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The Latest

From the Committee

Feb 21, 2025
Press Release
Chairman Guthrie and Vice Chairman Joyce Issue Request for Information to Explore Data Privacy and Security Framework

WASHINGTON, D.C. – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman John Joyce, M.D. (PA-13), Vice Chairman of the House Committee on Energy and Commerce, issued a Request for Information (RFI), inviting stakeholders to share their insights and suggestions with the newly-formed data privacy working group.

KEY EXCERPTS:

“The United States digital economy adds $2.6 trillion in value and employs millions of American workers across nearly every sector of the broader economy. Leadership in digital technologies, including artificial intelligence, underpins U.S. economic and national security, provides American consumers with access to lower cost goods and services, and enables small businesses to reach markets around the world.  

“However, the challenge of providing clear digital protections for Americans is compounded by the fast pace of technological advancement and the complex web of state and federal data privacy and security laws, which in some cases create conflicting legal requirements.”

[…] 

“The working group is bringing members and stakeholders together to explore the parameters of a federal comprehensive data privacy and security framework.” 

[…]

“To inform the working group’s efforts, we invite stakeholders to provide written responses to the prompts below. Stakeholders should submit their responses to PrivacyWorkingGroup@mail.house.gov no later than April 7, 2025. We request that written responses be no longer than 3,500 words and be provided as a Word document and a PDF. Supplemental data, reports, and case studies are also welcome.”

The RFI’s requests and questions include:

I. Roles and Responsibilities 

The digital economy includes a wide range of business models, including entities that collect information directly from consumers, those that process personal information on another business’s behalf, and others that collate and sell personal information. 

A.  How can a federal comprehensive data privacy and security law account for different roles in the digital economy (e.g., controllers, processors, and third parties) in a way that effectively protects consumers?  

B.   What are appropriate obligations for different regulated entities, and what are the practical and legal limitations associated with each type of entity? 

C.   Should a comprehensive data privacy and security law take into consideration an entity’s size, and any accompanying protections, exclusions, or obligations? 

II. Personal Information, Transparency, and Consumer Rights 

A federal comprehensive data privacy and security law should apply to personally identifiable information and provide consumers with clear disclosures and rights to their personal information.  

A.  Please describe the appropriate scope of such a law, including definitions of “personal information” and “sensitive personal information.”  

B.   What disclosures should consumers be provided with regard to the collection, processing, and transfer of their personal information and sensitive personal information?  

C.   Please identify consumer protections that should be included in a comprehensive data privacy and security law. What considerations are relevant to how consumers enforce these protections and how businesses comply with related requirements? 

D.  What heightened protections should attach to the collection, processing, and transfer of sensitive personal information? 

III. Existing Privacy Frameworks & Protections 

Since 2016, U.S. trading partners and a growing number of states have enacted comprehensive data privacy and security laws to govern the collection, processing, and transfer of personal information.  

A.  Please provide any insights learned from existing comprehensive data privacy and security laws that may be relevant to the working group’s efforts, including these frameworks’ efficacy at protecting consumers and impacts on both data-driven innovation and small businesses. 

B.   Please describe the degree to which U.S. privacy protections are fragmented at the state-level and the costs associated with fragmentation, including uneven rights for consumers and costs to businesses and innovators.  

C.   Given the proliferation of state requirements, what is the appropriate degree of preemption that a federal comprehensive data privacy and security law should adopt?  

D.  How should a federal comprehensive privacy law account for existing federal and state sectoral laws (e.g., HIPAA, FCRA, GLBA, COPPA)? 

IV. Data Security 

A foundational goal for any federal comprehensive privacy law should be increased security of Americans’ personal information.  

A.  How can such a law improve data security for consumers? What are appropriate requirements to place on regulated entities? 

V. Artificial Intelligence 

Most state comprehensive data privacy and security laws regulate AI through “automated decision-making” requirements. A growing number of states are also enacting—or are seeking to enact—additional AI-specific laws. These developments raise questions about the role of privacy and consumer protection standards in AI regulation and the impact on U.S. AI leadership.   

A.  How should a federal comprehensive data privacy and security law account for state-level AI frameworks, including requirements related to automated decision-making? 

VI. Accountability & Enforcement 

Accountability and enforcement are cornerstones of a data privacy and security regime that protects consumers, promotes compliance, and enables data-driven innovation.  

A.  Please identify the benefits and costs of expert agencies retaining sole authority to enforce a federal comprehensive data privacy and security law.  

B.   What expertise, legal authorities, and resources are available—or should be made available—to the Federal Trade Commission and state Attorneys General for enforcing such a law?  

C.   How could a safe harbor be beneficial or harmful in promoting compliance with obligations related to data privacy and security? 

VII. Additional Information 

We welcome any additional information that may be relevant to the working group as it develops a comprehensive data privacy and security law.  

CLICK HERE for the full Request for Information.


More News & Announcements


Feb 19, 2025
Press Release

Chairmen Guthrie and Carter Announce Subcommittee Hearing on Pharmacy Benefit Manager Practices

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Earl L. “Buddy” Carter (GA-01), Chairman of the Subcommittee on Health, announced a hearing titled  An Examination of  How Reining in PBMs Will Drive Competition and Lower Costs for Patients . “As outlined in recent reports, significant consolidation in the PBM marketplace has led to fewer options for patients and employers and less competition to keep out-of-pocket drug costs in check,”  said Chairmen Guthrie and Carter.   “Over the past few years, this Subcommittee has led on a myriad of legislative solutions which will help guide our continued work toward delivering high quality heath care for the American people.” Subcommittee on Health hearing titled  An Examination of How Reining in PBMs Will Drive Competition and Lower Costs for Patients . WHAT: Subcommittee on Health hearing to examine PBM reform policies.  DATE:  Wednesday, February 26, 2025  TIME: 10:00 AM ET  LOCATION: 2123 Rayburn House Office Building  This notice is at the direction of the Chairmen. The hearing will be open to the public and press and will be live streamed online at  energycommerce.house.gov . If you have any questions concerning the hearing, please contact Emma Schultheis with the Committee staff at  Emma.Schultheis@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov .  ###



Chairmen Guthrie and Palmer Announce Oversight & Investigations Subcommittee Hearing Probing the Biden Administration’s Energy and Environment Spending

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Gary Palmer (AL-06), Chairman of the Subcommittee on Oversight & Investigations, announced the first hearing of the 119th Congress for the Subcommittee on Oversight & Investigations titled  Examining the Biden Administration’s Energy and Environment Spending Push .  “In its final months, the Biden-Harris Administration handed out billions of dollars in energy and environment grants and loans at an unprecedented pace, exacerbating concerns that appropriate vetting and due diligence reviews may not have occurred for some of these awards,”  said Chairmen Guthrie and Palmer.   “This hearing will provide an opportunity for the Committee to examine this surge in spending and help identify potential misuse of federal funds.”    Subcommittee on Oversight and Investigations hearing titled  Examining the Biden Administration’s Energy and Environment Spending Push .  WHAT: Subcommittee on Oversight and Investigations hearing examining Biden-Harris Administration energy and environment spending. DATE: Wednesday, February 26, 2025     TIME: 10:30 AM ET  LOCATION: 2322 Rayburn House Office Building  This notice is at the direction of the Chairman. The hearing will be open to the public and press and will be livestreamed online at energycommerce.house.gov . If you have any questions concerning this hearing, please contact Calvin Huggins at Calvin.Huggins1@mail.house.gov . If you have any press-related questions, please contact Zach Bannon at Zach.Bannon@mail.house.gov .  ###



Feb 18, 2025
Press Release

Chairman Guthrie Applauds Confirmation of Howard Lutnick as Commerce Secretary

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, issued the following statement after Howard Lutnick was confirmed by the U.S. Senate to serve as Secretary of the Department of Commerce: “As our country confronts the challenges of competing on the global stage, the Department of Commerce plays a central role in promoting American leadership in AI and other cutting-edge technologies, along with closing the digital divide and utilizing the full range of communicationstechnologies,”   said Chairman Guthrie .  “Howard Lutnick is the right person to run the Commerce Department and help American businesses succeed. I look forward to working with Secretary Lutnick to jumpstart our economy and execute President Trump’s agenda to lift up all Americans.” ###


Trending Subcommittees

Commerce, Manufacturing, and Trade


3 Updates

Interstate and foreign commerce, including all trade matters within the jurisdiction of the full committee; consumer protection, including privacy matters generally; data security; motor vehicle safety; regulation of commercial practices (the Federal Trade Commission), including sports-related matters; consumer product safety (the Consumer Product Safety Commission); product liability; and regulation of travel, tourism, and time. The Subcommittee’s jurisdiction can be directly traced to Congress’ constitutional authority “to regulate Commerce with foreign nations, and among the several States, and with the Indian Tribes.”


Communications & Technology


3 Updates

Electronic communications, both Interstate and foreign, including voice, video, audio and data, whether transmitted by wire or wirelessly, and whether transmitted by telecommunications, commercial or private mobile service, broadcast, cable, satellite, microwave, or other mode; technology generally; emergency and public safety communications; cybersecurity, privacy, and data security; the Federal Communications Commission, the National Telecommunications and Information Administration, the Office of Emergency Communications in the Department of Homeland Security; and all aspects of the above-referenced jurisdiction related to the Department of Homeland Security.


Energy


3 Updates

National Energy Policy, energy infrastructure and security, energy related Agencies and Commissions, all laws, programs, and government activities affecting energy matters. National Energy Policy focuses on fossil energy; renewable energy; nuclear energy; energy conservation, utility issues, including but not limited to interstate energy compacts; energy generation, marketing, reliability, transmission, siting, exploration, production, efficiency, cybersecurity, and ratemaking for all generated power. Energy infrastructure and security focuses on pipelines, the strategic petroleum reserve, nuclear facilities, and cybersecurity for our nation’s grid. Our jurisdiction also includes all aspects of the above-referenced jurisdiction related to the Department of Homeland Security. Agencies and Commissions in our jurisdiction include: The US Department of Energy, the Nuclear Regulatory Commission; and the Federal Energy Regulatory Commission.


Recent Letters


Jan 6, 2025
Press Release

Chairman Guthrie and Chairman Latta Question Energy Department’s Involvement in Biden-Harris Offshore Drilling Ban

WASHINGTON, D.C.  – Yesterday, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, along with Congressman Bob Latta (OH-05), Chairman of the Subcommittee on Energy, penned a letter to Secretary Jennifer Granholm questioning the Department of Energy’s involvement in the Biden-Harris Administration’s decision to prevent new offshore oil and gas production, leading to higher prices for consumers and harming U.S. energy security. KEY LETTER EXCERPT: “Closing off swaths of U.S. offshore areas to energy production, as the Biden-Harris Administration reportedly intends to do, will lead to higher energy prices for American families, the loss of American jobs, and greatly diminish our country’s energy security. As the Secretary of Energy, you have an obligation to weigh in on this matter and insist on a full review of the energy security and economic impacts before any decisions are finalized. “The United States stands at an energy crossroads, facing mounting global security threats and soaring demand for power. Instead of leading the world in energy production, we’ve allowed misguided “green” policies to hamstring our potential. It’s time to unleash American energy dominance again—the federal government must become an ally, not an obstacle, to our nation’s energy security. We look forward to your prompt response to this request, no later than January 10, 2025.” Read the story  here . BACKGROUND: This morning, the Biden Administration announced that more than 625 million square miles of coastline would be off-limits for energy production. Republican Members of the House Committee on Energy and Commerce have continuously called on the Biden-Harris Administration to end its attack on American energy production before leaving office on January 20th. The letter requests an explanation of the DOE’s involvement in the decision and whether the White House or the Department of Interior consulted with the DOE about the plans to close off access to offshore resources. Any decision to shut down access to significant American energy resources impacts U.S. energy policy and should be reviewed by the DOE. The Biden Administration’s energy policies have continued to create major harm to America’s energy production and workforce. A unilateral ban on energy production in large swaths of the U.S. coastline will have lasting impacts on American energy production and security.



Dec 19, 2024
Press Release

E&C Republicans Request HHS Watchdog Investigate Promotion of Gender Transition Procedures for Children

Washington, D.C. — In a new letter to Department of Health and Human Services (HHS) Inspector General Christi Grimm, House Energy and Commerce Committee Republicans requested an investigation into the strength, quality, and types of evidence-based scientific and pediatric medical literature relied on by the department to promote gender transition procedures for children.  KEY LETTER EXCERPT:  “As the agency responsible for safeguarding the health and well-being of Americans, all of HHS’s medical treatment recommendations, especially medical treatment recommendations for children, should be based on rigorous and well-established research, such as randomized controlled trials, that have definitively illustrated the long-term benefits of gender affirming care treatments.”  BACKGROUND:  Under the Biden administration, HHS has advocated for sex reassignment procedures on minors, including the use of serum puberty blockers, which have historically been used to treat children with precocious puberty (i.e., early onset puberty affecting about one percent of U.S. children) and sex offenders.   Puberty blockers, however, are known to stunt normal childhood development in children unaffected by precocious puberty.  HHS officials contend that sex reassignment procedures on minors are an unanimously accepted medical practice.  HHS Secretary Becerra testified before Congress that “every major medical association,” “medical journals,” and “scientific and medical evidence” has demonstrated the benefits of transitioning children’s biological sex.  When asked, via a Freedom of Information Act request, for the underlying scientific or medical basis for its position, HHS was only able to produce a two-page brochure that was already publicly available.  In contrast to HHS, a growing body of literature from medical experts and authorities around the world, including those in Europe, caution against performing such procedures on minors.   Courts and government health agencies responsible for determining child welfare have sought to limit child sex reassignment procedures.   Other countries have banned these interventions and surgeries on minors altogether.  An article published in the British Journal of Medicine found “there is great uncertainty about the effects of puberty blockers, cross-sex hormones, and surgeries in young people.”   A court in the United Kingdom noted the obvious about administering puberty blocking chemicals onto children: “[i]t is highly unlikely that a child aged 13 or under would be competent to give consent to the administration of puberty blockers. It is doubtful that a child aged 14 or 15 could understand and weigh the long-term risks and consequences of the administration of puberty blockers.”  In April 2024, the Cass Review , an independent review of gender identity services for children and young people, commissioned by the National Health Service England, found “[w]hile a considerable amount of research has been published in this field, systematic evidence reviews demonstrated the poor quality of the published studies, meaning there is not a reliable evidence base upon which to make clinical decisions, or for children and their families to make informed choices.”   The Cass Review also found that “[t]he rationale for early puberty suppression remains unclear, with weak evidence regarding the impact on gender dysphoria, mental or psychosocial health,” as well as unknown effects on cognitive and psychosexual development.  In August 2024, the American Society of Plastic Surgeons (ASPS) became the first major U.S. medical association to express caution on the use of gender surgery for gender dysphoria in adolescents. In its formal statement, the association stated: “ASPS currently understands that there is considerable uncertainty as to the long-term efficacy for the use of chest and genital surgical interventions for the treatment of adolescents with gender dysphoria, and the existing evidence base is viewed as low quality/low certainty. This patient population requires specific considerations.”   The letter was signed by Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), Rep. Dan Crenshaw (R-TX), Rep. Gus Bilirakis (R-FL), Rep. Buddy Carter (R-GA), Rep. Gary Palmer (R-AL), Rep. Neal Dunn (R-FL), Rep. Randy Weber (R-TX), Rep. Troy Balderson (R-OH), Rep. August Pfluger (R-TX), Rep. Diana Harshbarger (R-TN), and Rep. Kat Cammack (R-FL).  CLICK HERE to read the letter.



Nov 22, 2024
Press Release

E&C, E&W Republicans Press Gladstone Institutes for Information Regarding Internal Antisemitism

House Republicans scrutinize government grant funding recipients that fail to protect individuals from antisemitism Washington, D.C. — In a new letter to J. David Gladstone Institutes President Dr. Deepak Srivastava, the House Committee on Energy and Commerce (E&C) and House Committee on Education and the Workforce (E&W) have requested information about ongoing and pervasive acts of antisemitic harassment and intimidation at Gladstone and its leadership’s insufficient response to these acts. The letter is signed by E&C Chair Cathy McMorris Rodgers (R-WA), E&C Subcommittee on Health Chair Brett Guthrie (R-KY), E&C Oversight and Investigations Subcommittee Chair Morgan Griffith (R-VA), E&W Chair Virginia Foxx (R-NC), and E&W Subcommittee on Higher Education and Workforce Development Chair Burgess Owens (R-UT).  KEY LETTER EXCERPTS: “The Gladstone Institutes, an independent biomedical research organization, claims that it takes an active stance against serious issues like discrimination and harassment and aims to ‘ensure all community members at Gladstone feel included’ and that the Institutes will aim to ‘implement accountability measures and reinforce Gladstone’s commitment to having an environment free of harassment.’ However, these values do not seem to be reflected in the actions of leadership in response to recent concerns of antisemitic harassment and discrimination within the Institutes.” [...] “The reports of antisemitic harassment at Gladstone coupled with the inadequate response by leadership is concerning to the Committees. Failing to act decisively to ensure a safe environment for all trainees, faculty, and staff is a grave dereliction of your responsibilities as President of Gladstone.” “Failing to comply with basic safety protections for members of Gladstone or failure to respond appropriately to and prevent harassment and discrimination, no matter the cause, may be grounds to withhold federal funds from the university. Congress has an obligation to exercise oversight of recipients of federal funds when blatant and ongoing Title VI violations appear to be happening. If Congress determines an institution of higher education/research is blatantly ignoring its legal responsibilities, we may consider rescinding research and development funds previously appropriated.” BACKGROUND ON TAXPAYER FUNDING: Gladstone received more than $41 million in funding from the NIH in Fiscal Year 2023, not including potential taxpayer funding that individual faculty may have received through their affiliation with the University of California, San Francisco (UCSF) or any other affiliated universities.   According to the NIH’s Grant Policy Statement, any institution receiving federal funds must assure work environments are free of discriminatory harassment and are safe and conducive to high-quality work.  Institutions receiving federal taxpayer financial assistance—such as NIH grants—are prohibited from discriminating based on a variety of categories, including national origin.   These laws also protect members of the institution who are or are perceived to be members of a group with shared ancestry, such as students/trainees of Jewish heritage. BACKGROUND ON INSTANCES OF ANTISEMITISM : Two days after the October 7, 2023, Hamas terrorist attack, a graduate student working in a lab within Gladstone sent an antisemitic email to all Gladstone faculty, trainees, and staff falsely stating that the attack on innocent Israeli civilians was “the resistance in Gaza launch[ing] a surprise attack against Israel, taking occupation soldiers hostage, taking over Israeli military vehicles, and gain[ing] control over illegal Israeli settlements.”  The email goes on to claim that all casualties resulting from Palestinian actions are the responsibility of Israel.  Immediately following this mass email, members of the Gladstone faculty began contacting the Gladstone Institutes’ President and other leadership, appalled by the language of the email, concerned for their safety and worried that the email could be seen as an incitement to violence.  Jewish members of the Institutes also expressed their deep, personal pain following the Hamas attack, as some members had family or friends reported killed or missing directly after the attack.  These fears—including fears of being attacked in the lab by the author of this cruel and antagonistic email—were shared directly with President Srivastava.  Despite this, Gladstone leadership did not issue a public statement or position against antisemitism to quell fears of Jewish faculty and trainees.  In May 2024, the Center for Combatting Antisemitism sent President Srivastava a letter requesting administrative action to address the hostile environment and disparate treatment of Jewish members at Gladstone.  This letter noted that Gladstone refused to acknowledge Jewish American Heritage Month, Passover, or Holocaust Remembrance Day, despite sending official celebratory emails and holding events for other religious, ethnic, or national holidays, including Black History Month, International Women’s Day, and Ramadan.  The Center followed up with Gladstone several times, but never received a response.  Jewish faculty and trainees have conveyed to leadership within Gladstone instances of antisemitic harassment and discrimination, which faculty and trainees believe were not taken seriously, making some feel uneasy about speaking out.  For example, per a publicly available Fair Employment and Housing Act complaint to the California Civil Rights Division, a Jewish faculty member openly discussed fellow faculty using racial stereotypes, including comments about a “Jewish nose.”  When these comments were brought to human resources, no investigation occurred.  Instead, the complainant was subsequently targeted with an investigation ultimately deemed to be unwarranted.  Then, following the complainant’s post-October 7th advocacy on behalf of Jewish faculty and trainees, the complainant was threatened repeatedly with career-ending termination, allegedly in an attempt to extort a resignation.  When the threats did not have their desired effect, Gladstone placed the complainant on administrative leave and removed the complainant’s electronic access to email and files but also physical access to the complainant’s lab, removing all ability to conduct work on an NIH-funded grant.  Gladstone ultimately paid an undisclosed sum to settle the matter and avoid litigation.  To elevate concerns regarding widespread, ongoing discrimination, Jewish faculty and trainees requested permission to bring in a speaker related to antisemitism.  Other minority groups had previously been given permission to bring in similar anti-racism speakers.  However, while leadership stated it would look into the idea, ultimately no speaker was brought, and no program was launched regarding antisemitism. BACKGROUND ON AFFILIATIONS WITH OTHER INSTITUTIONS UNDER INVESTIGATION : Gladstone Institutes is affiliated with other institutions under congressional investigation.  For example, Gladstone is an affiliate of the UCSF, which is undergoing congressional investigation for reports of antisemitism within the university, medical school, and medical centers.  Most of Gladstone’s principal investigators are also faculty at UCSF, and the Institutes provide research positions and opportunities for graduate students from UCSF.  Moreover, there is a joint institute—the Gladstone-UCSF Institute of Genomic Immunology—further linking the two institutions.  Gladstone is also affiliated with the University of California, Berkeley and Stanford University, both of which are also under investigation for concerns related to antisemitism. CLICK HERE to read the full letter.