Rep. Michael Burgess

Contact

Capitol Office

2161 Rayburn House Office Building

Washington, DC 20515

(202) 225-7772

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District

Texas – 26th District

Texas – District 26

Subcommittees (3)

9 Updates

Energy

11 Updates

Health

11 Updates

Oversight & Investigations

Biography

After spending nearly three decades practicing medicine in North Texas I have served the constituents of the 26th District since 2003 in the United States House of Representatives.

I currently serve on the House Energy and Commerce Committee, House Rules Committee, and House Budget Committee.

As of the 115th Congress, I am the most senior medical doctor, on both sides of the aisle, serving in the House of Representatives. Because of my medical background, I have been a strong advocate for health care legislation aimed at reducing health care costs, improving choices, reforming liability laws to put the needs of patients first, and ensuring there are enough doctors in the public and private sector to care for America’s patients and veterans. I have voted to repeal the Affordable Care Act over 50 times, and have played an important role in bipartisan efforts to reform the Food and Drug Administration.

Ever since I came to Congress, I have made repealing Medicare's Sustainable Growth Rate (SGR) formula a top priority. At the beginning of the 114th Congress, over ninety percent of both chambers of Congress supported the formula's repeal and it was signed into law. As one of the largest entitlement reforms in the past few decades, this landmark policy will ensure greater access and quality for seniors, more stable reimbursements for providers, and a more fiscally solvent Medicare system as a whole.

As a member of Congress representing one of the fastest-growing areas of the country, transportation is also a top priority. In 2005, I successfully amended the Highway Bill to include development credits, design-build, and environmental streamlining. During my time on Capitol Hill, I have worked to build, maintain, and improve the safety of our roads, bridges, air service, and transit in the North Texas region.

As a fiscal conservative, I believe Americans deserve a federal government that is more efficient, more effective, less costly, and always transparent. I am a proponent of a flat tax and have introduced a flat tax bill every term I have served in Congress. I follow a strict adherence to the Constitution and oppose unnecessary expansion of the federal government’s control over the personal freedoms of Americans. Instead, I believe in giving people more control over their lives and their money. I am committed to reducing illegal immigration into our country and have taken action to ensure our borders are secure and our immigration laws are enforced. I strongly oppose any proposal to grant amnesty to illegal immigrants.

During my time on Capitol Hill, I have earned a reputation as a problem-solver who seeks sensible solutions to the challenges Americans face and have received several awards including the Guardian of Small Business award by the National Federation of Independent Business (NFIB); the Spirit of Enterprise award by the U.S. Chamber of Commerce; and the Taxpayer Hero award from the Council for Citizens Against Government Waste; among others. In 2013, I was named to Modern Healthcare’s 50 Most Influential Physician Executives and Leaders.

Today, I represent the majority of Denton County and parts of Tarrant County. I was raised in Denton, and attended The Selwyn School, graduating in 1968 as valedictorian. In addition, I graduated with both an undergraduate and a master’s degree from North Texas State University, now the University of North Texas.

I received my M.D. from the University of Texas Medical School in Houston, and completed my residency programs at Parkland Hospital in Dallas. I also received a master’s degree in Medical Management from the University of Texas at Dallas, and in May 2009 was awarded an honorary Doctorate of Public Service from the University of North Texas Health Sciences Center.

My wife, Laura, and I have been married for more than 40 years. We have three children and two grandsons.

Texas – District 26

Contact

Subcommittees (3)

Biography

After spending nearly three decades practicing medicine in North Texas I have served the constituents of the 26th District since 2003 in the United States House of Representatives.

I currently serve on the House Energy and Commerce Committee, House Rules Committee, and House Budget Committee.

My wife, Laura, and I have been married for more than 40 years. We have three children and two grandsons.

District

News & Announcements

Sep 23, 2024

Press Release

Chair Rodgers Applauds House Passage of Nine Health Bills

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement after the House passed nine health bills: “These bipartisan bills will help improve the health and wellbeing of the American people, including individuals battling Alzheimer’s and children suffering from rare diseases, as well as those living with a disability. I’m grateful to my Energy and Commerce colleagues for moving the bills through regular order and will work to see them signed into law.” BACKGROUND : H.R. 8108 – To amend title XIX of the SSA to add a Medicaid State plan requirement with respect to determination of residency of certain individuals serving in Armed Forces: Led by Reps. Jen Kiggans (R-VA) and Marcy Kaptur (D-OH) Requires States to continue to provide Medicaid coverage for (or retain waiting list placement for) active-duty military families who are receiving home and community-based services (or are on the waitlist to receive such services) in the event that the family moves out of state for military relocation. Passed the House unanimously. Passed out of the House Energy and Commerce Committee unanimously on September 18, 2024. S. 133 – NAPA Reauthorization Act : Led by Senator Susan Collins (R-ME) Reauthorizes and makes improvements to the National Alzheimer’s Project including expanding the membership of the project’s advisory council. Passed the House unanimously. House companion (H.R. 619), led by Reps. Paul Tonko (D-NY) and Chris Smith (R-NJ), passed out of the House Energy and Committee unanimously on March 20, 2024. S. 134 – Alzheimer’s Accountability and Investment Act : Led by Senator Susan Collins (R-ME) Requires the NIH to continue to submit an annual budget estimate to Congress to achieve the initiatives and goals included in the National Plan to Address Alzheimer’s Disease. Passed the House unanimously. House companion (H.R. 620), led by Reps. Chris Smith (R-NJ) and Paul Tonko (R-NY), passed out of the House Energy and Commerce Committee unanimously on March 20, 2024. H.R. 6829 – HEARTS Act : Led by Rep. Frank Pallone, Jr. (D-NJ) Promotes student access to AEDs and CPR in schools, including educational materials, training programs, and equipment. Passed the House unanimously. Passed out of the House Energy and Commerce Committee unanimously on March 20, 2024. H.R. 3884 – Sickle Cell Disease and Other Heritable Blood Disorders Research, Surveillance, Prevention, and Treatment Act : Led by Reps. Michael Burgess, M.D., (R-TX) and Danny Davis (D-IL) Reauthorizes programs and activities under the CDC and the Health Resources and Services Administration (HRSA) aimed to support research, prevention, and treatment for sickle cell disease and other heritable blood disorders through fiscal year 2028. Passed the House unanimously. Passed out of the House Energy and Commerce Committee unanimously on July 19, 2023. H.R. 2706 – Charlotte Woodward Organ Transplant Discrimination Prevention Act : Led by Reps. Kat Cammack (R-FL) and Debbie Dingell (D-MI) Prohibits health care providers and other entities from denying or restricting an individual's access to organ transplants solely based on an individual's disability, except in limited circumstances. Passed the House unanimously. Passed out of the House Energy and Commerce Committee unanimously on March 20, 2024. H.R. 5526 – Seniors’ Access to Critical Medications Act : Led by Reps. Diana Harshbarger (R-TN) and Debbie Wasserman Schultz (D-FL) Amends the physician self-referral law to permit Medicare patients to receive prescription drugs via caregivers picking up drugs on the patient’s behalf or via mail or couriers delivering the drug to the patient in instances when a provider prescribes a drug to be dispensed by a pharmacy that falls under the self-referral law’s definition of an in-office ancillary service. Passed the House unanimously. Passed out of the House Energy and Commerce Committee unanimously on June 12, 2024. H.R. 3433 – Give Kids a Chance Act : Led by Reps. Michael McCaul (R-TX) and Anna Eshoo (D-CA) R eauthorizes the Food and Drug Administration (FDA) rare pediatric disease priority review voucher (PRV) program through fiscal year 2029. Requires the FDA to establish an office in an Abraham Accord country. Allows the Secretary of Health and Human Services to collect registration fees and distribute these fees to support the operation of Organ Procurement and Transplantation Network. Passed the House unanimously. Passed out of the House Energy and Commerce Committee unanimously on September 18, 2024. H.R. 7189 – Congenital Heart Futures Reauthorization Act : Led by Reps. Gus Bilirakis (R-FL) and Darren Soto (FL) Reauthorizes and makes improvements to the national congenital heart disease research, surveillance, and awareness program at the CDC through fiscal year 2029. Passed the House unanimously. Passed out of the House Energy and Commerce Committee unanimously on March 20, 2024.

May 14, 2024

Letter

E&C Republican Leaders Press Biden EPA for Answers About Grants Awarded to Political Allies

Washington, D.C. — In a new letter to Environmental Protection Agency (EPA) Administrator Michael Reagan, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), and Subcommittee on Environment, Manufacturing, and Critical Materials Chair Buddy Carter (R-GA), on behalf of the Oversight and Environment Subcommittee Republicans, are pressing for answers about the recently-awarded Greenhouse Gas Reduction Fund (GGRF) grants. KEY LETTER EXCERPTS : “As you know, the Committee has questioned how the Environmental Protection Agency (EPA) planned to distribute the $20 billion available to selected recipients under the new GGRF program, including the $14 billion for the National Clean Investment Fund (NCIF). Specifically, the Committee cited warnings that the EPA could use these large awards to subsidize favored organizations. At a January 30, 2024, Subcommittee on Oversight and Investigations hearing, Committee Chair Cathy McMorris Rodgers highlighted examples of former Biden administration officials and Democratic campaign staff in leadership roles of organizations vying for NCIF funding. Predictably, the EPA’s April 4, 2024, announcement of NCIF recipients confirmed our fears that this program would funnel taxpayer dollars to political allies.” [...] “Other individuals with ties to Democratic politics also lead organizations partnering with these recipients. While the EPA insists it had ethics rules and a fair competition policy in place, doling out billions of dollars to organizations led by politically connected individuals undermines public trust in the legitimacy of the federal financial awards process. It also furthers the concern that this program was created as an excuse to hand out funding to political allies.” The Chairs cited more than a dozen examples of politically connected leaders of organizations to which EPA plans to distribute billions of taxpayer dollars, and have requested a list of all of the nearly two dozen stakeholder meetings the EPA held in designing the program, including the dates, names of the individuals and organizations participating as well as any related minutes or memoranda by May 28, 2024. CLICK HERE to read the full letter.

May 3, 2024

Blog

What We Learned: Change Healthcare Cyber Attack

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.

Letters

Apr 2, 2026

Press Release

Chairman Guthrie Leads E&C Republicans in Letter to Secretary Duffy Praising Proposed Rule on CAFE Standards

WASHINGTON, D.C. – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, led a letter along with 28 Republican members of the Committee to Department of Transportation Secretary Sean Duffy in support of the Trump Administration’s proposed rule to address the Corporate Average Fuel Economy (CAFE) standards.

The proposal from the National Highway Traffic Safety Administration (NHTSA) is reversing the overreach created by standards issued by the Biden-Harris Administration and ensuring that families—not politicians—pick the car that best serves their needs.

“The Biden-Harris Administration’s NHTSA established unlawful fuel economy standards that served as a de facto electric vehicle mandate,” said Chairman Guthrie. “The rule instituted aggressive fuel economy targets that could only be achieved through broad vehicle electrification, made improper assumptions on vehicle electrification, expressly considered ‘dedicated automobiles,’ and allowed consideration of the fuel economy credit program in establishing fuel economy standards.”

Key excerpt from the letter:

“In June 2025, NHTSA appropriately concluded that the previous Administration’s approach contradicted EPCA and exceeded the agency’s authority. NHTSA’s new proposal appropriately brings the CAFE program back in statutory compliance and aligns with congressional intent in establishing the program through setting achievable fuel economy targets, not picking winners and losers in the marketplace, and addressing credit trading.

“Even during a time when Americans were already struggling to afford groceries due to Biden-inflation, the Biden-Harris Administration plowed ahead with CAFE standards that were projected to increase the average cost of new motor vehicles. By contrast, your Department’s proposed standards are estimated to save American families approximately $109 billion over the next five years. Regulatory costs often price consumers out of newer vehicles, meaning fewer Americans would have access to new motor vehicle safety technologies. The current proposal is estimated to save more than 1,500 lives and prevent nearly 250,000 serious injuries by improving access to newer vehicles.”

BACKGROUND:

The Biden Administration used the Department of Transportation (DOT) and the National Highway Traffic Safety Administration (NHTSA) to impose de-facto EV mandates, driving up prices and reducing options for American families.
When drivers aren’t incentivized with taxpayer subsidized handouts to purchase an EV, their sales have plummeted. According to data from Cox Automotive, EVs totaled nearly 12% of the U.S. market in September, a record high. In January, that share dropped to 6%.
By addressing fuel economy standards, President Trump and his administration are ensuring that Americans are not forced into purchasing costly EVs that they do not want to buy.
By reducing costs and making newer, safer vehicles more affordable, this proposal is projected to save more than 1,500 lives and prevent nearly 250,000 serious injuries.

CLICK HERE to read the full letter.
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Apr 1, 2026

Press Release

ICYMI: New York Post Feature: House GOP Subpoenas California Official Over Refusal to Drop EV Mandate

WASHINGTON, D.C. – In case you missed it, the New York Post recently published an article highlighting Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, issuing a subpoena to California Air Resources Board (CARB) Chair Lauren Sanchez after the agency failed to comply with the Committee’s requests for documents related to California’s electric vehicle (EV) mandate and its continued implementation of regulations nullified by Congress.

In Case You Missed It:

“A powerful House panel took the extraordinary step of subpoenaing a California official, claiming her agency had refused to hand over relevant records during a seven-month investigation into the state’s electric vehicle (EV) mandate, according to a letter obtained by The Post.

“The House Energy and Commerce Committee issued the subpoena to California Air Resources Board Chair Lauren Sanchez on Monday, demanding communications and documents regarding regulations that Golden State officials said would transition away from gas-powered vehicles by 2035.

“‘Forcing Americans to buy unreliable, and costly, EVs would eliminate consumer choice, strain our electric grid, raise costs, and increase our reliance on entities tied to the Chinese Communist Party,’ House Energy and Commerce Chairman Brett Guthrie (R-Ky.) told The Post.

“‘We will continue to follow the facts and demand accountability from California. I urge California to comply with this subpoena speedily and in good faith.’

“A CARB spokesperson responded that the agency in the past ‘has provided information and documents,’ including on ‘California’s longstanding authority under the Clean Air Act and the actions CARB has taken to protect public health and welfare in the state.’

“‘CARB’s goal is to support the Committee’s legislative inquiry through a transparent, cooperative exchange of information,’ the rep added.

“The Biden administration had signed off on waivers for California to impose the regulations — but President Trump nullified the waivers last June in response to three resolutions that passed on a bipartisan basis in the House and Senate.

“At a White House bill-signing event, Trump boasted that the three Congressional Review Act resolutions would ‘kill the California mandates forever.’

“But Guthrie wrote in a letter accompanying the subpoena that California has still been ‘denying auto manufacturers approval to bring vehicles to market unless the manufacturers agreed to comply with the regulations that had already been nullified through these CRA resolutions.’

“‘After months of negotiations, CARB’s lack of cooperation with this investigation requires the issuance of compulsory process,’ Guthrie told Sanchez in the missive.

“The CRA resolutions targeted waivers that had allowed the state to impose higher vehicle pollution standards than are in effect at the federal level under provisions of the Clean Air Act.

“Those standards — such as the Advanced Clean Trucks (ACT), Advanced Clean Cars (ACC) and Heavy-Duty Omnibus Law-NOx regulations — were championed by California Gov. Gavin Newsom and later became a template for more than a dozen other states.

“Section 209(b) of the Clean Air Act prohibits states from implementing emissions standards on new cars or engines that differ from those imposed by the federal government, unless they obtain a waiver.

“Newsom, California Attorney General Rob Bonta and the California Air Resources Board shortly after joined with a group of 10 other state AGs to sue the Trump administration for disapproving of the waivers for EV regulations in June.

“That’s led to a lengthy federal court battle, which is currently being heard by the San Francisco-based Ninth Circuit Court of Appeals.

“Newsom also signed an executive order in June 2025 following the revocation of California’s waivers asking CARB to submit another proposal that would help the state transition from fossil fuels.

“In March, the Department of Justice fired back with a suit against California over a fuel economy regulation that the Trump administration has also seen as effectively an EV mandate.

“The House committee, which began its probe in August, noted in its letter that it was specifically seeking ‘communications between CARB and the California Governor’s Office and the California Attorney General’s office.’

“‘Reviewing these documents and communications is vital to understanding what actions, including actions related to enforcement and implementation of the aforementioned laws and regulations, the state of California has taken thus far with respect to its new vehicle and new motor emission reduction plans following the CRA resolutions signed into law last year,’ Guthrie said.”
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Mar 31, 2026

Press Release

Chairman Guthrie Issues Subpoena to California Air Resources Board

WASHINGTON, D.C. – Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, issued a subpoena to California Air Resources Board (CARB) Chair Lauren Sanchez for documents and communications related to CARB’s implementation of vehicle emissions regulations that were nullified by Congress. This marks Chairman Guthrie’s first subpoena as Chairman of the Committee.

Despite three bipartisan Congressional Review Act (CRA) resolutions being signed into law last year preventing California from implementing vehicle standards that would ban the sale of gas-powered cars and trucks through its Advanced Clean Trucks (ACT), Advanced Clean Cars (ACC) II, and Omnibus Low NOx (Omnibus) regulations, Committee staff received reports that California has been denying auto manufacturers approval to bring vehicles to market unless manufacturers agree to comply with the nullified regulations.

After CARB failed to cooperate with multiple requests from the Committee, despite repeated accommodations, Chairman Guthrie issued the subpoena to compel the production of documents regarding CARB’s implementation of the ACT, ACC II, and Omnibus regulations, including communications between CARB and Governor Gavin Newsom’s office, as well as CARB and the California Attorney General’s Office.

Chairman Guthrie issued the following statement following the subpoena:

“The Committee began its investigation after reports that the California Air Resources Board (CARB) had been denying approvals to bring new vehicles to market unless auto manufacturers agreed to comply with California’s burdensome EV mandate, despite the fact it had been nullified by CRA resolutions signed into law last June. California’s refusal to cooperate with our investigation has left the Committee no choice but to issue a subpoena in order to receive the documents it requested from CARB,” said Chairman Guthrie. “Forcing Americans to buy unreliable, and costly, EVs would eliminate consumer choice, strain our electric grid, raise costs, and increase our reliance on entities tied to the Chinese Communist Party. We will continue to follow the facts and demand accountability from California. I urge California to comply with this subpoena speedily and in good faith.”

BACKGROUND:

Section 209(a) of the Clean Air Act (CAA) prohibits states from adopting or attempting to enforce emissions standards for new motor vehicles or new motor vehicle engines. Under Section 209(b), California may request a waiver of federal preemption from the EPA.
The EPA had approved waivers under prior administrations that allowed California to implement vehicle regulations, including bans on gas, diesel, and hybrid vehicles and mandates for 100% electric vehicle sales by 2035.
On June 12, 2025, President Donald J. Trump signed three resolutions of disapproval under the Congressional Review Act—H.J. Res. 87, H.J. Res. 88, and H.J. Res. 89—which collectively disapproved California’s waivers of preemption that allowed the state to impose vehicle emissions standards that effectively banned the sale of new gas-powered vehicles. The CRA resolutions passed Congress with bipartisan support.
California and several other states have challenged the CRA resolutions in court; the case is currently pending, and no injunction has been issued.
EV adoption rates remain below the targets outlined in those waivers. For example, ACC II would have required New York to reach 35% EV sales in model year 2026, while current EV market share is substantially lower. California, which leads the nation in EV adoption, had a market share of almost 26% as of December 2024.
The production of EV batteries relies on critical minerals sourced largely from supply chains controlled by foreign entities. Mining and processing of these minerals, particularly in China, is highly emissions-intensive compared with U.S. production.

CLICK HERE to read the New York Post’s exclusive coverage of the ongoing investigation.

CLICK HERE to read the cover letter of the subpoena.
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