Energy, Climate, & Grid Security

More than a decade has lapsed since the GAO’s last review Washington, D.C. —  In a new letter to the U.S. Government Accountability Office (GAO), bipartisan Energy and Commerce Leaders are requesting that the GAO conduct an extensive review of the Department of Energy’s (DOE) Isotope Program. Led by Committee Chair Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone, Jr., (D-NJ) as well as Subcommittee on Energy, Climate, and Grid Security Chair Jeff Duncan (R-SC) and Ranking Member Diana DeGette (D-CO), the letter addresses concerns regarding U.S. dependence on Russia for isotopes and other materials critical to American national security, advanced manufacturing, and medicine, especially following Russia’s invasion of Ukraine. KEY LETTER EXCERPT: “The DOE Isotope Program has been working for at least a decade to shore up domestic isotope development and free the United States from a position of dependence, but its progress in doing so is unclear. Current U.S. production still has not replaced our reliance on Russia and possibly other high-risk countries, and several proposed DOE facilities conceived as major contributors to the U.S. domestic supply chain remain in the design phase or, at best, under construction (chief among these is Oak Ridge’s Stable Isotope Production and Research Center, or SIPRC, which is reportedly not expected to start production until 2032). These dynamics raise serious questions and concerns about the security of the U.S. supply chain for these critical isotopes.” BACKGROUND: The DOE’s Isotope Program produces and sells hundreds of high priority isotopes that are rare—but essential—for the production of important commodities in national security, advanced manufacturing, and medicine.  The DOE is often the only, or one of very few, global producers of such isotopes, which are in short supply or represent a supply chain risk. However, the United States still relies on obtaining several materials and commercially produced isotopes from other, sometimes adversarial countries, such as Russia.  The GAO last reviewed the DOE Isotope program in 2012 and has not conducted a review since Russia invaded Ukraine in 2022.  According to a 2022 testimony by the executive director of the Council on Radionuclides and Radiopharmaceuticals, the U.S. still relies nearly exclusively on Russia to obtain 44 isotopes that are critical in industrial applications and cancer treatment.  China has also emerged as a new global supplier of stable isotopes, positioning the U.S. for even further foreign reliance to keep Americans healthy and safe. CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Full Committee markup of 16 bills.    “We’re continuing this Committee’s mission to make life better for the American people—and future generations—by taking action on legislation from across several of our subcommittees.”  REPEALING HARMFUL MANDATES “We will consider three Congressional Review Act resolutions to rein in harmful regulations that are shutting down affordable, reliable energy and driving up costs for the American people.   “Energy is foundational to everything, and America needs more energy—not less. Rep. Balderson’s resolution is critical to achieving that by repealing the EPA’s plan to shutter American power plants and slash baseload energy. “Additionally, Rep. Allen’s resolution will overturn the administration’s harmful PM2.5 standard, which poses a major threat to America’s economic future by making it nearly impossible to build and manufacture goods in the U.S. “This will crush good-paying jobs, devastate communities, and further cede America’s economic leadership to countries like China. “We should be making it easier—not harder—to expand manufacturing in the U.S. “And lastly, Rep. Fulcher’s resolution will halt the EPA’s proposed rule for heavy-duty vehicle emission standards—a rule that will not only drive up costs across the board, but also threaten the security of our supply chains. “I thank the sponsors for their leadership on these bills.” IMPROVING AMERICANS’ HEALTH AND WELL-BEING “Today, we will also continue to build on our efforts throughout this Congress to improve the health of the American people and foster medical innovation and research in a bipartisan manner. “We will consider legislation led by Rep. Carter to extend telehealth flexibilities for seniors in Medicare in a fiscally responsible manner. “Additionally, we’ll advance bipartisan legislation to help speed up the process for getting treatments to children with cancer and other rare diseases. We’ve worked hard for a bill that will get broad, bipartisan support today. “We will move forward on legislation to enhance access to care for seniors and those with disabilities, including a bill to expand the Medicaid buy-in program for working seniors with disabilities, which will include a provision to pilot new tools for states to provide better home and community-based services to people with disabilities. “Yet another bill we will consider will ensure access to care for active-duty military families who risk losing access to key services when they travel to serve our country. “Finally, we will move forward legislation that will provide more information for those with disabilities and their families. “I want to thank all of the Members who worked hard to get these bills one step closer to becoming law.” PROTECTING KIDS ONLINE “Next, we will join together in a bipartisan way on behalf of the millions of parents, grandparents, and kids across the country to say enough is enough. “The Children and Teen’s Online Privacy Protection Act , COPPA, provides important updates to a law that was first passed more than 26 years ago and addresses the realities and threats facing kids and teens online in the modern internet ecosystem. “I’d like to thank Reps. Walberg and Castor, and Senators Markey and Cassidy, for all of their hard work in championing this legislation. “We will also consider the Kids Online Safety Act , which will provide both kids and parents the tools they need to better protect against serious online threats to children’s health and emotional well-being. “I’d like to thank Subcommittee Chair Bilirakis and Reps. Kathy Castor, Erin Houchin, and Kim Schrier for their leadership on this legislation. “These bills are two important pieces to begin ushering in a new era on the internet, one that is defined by accountability and safety. “Lastly, we will be considering the A.M. Radio for Every Vehicle Act , led by Subcommittee Chair Bilirakis and Full Committee Ranking Member Pallone. “This legislation will preserve this key resource that millions of Americans rely on for critical information, especially during public emergencies. “I did want to mention one bill that we will not be considering today, the REPAIR Act led by Dr. Dunn. I want to recognize the hard work that he, his staff, and numerous stakeholders have done since the bill was considered in the IDC subcommittee last October. “While we aren’t marking it up today, a lot of progress has been made, and I would encourage members and stakeholders to keep working together to find a path forward on this important piece of legislation. “In the nearly 230-year history of this Committee, we have established a rich tradition of taking on the hard problems and delivering solutions for the American people. “Today we will continue to build on that record of success. “I urge my colleagues to join me in supporting all of the legislation being considered today.”

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) today announced a Full Committee Markup of 16 bills.  “The Energy and Commerce Committee is continuing its work to deliver solutions and make life better for the American people. At this week’s markup, we will consider more than a dozen bills, including legislation to repeal harmful regulations that are jeopardizing America’s economic and energy security, extend telehealth services for seniors, and continue to incentivize important innovation for pediatric rare diseases,” said Chair Rodgers. “We will also consider legislation to provide the most significant protections and safeguards to date for children online. The Kids Online Safety Act and the Children and Teens' Online Privacy Protection Act are historic pieces of legislation that finally answer the call of parents across the country who are desperately looking for Congress to act to shield our children from the threats they are facing online. I look forward to taking the next steps in getting these critical pieces of legislation signed into law and ushering in a new era on the internet.”  WHAT: A Full Committee Markup of 16 bills.  DATE: Wednesday, September 18, 2024  TIME: 10:00 AM ET LOCATION: 2123 Rayburn House Office Building Legislation to be considered:   H.R. 670 , Think Differently Database Act (Reps. Molinaro and Sherrill)  H.R. 8107 , Ensuring Access to Medicaid Buy-in Programs Act of 2024 (Reps. Ciscomani and Gluesenkamp Perez)  H.R. 8108 , To amend title XIX of the Social Security Act to add a Medicaid State plan requirement with respect to the determination of residency of certain individuals serving in the Armed Forces (Reps. Kiggans and Kaptur)  H.R. 3433 , Give Kids a Chance Act of 2024 (Reps. McCaul and Eshoo)  H.R. 7188 , Shandra Eisenga Human Cell and Tissue Product Safety Act (Reps. Moolenaar and Dingell)  H.R. 7623 , Telehealth Modernization Act of 2024 (Reps. Carter, Blunt Rochester, Steube, Sewell, Miller-Meeks, Dingell, Van Drew, and Morelle)  H.R. 3227 , Ensuring Seniors’ Access to Quality Care Act (Reps. Estes and Connolly)  H.R. 9067 , Building America’s Health Care Workforce Act (Rep. Guthrie) H.R. 7155 , United States-Abraham Accords Cooperation and Security Act of 2024 (Reps. Harshbarger, Vargas, Weber, Peters, Harris, Levin, and Allen)  H.J. Res. 139 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Centers for Medicare & Medicaid Services relating to "Medicare and Medicaid Programs: Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting” (Reps. Fischbach and Pence)  H.R. 7890 , Children and Teens’ Online Privacy Protection Act (Reps. Walberg, Bucshon, Carter, Dunn, Eshoo, Castor, Moulton, and Auchincloss)  H.R. 7891 , Kids Online Safety Act (Reps. Bilirakis, Bucshon, Castor, Houchin, and Schrier)  H.R. 8449 , AM Radio for Every Vehicle Act (Reps. Bilirakis and Pallone)  H.J.Res. 163 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to “New Source Performance Standards for Greenhouse Gas Emissions From New, Modified, and Reconstructed Fossil Fuel-Fired Electric Generating Units; Emission Guidelines for Greenhouse Gas Emissions From Existing Fossil Fuel-Fired Electric Generating Units; and Repeal of the Affordable Clean Energy Rule” (Rep. Balderson)  H.J.Res. 133 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles-Phase 3" (Rep. Fulcher)  H.J.Res. 117 , Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Reconsideration of the National Ambient Air Quality Standards for Particulate Matter" (Rep. Allen) This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov . If you have any questions concerning the hearing, please contact Alex Khlopin at Alex.Khlopin@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov and Kate Roberts at Kate.Arey@mail.house.gov .

More than a decade has lapsed since the GAO’s last review Washington, D.C. —  In a new letter to the U.S. Government Accountability Office (GAO), bipartisan Energy and Commerce Leaders are requesting that the GAO conduct an extensive review of the Department of Energy’s (DOE) Isotope Program. Led by Committee Chair Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone, Jr., (D-NJ) as well as Subcommittee on Energy, Climate, and Grid Security Chair Jeff Duncan (R-SC) and Ranking Member Diana DeGette (D-CO), the letter addresses concerns regarding U.S. dependence on Russia for isotopes and other materials critical to American national security, advanced manufacturing, and medicine, especially following Russia’s invasion of Ukraine. KEY LETTER EXCERPT: “The DOE Isotope Program has been working for at least a decade to shore up domestic isotope development and free the United States from a position of dependence, but its progress in doing so is unclear. Current U.S. production still has not replaced our reliance on Russia and possibly other high-risk countries, and several proposed DOE facilities conceived as major contributors to the U.S. domestic supply chain remain in the design phase or, at best, under construction (chief among these is Oak Ridge’s Stable Isotope Production and Research Center, or SIPRC, which is reportedly not expected to start production until 2032). These dynamics raise serious questions and concerns about the security of the U.S. supply chain for these critical isotopes.” BACKGROUND: The DOE’s Isotope Program produces and sells hundreds of high priority isotopes that are rare—but essential—for the production of important commodities in national security, advanced manufacturing, and medicine.  The DOE is often the only, or one of very few, global producers of such isotopes, which are in short supply or represent a supply chain risk. However, the United States still relies on obtaining several materials and commercially produced isotopes from other, sometimes adversarial countries, such as Russia.  The GAO last reviewed the DOE Isotope program in 2012 and has not conducted a review since Russia invaded Ukraine in 2022.  According to a 2022 testimony by the executive director of the Council on Radionuclides and Radiopharmaceuticals, the U.S. still relies nearly exclusively on Russia to obtain 44 isotopes that are critical in industrial applications and cancer treatment.  China has also emerged as a new global supplier of stable isotopes, positioning the U.S. for even further foreign reliance to keep Americans healthy and safe. CLICK HERE to read the full letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Energy, Climate, and Grid Security Subcommittee Chair Jeff Duncan (R-SC), and Environment, Manufacturing, and Critical Materials Subcommittee Chair Buddy Carter (R-GA) yesterday sent a letter to Department of Energy (DOE) Secretary Jennifer Granholm urging the Department of Energy to prioritize the onshoring of our critical mineral supply chains following the Chinese Communist Party’s July 1 declaration that rare earth metals were the “property of the state.” CLICK HERE to read exclusive coverage by E&E News. KEY QUOTE “Critical minerals are essential to America’s economy and to America’s capacity to manufacture goods and high-tech devices. Many critical minerals are essential to the energy sector, as they are needed to manufacture solar panels, batteries, and electrical equipment. As the DOE is aware, the CCP announced limitations on gallium, germanium, natural and synthetic graphite last October. These critical minerals are vital for our defense and energy technologies and are listed as critical and at high risk of supply disruption. On November 21, 2023, the Committee on Energy and Commerce sent a letter raising security concerns over the CCP limiting exports of gallium, germanium, natural graphite, and synthetic graphite. Your response to that letter failed to address these concerns and lacked basic information to help Members of Congress assess the risks of America’s increasing dependence on CCP controlled minerals.” [...] “The administration should prioritize the onshoring of domestic mining and processing industry for these critical minerals and materials. The answer to a lack of mining and processing is not to extend credits to companies using minerals from a major geopolitical adversary that relies on child labor and exploitation.” Chairs Rodgers, Duncan, and Carter asked Secretary Granholm to answer the following questions by August 13, 2024: Are you concerned by reports that the Chinese government has declared rare earth metals property of the government of China? What actions will the DOE take in response to the Chinese government’s announcement? Please describe any actions DOE has taken to prioritize onshoring domestic mining and processing of synthetic and natural graphite. Please describe any actions DOE has taken to prioritize onshoring domestic mining and processing of gallium and germanium. How will DOE work to expedite projects to ensure a secure and stable supply chain of these critical minerals and materials given these recent announcements? What actions will DOE take to mitigate potential domestic supply shortages of these minerals? Were you consulted about the Treasury Department’s decision to extend the graphite exemption through 2027? Did you advise or recommend that the White House extend the graphite exemption through 2027? Please explain. CLICK HERE to read the letter to Secretary Granholm. CLICK HERE to read the November 21, 2023, letter to Secretary Granholm raising concerns over the CCP’s decision to limit exports of gallium, germanium, natural graphite, and synthetic graphite.

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.