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Washington, D.C. — In a new letter to the National Telecommunications and Information Administration, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) requested information about the agency’s internet domain name registry agreement with Verisign, Inc. (Verisign). BACKGROUND :  The NTIA represents the United States government on the Governmental Advisory Committee of the Internet Corporation for Assigned Names and Numbers (ICANN), the multi-stakeholder, not-for-profit entity that was founded in 1998 to coordinate the Internet domain name system, among other Internet management-related activities. Since 2001, Verisign has operated the .com and .net domain name registries.   Verisign manages the .com registry under two agreements—a .com Registry Agreement between ICANN and Verisign and a Cooperative Agreement between the NTIA and Verisign.  Both of these agreements are in place through November 30, 2024.  As the expiration dates of these agreements approach, some have suggested that the NTIA should reassess certain aspects of both agreements.   Under the Cooperative Agreement’s terms, it will automatically renew on November 30, 2024, unless Verisign provides written notice of non-renewal within 120 days of its expiration.   The Department of Justice has previously recommended ICANN hold a competitive bidding process for renewals of registry agreements.   The current agreement, as amended, has allowed Verisign, with ICANN’s agreement, in each of the last four years of every six-year contract period, to increase the maximum price Verisign charges for yearly registration or renewal of a .com name by up to seven percent over the maximum price it charged in the previous year.   Verisign has since instituted a price increase of the maximum amount in every year it was allowed to do so.   KEY LETTER EXCERPT :  “With both a role in advising ICANN and as a party to the Cooperative Agreement, the NTIA bears responsibility for supporting a domain name system that enables the growth of online commerce. Both individual consumers and businesses depend on responsible management of the .com system. Monopolistic elements and excessive domain name price increases stifle the ability of potential .com registrants to conduct business online.  “As such, we seek more information about the NTIA’s process in considering the renewal of both the Registry Agreement and the Cooperative Agreement.”  CLICK HERE to read the letter. 

Washington, D.C. — In a new letter to the National Telecommunications and Information Administration (NTIA), House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) requested all communications between the agency and state broadband offices related to Broadband Equity, Access, and Deployment (BEAD) Initial Proposals. The letter comes amid concerns that NTIA is unlawfully pressuring states to rate regulate low-cost broadband plans required by the BEAD Program and following a May 15, 2024, hearing at which Assistant Secretary of Commerce for Communications and Information Alan Davidson committed to being more transparent about BEAD funding decision making.  KEY EXCERPT :  “Based on anecdotal evidence from different entities involved in the process, it appears that the NTIA may be evaluating initial proposals counter to Congressional intent and in violation of the law. Several Members of Congress have directly raised to you that the NTIA, through its review of initial proposals, is unlawfully regulating the rate of broadband through BEAD’s low-cost service option in direct conflict with the IIJA, which states: ‘Nothing in this title may be construed to authorize the Assistant Secretary or the National Telecommunications and Information Administration to regulate the rates charged for broadband service.’9 During Senate floor debate on the IIJA, Members of Congress agreed that this language meant that ‘no rate regulation of broadband services would be authorized or permitted by the NTIA or the Assistant Secretary who leads the NTIA as part of the state broadband grant program.’” “States have reported that the NTIA is directing them to set rates and conditioning approval of initial proposals on doing so. This undoubtedly constitutes rate regulation by the NTIA. Indeed, one state publicly posted the NTIA’s feedback that the agency would not approve their initial proposal without ’an exact price or formula’ for the state’s low-cost option. Without visibility into the approval process, Congress in unable to determine how widespread this practice is. When asked about this at oversight hearings, your responses have failed to provide clarity.”  BACKGROUND:  Congress appropriated an unprecedented $42.45 billion through the Infrastructure Investment and Jobs Act (IIJA) for the NTIA to administer the BEAD program.   The program was intended to ensure that all Americans, specifically those in unserved or underserved areas, have access to broadband.   The NTIA is responsible for managing and distributing this money to the states and territories.  The IIJA prohibits the NTIA from rate regulation.  The IIJA established a process for how states receive money from the NTIA for this program.   First, each of the 56 individual states and territories (state entities) were required to submit an Initial Proposal explaining their proposed process for awarding the funds.   The NTIA was then tasked with reviewing and approving each individual states entities’ proposal, after which funds would be allocated to the state to award.   Some states report that the NTIA is conditioning approval of their Initial Proposals on setting a specific price for low-cost broadband plans despite the prohibition on rate regulation.  Despite every state entity having submitted their initial proposals by the December 27, 2023, deadline, the NTIA has only approved 16 initial proposals as of the date of this letter.   Due to the opaque nature of the NTIA’s review and approval process, the Committee lacks the information necessary to assess whether NTIA is pressuring states to rate regulate and to understand why so few state entities initial proposals have been approved to move forward.  CLICK HERE to read the full letter to Assistant Secretary Davidson. 

At the direction of Speaker Mike Johnson (R-LA), Energy and Commerce Republicans are launching an investigation of allegations of rampant bias at NPR, which is funded by U.S. taxpayers. Check out this exclusive coverage in Fox News:  FIRST ON FOX : The House Energy & Commerce Committee is summoning the head of NPR before Congress to answer accusations the outlet has a left-wing bias despite receiving federal funds. Speaker Mike Johnson, R-La., directed House Republican leaders to open the probe, he told Fox News Digital. "The Committee has concerns about the direction in which NPR may be headed under past and present leadership. As a taxpayer funded, public radio organization, NPR should focus on fair and objective news reporting that both considers and reflects the views of the larger U.S. population and not just a niche audience," Committee Chairwoman Cathy McMorris Rodgers, R-Wash., wrote to NPR CEO Katherine Maher. She led Morgan Griffith, R-Va., chair of the subcommittee on oversight, and Bob Latta, R-Ohio, chair of the subcommittee on communications and technology, in asking Maher to publicly testify before Griffith’s panel next week.  [...]  Johnson told Fox News Digital of the probe, "In light of the recent, disturbing revelations about National Public Radio (NPR) and its leadership, I’ve directed Chair McMorris Rodgers and the Energy and Commerce Committee to conduct an investigation of NPR and determine what actions should be taken to hold the organization accountable for its ideological bias and contempt for facts. The American people support the free press but will not be made to fund a left-leaning political agenda with taxpayer funds."  Conservatives have long accused NPR of reporting with a left-wing bias while some of its funding is provided through federal grants and other government-backed dollars.  Those concerns were recently magnified when former NPR editor Uri Berliner asserted in an op-ed that the outlet mishandled critical stories that stemmed from Hunter Biden’s laptop hard drive and COVID-19 lab leak theories, among others, and that registered Democrats were vastly overrepresented in the newsroom, 87-0. "We also find it disconcerting that NPR’s coverage of major news in recent years has been so polarized as to preclude any need to uncover the truth. These have included news stories on matters of national security and importance, such as the Mueller report, the Hunter Biden laptop, and the COVID-19 origins investigation. On each of these issues, NPR has been accused of approaching its news reporting with an extreme left-leaning lens," the lawmakers wrote. They also took issue with Maher’s own past statements, including a 2021 TED Talk in which she said, according to the letter, "Our reverence for the truth might be a distraction that’s getting in the way of finding common ground and getting things done." "You yourself have stated that you view the First Amendment as ‘the number one challenge’ because speech protections make it ‘tricky’ to suppress ‘bad information’ and the ‘influence peddlers who have made a real market economy around it.’’ Ironically, both you and NPR have used the same First Amendment to protect your own views and statements," they wrote. CLICK HERE to read the full story on Foxnews.com. CLICK HERE to read the letter to Ms. Maher.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Communications and Technology Chair Bob Latta (R-OH), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) wrote to NPR CEO Katherine Maher regarding reports of political and ideological bias at the taxpayer-funded public radio organization. In addition to requesting answers to questions, the letter requests Ms. Maher appear before the Oversight and Investigations Subcommittee for a hearing on May 8, 2024. "The Committee has concerns about the direction in which NPR may be headed under past and present leadership. As a taxpayer funded, public radio organization, NPR should focus on fair and objective news reporting that both considers and reflects the views of the larger U.S. population and not just a niche audience," the Chairs wrote.   They continued , "We also find it disconcerting that NPR’s coverage of major news in recent years has been so polarized as to preclude any need to uncover the truth. These have included news stories on matters of national security and importance, such as the Mueller report, the Hunter Biden laptop, and the COVID-19 origins investigation. On each of these issues, NPR has been accused of approaching its news reporting with an extreme left-leaning lens." “In light of the recent, disturbing revelations about National Public Radio (NPR) and its leadership, I’ve directed Chair McMorris Rodgers and the Energy and Commerce Committee to conduct an investigation of NPR and determine what actions should be taken to hold the organization accountable for its ideological bias and contempt for facts. The American people support the free press but will not be made to fund a left-leaning political agenda with taxpayer funds.” said Speaker Mike Johnson (R-LA) regarding the effort. CLICK HERE to read the letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, wrote to National Institutes of Health (NIH) Director Monica Bertagnolli. In the letter, the Chairs ask the NIH to confirm by May 14, 2024, whether the agency has complied with White House guidance to stop funding projects led by researchers and entities in Russia.  BACKGROUND :  On June 11, 2022, the White House Office of Science and Technology Policy (OSTP) issued guidance stating such projects and programs that commenced and/or were funded prior to Russia’s further invasion of Ukraine in February 2022 may be concluded, but new projects in affected subject areas will not be initiated.   The OSTP advised applicable departments and agencies to curtail interaction with the leadership of Russian government-affiliated universities and research institutions, as well as those who have publicly expressed support for the invasion of Ukraine.  In a statement in an April 9, 2023, article in The Washington Times , the NIH’s Office of Extramural Research claimed that “NIH currently does not fund any research in Russia.”  However, the Data Abyss tracker for the OSTP Russia guidance on federal funding agencies indicates that, as of April 5, 2024, the NIH has potentially 240 instances of problematic research collaborations since June 2022 that do not comply with the guidance. CLICK HERE to read the letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, wrote to Department of Health and Human Services (HHS) Secretary Xavier Becerra.  The letter outlines concerns with the role HHS Office of Civil Rights (OCR) plays—or fails to play—in investigating instances of sexual harassment that occurs at research institutions which receive grants from the National Institutes of Health (NIH).  KEY EXCERPTS :  “There have been several public reports of sexual harassment occurring on NIH-funded research or NIH-supported activities over the last decade, and it raises concerns about what, if any, actions the NIH has taken to resolve these issues. The NIH’s own statistics show a significant problem with more than 300 cases related to sexual or gender harassment since 2018—with about a third of those allegations being substantiated. This also represents hundreds of men and women who may be forced to operate in a hostile or unsafe research environment.”  [...]  “According to the HHS website, OCR does investigate and resolve complaints of sexual harassment in the education and health programs of recipients of grants or other federal financial assistance from HHS—including the NIH. Moreover, HHS OCR is required to conduct periodic compliance reviews of institutional Title IX programs to ensure compliance with the law—including examining the way in which complaints are handled by the institution.”  The Chairs have requested answers to questions about HHS OCR’s role by April 30, 2024.  BACKGROUND :  Based on a recommendation from the U.S. Government Accountability Office (GAO), HHS OCR and the NIH adopted a memorandum of understanding (MOU) to facilitate communication between the two components of HHS as it relates to sexual harassment.   This MOU was intended to clarify procedures on how the enforcement arm of HHS and the grant-making arm share valuable information with one another in an effort to respond appropriately to complaints of sexual harassment and prevent federal grant money from going to those with a history of sexual misconduct.   TIMELINE OF INVESTIGATION :  August 10, 2021 : E&C Republican Leaders Question NIH’s Handling of Sexual Harassment Complaints  August 11, 2022 : E&C Republican Leaders follow up with NIH on Insufficient Response to its Letter on the NIH’s handling of Sexual Harassment  November 30, 2022 : E&C Republicans to NIH: Turn Over Previously Requested Information Ahead of New Congress  March 14, 2023 : E&C Republicans Press NIH for Information on Handling of Sexual Harassment Complaints  October 6, 2023 : E&C Republicans Signal Intent to Issue Subpoenas to Obtain Information on NIH’s Handling of Sexual Harassment if Questions Go Unanswered  January 26, 2024 : Chair Rogers notifies NIH of Imminent Subpoena  February 5, 2024 : Chair Rodgers Subpoenas NIH for Documents Related to Investigation into Sexual Harassment at NIH and NIH Grantee Institutions February 20, 2024: HHS Responds on behalf of NIH to offer a rolling in camera document review to the Committee. Documents produced in the review have been highly redacted, including the redaction of the names of individuals convicted of criminal offenses, public news articles about individuals who have been found guilty of harassment, and redaction of the names of the institutions where the abuse occurred—effectively preventing the Committee from understanding if NIH continues to fund work performed by substantiated abusers at other institutions—a practice known as “pass the harasser.”

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), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight subcommittee Republicans, wrote to Food and Drug Administration (FDA) Commissioner Robert Califf regarding how the agency handles internal scientific disagreements. Of particular concern to the Committee is whether FDA scientists face possible retaliation for expressing differing scientific views. In the letter, the Chairs note they are prepared to pursue compulsory measures should the FDA fail to respond in a timely, good-faith manner. KEY LETTER EXCERPTS : “ [I]n August 2021, the FDA announced two top vaccine regulators were leaving the agency. One reason cited for the departures was that they were upset about the Biden administration’s announcement that adults should get a coronavirus booster vaccination eight months after they received their second shot. Neither reportedly believed there was enough data to justify offering booster shots yet, and both viewed the announcement by President Biden as pressure on the FDA to authorize the shots quickly. It is unknown whether the FDA dispute resolution process was used, and if not, why not. We are concerned that the FDA may have retaliated against career FDA regulators who were viewed as insufficiently cooperative with the Biden administration’s agenda. ” […] “Given the renewed interest in updated scientific integrity policy, the Committee seeks information on the adequacy of the FDA’s existing policies for handling scientific disagreements, and whether FDA leadership has taken retaliatory actions against dissenting FDA officials." BACKGROUND : A September 2023 Government Accountability Office (GAO) report highlighted the Department of Health and Human Services’ (HHS) interest in developing processes for differing scientific opinions. The GAO also noted that the FDA has existing dispute resolution policies and may continue to use them when the updated scientific integrity policy is finalized. In addition, the GAO has issued two other recent reports that are pertinent to the FDA’s handling of internal scientific disagreements. In June 2012, the HHS Office of Inspector General (OIG) issued a study, Scientific Disagreements Regarding Medical Device Regulatory Decisions . The OIG found that accountability for the completeness of administrative files related to scientific disagreements was unclear as Not all Center for Devices and Radiological Health (CDRH) managers and reviewers received training on the new procedures CDRH faced broader challenges in identifying and resolving scientific disagreements because of uncertainty about regulatory definitions and processes and staff perceptions about expressing differences of opinion Further, the OIG recommended that the FDA: (1) define more clearly its requirements for documenting and resolving scientific disagreements (2) train all reviewers and managers on the new policies and procedures for resolving scientific disagreements (3) more clearly assign accountability for the contents of the administrative files of all submissions The FDA concurred with all three recommendations. The Chairs requested a response with the following information by January 17, 2024:  Copies of the administrative files related to all internal scientific disagreements at the FDA since January 1, 2018, documenting whether and/or how the resolution was reached and the basis, including any joint memoranda. All documents since January 1, 2018, related to the Office of Chief Scientist handling of appeals of internal scientific disagreements at the FDA. All documents related to the scientific disagreement within the FDA over coronavirus booster vaccination during summer 2021. If the internal process was not used, please provide all documents related to any changes in decision-making authority on the coronavirus booster vaccination during summer 2021 (e.g., authority removed from the director and deputy director of the Center for Biologics Evaluation and Research (CBER) vaccines office and reassigned to the CBER director). All documents since January 1, 2018, related to all instances where decision-making authority was removed from FDA officials involved in regulatory decisions. CLICK HERE to view the full letter.

Chairs signal intent to subpoena if FDA continues stonewalling crucial request 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 Griffth (R-VA), on behalf of the Health and Oversight Republicans, sent a letter to Food and Drug Administration (FDA) Commissioner Robert Califf. The letter follows up on a previous request for information related to the agency’s foreign drug inspection program and comes amid the Committee’s work to address drug shortages . To date, the FDA has not provided any response to the Committee.  KEY LETTER EXCERPT :  “The U.S. cannot afford additional disruptions to the drug supply chain that reduce the availability of essential medications and force doctors and patients to make difficult treatment decisions. Members of this Committee have repeatedly expressed concern regarding the effectiveness of the FDA’s foreign drug inspection program, including at two separate hearings this Congress before the Subcommittee on Oversight and Investigations and the Subcommittee on Health. Addressing drug shortages remains a top priority for the Committee.”  BACKGROUND :  Since the Committee’s July letter to the FDA, there have been additional drug recalls from Indian manufacturers and plant closures in the United States.   In August, Indian drug manufacturers, Alembic and Aurobindo Pharma, issued voluntary drug recalls citing quality and manufacturing deficiencies, respectively.   Alembic recalled over 80,000 bottles of tobramycin, used to treat bacterial eye infections, due to “failed impurities/degradation specifications.”  Aurobindo recalled rufinamide tablets used to treat seizure disorders.  Both companies have a history of drug recalls and quality control failures.   Last year, the FDA issued Alembic a Form 483, which cited its manufacturing plant in Panelav, Gujarat with four observations following a 10-day inspection.  It has come to light that the FDA ended its unannounced foreign inspection program out because the agency believed it was an obstacle to deeper collaboration with India.   The reporting also alleges that the FDA undermined a Department of Defense initiative to independently test the quality of imported drugs used by the military out of fear that it would undermine the FDA’s credibility.   In addition, a newly published study has confirmed that FDA foreign inspections in 2022 were down 79 percent compared to 2019 while at the same time the number of “citations rose dramatically, despite all establishments being given advance notice of inspections.”   ADDITIONAL BACKGROUND :  Domestic production of vital medicines continues to be under stress.   In early August, Pfizer announced it would limit the distribution of injectable drugs manufactured at its North Carolina plant after the facility suffered damage in the aftermath of a tornado.   In September, autoinjector maker Aktiv Pharma Group (“AktiVax, Inc.”), which produces autoinjectors to treat life threating conditions, announced the closure of three manufacturing facilities.   Just last year, the company w as awarded over $45 million to supply a nerve agent antidote to the Strategic National Stockpile. While shortages of cancer drugs appear to have eased slightly in recent months, demand continues to outstrip supply .  The Chairs are prepared to issue a subpoena if the FDA does not produce the requested documents January 5, 2024. CLICK HERE to read the letter.