  […]  “Because Gaines’s promotion of the widely held view to preserve women’s athletics starkly contrasts with events on Eventbrite featuring speakers sympathetic to mass murder, this leads us to wonder if pro-terrorist and antisemitic events and event speakers do not plainly violate Eventbrite’s prohibition of content that would ‘discriminate against, harass, disparage, threaten, incite violence against, or otherwise target individuals or groups based on their actual or perceived race, ethnicity, religion, national origin.’ We seek information on what metrics Eventbrite uses to enforce its Community Guidelines on selected issues such as women’s athletics versus terrorism and antisemitism .”    CLICK HERE to read the full letter. 

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.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Full Committee Ranking Member Frank Pallone, Jr. (D-NJ), Innovation, Data, and Commerce Subcommittee Chair Gus Bilirakis (R-FL), and Subcommittee Ranking Member Jan Schakowsky (D-IL) wrote to Meta and other online marketplaces today requesting information regarding efforts to end the sale of banned and recalled hazardous products on their platforms. KEY EXCERPTS FROM THE LETTER TO META: “The U. S. Consumer Product Safety Commission (CPSC) is tasked with keeping the public safe from consumer products that pose an unreasonable risk of injury or death. In addition to its own work, the CPSC relies on online marketplaces, like Meta, to keep consumers safe by preventing the posting for sale of products that are known to be dangerous. It is our understanding that Meta has been falling short on this mission.” […] “Meta’s failure to prevent recalled products from being posted for sale on its platform has resulted in your users and their children being placed at risk of purchasing and using a product that CPSC has found to pose a serious risk of injury and potential death.” BACKGROUND: The Consumer Product Safety Commission (CPSC) relies on online marketplaces to keep people safe by proactively preventing the sale of products that are known to be dangerous.  Recent reports suggest that at least one platform, Meta, has fallen short of that responsibility, despite numerous takedown requests from CPSC. CPSC has issued takedown requests to various platforms, including several takedown requests for recalled products related to infant deaths. CPSC has formally issued an approximately one thousand take down requests a month for these products. To date, the volume of takedown requests has not slowed, and CPSC staff is unaware of any proactive measures by the platform in question  to prevent these postings in the future. This lapse has resulted in thousands of users and their children being put at risk of using a product that has been found to pose serious risk of injury and potential death. The Chairs and Ranking members asked companies to provide answers to the following questions by August 31, 2023: What systems do you have in place to ensure recalled products that the CPSC has determined pose a serious risk of injury and potential death are not able to be posted to your marketplace? Do you have a compliance staff dedicated to consumer product safety issues? If so, how many full and or part time staff are on that team? What actions do you take to monitor CPSC recalls? What actions will you take to ensure that the Fisher Price Rock ‘n Play, Boppy Newborn Lounger, and similarly designed and/or other recalled products are not available on your platform moving forward? Are there statutory issues that are creating a gray area where it is unclear what the platform’s responsibilities are? Will you commit to working with the Committee to find a solution to this, to ensure that CPSC’s resources are not wasted on sending thousands of takedown requests for products that pose a known hazard and are for sale on your marketplace? CLICK HERE to read the full letter to Meta. CLICK HERE to read the full letter to Amazon. CLICK HERE to read the full letter to Walmart. CLICK HERE to read the full letter to Target. CLICK HERE to read the full letter to Bikelist. CLICK HERE to read the full letter to Ebay. CLICK HERE to read the full letter to Etsy. CLICK HERE to read the full letter to Goldin. CLICK HERE to read the full letter to Kidizen. CLICK HERE to read the full letter to Mercari. CLICK HERE to read the full letter to OfferUp. CLICK HERE to read the full letter to Poshmark. CLICK HERE to read the full letter to Reverb. CLICK HERE to read the full letter to TikTok. CLICK HERE to read the full letter to Pinduoduo. CLICK HERE to read the full letter to Alibaba. CLICK HERE to read the full letter to Shein.

Washington, D.C. — Following announcements this week from the National Highway Traffic Safety Administration (NHTSA) regarding new vehicle fuel economy standards and penalties on automakers, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) urged the administration to ease the burden for millions of Americans and stop its regulatory assault that’s handing the keys to America’s automotive industry over to China.   “At a time when prices for new vehicles are at all-time highs, NHTSA’s new fuel economy standards will add even more to the price tag, depriving people of safe, affordable vehicles. These new penalties put an additional burden on manufacturers as well, which will ultimately be passed along to the hardworking people of this county. This is another part of President Biden's full regulatory assault to force Americans to buy unaffordable electric vehicles and cede our automotive future to China.  “Increasing costs, limiting people’s choices, and decimating our energy independence is not a solution to beat China. If the Biden Administration is serious about road safety, affordability, and beating China, it should work to secure our supply chains, reduce regulatory burdens, and unleash American energy.”  NOTE: On Thursday, the Committee held a full markup of several solutions to end the Environmental Protection Agency’s (EPA) assault on the U.S. automotive industry and ensure Americans continue to have the ability to choose the vehicles and fuels that best serve their needs.  NOTE: Earlier this week, the Subcommittee on Innovation, Data, and Commerce held a bipartisan hearing on the future for self-driving vehicles, where NHTSA declined to testify.