GAO declared that the "limited amount of information from the Vice President's office" was "clearly inadequate in light of GAO's request." GAO also indicated that it is "preparing for possible litigation."
According to news reports, the Bush Adminstration is considering a substantial weakening of the federal protections for nursing home residents. This proposal would reduce the frequency of nursing home inspections and eliminate automatic sanctions on substandard nursing homes. Rep. Waxman has written to the President to explain why this proposal is seriously flawed.
Chairman Burton has focused his attentions on allegations regarding vaccine safety, many of which are not backed by scientific evidence. Vaccine safety is a critical issue that deserves ongoing oversight. However, there are other issues that need to be addressed as well. Public health experts are increasingly concerned about the fragility of the vaccine supply. At the end of 2001, the United States was experiencing shortages or delays in delivery of vaccines that prevent 10 of the 11 childhood diseases against which children are routinely immunized. Rep. Waxman, along with colleagues in the House and Senate, have asked the General Accounting Office to examine the issue of vaccine supplies.
In response to a Los Angeles Times article detailing numerous incidents of unusual access and influence by special interests, Reps. Waxman and Dingell sent a letter to Vice President Cheney urging him to reconsider his decision not to cooperate with the GAO.
The Comptroller General issued a formal report regarding the White House's refusal to cooperate with GAO's investigation. As stipulated in 31 U.S.C. § 716, the report was filed with the President and Congress. This represents just the fifth such report that GAO has issued in the 21 years since § 716 was enacted, and it is the first report regarding non-cooperation by the President or Vice-President.
On August 13, Rep. Waxman, along with Reps. John Dingell and Sherrod Brown, sent a letter to President Bush regarding the Administration´s attempts to undermine key measures to protect against managed care abuses. On August 2, President Bush publicly endorsed H.R. 2563, a patient rights bill that calls for the same patient protections for patients covered by Medicaid as for those with privately insurance. However, just two weeks later, on August 16, the Administration moved to delay and weaken patient rights in the Medicaid program. Rep. Waxman, along with Reps. John Dingell and Sherrod Brown, exposed this glaring contradiction in a letter to President Bush. Reps. Waxman, Dingell, and Brown prepared a comparison between H.R. 2563 and pending Medicaid patient protections.
Rep. Waxman has corresponded with White House Counsel Alberto Gonzales, Chairman Burton, and Karl Rove on fundraising and potential conflicts of interest.
In a written statement, GAO corrected certain inaccuracies in the Vice President's letter regarding the scope of the GAO investigation: "Contrary to the Vice President's statements, we are not interested in obtaining his daily schedule or reviewing communications involving the President, the Vice President, the President's senior advisors and others. We have made this clear in several communications to the Vice President's representatives. We are simply asking for facts that the Vice President, as Chair of the National Energy Policy Development Group, or others representing the group, would be in a position to provide to GAO." GAO's statement pointed out that the Comptroller General had attempted to speak with the Vice President the previous week, without success.
At the request of Rep. Waxman and Senators Tom Harkin, Jim Jeffords, Barbara Mikulski, and Olympia Snowe, the General Accounting Office (GAO) investigated FDA’s progress in addressing the inclusion of women in clinical drug trials.
Vice President Cheney rebuffed GAO's formal demand for information. In a letter to the House of Representatives and the Senate, the Vice President asserted that the Comptroller General has "exceed[ed] his lawful authority" and that GAO's investigation "would unconstitutionally interfere with the functioning of the Executive Branch."
Rep. Waxman wrote a letter to President Bush protesting the actions of the U.S. delegation at the most recent negotiating session of the international Framework Convention on Tobacco Control. The letter, which is based on previously unreleased minutes of the meetings, reveals how the United States has tried to weaken or eliminate key provisions of the treaty related to tobacco labeling, advertising, exports, and other issues.
A nationwide report by the Special Investigations Division for Rep. Waxman has found that nearly one-third of nursing homes were cited for a violation involving abuse between January 1999 and January 2001, that many of these abuse violations caused actual harm to residents, and that the number of abuse violations is increasing.
At the request of Rep. Waxman and Rep. Steve Largent, the Special Investigations Division examined a new and growing problem for parents throughout the United States: Internet file-sharing programs that provide children easy and free access to thousands of explicit pornographic videos and other pornographic materials.
Eight members write Defense Secretary Rumsfeld about closed advisory committees at the Defense Department.
Faced with continued White House intransigence, the Comptroller General wrote to the Vice President "to demand full and complete access" to the information, pursuant to 31 U.S.C. § 716. This represents only the 32nd time that GAO has issued a formal demand letter. By law, the Vice President had 20 days to respond to the letter.
At the request of Rep. Waxman, the General Accounting Office (GAO) conducted an investigation into potential conflicts of interest on the Science Advisory Boards of the Environmental Protection Agency (EPA). These boards conduct peer reviews of scientific studies and methodologies used by the agency in formulating rules and regulations. GAO's investigation found serious deficiencies in EPA's procedures to prevent conflicts of interest, and that the Science Advisory Boards thus frequently contain individuals with ties to affected industries.
President Bush has proposed offering drug discount cards to senior citizens, which would allow them to purchase their medications at a reduced rate. However, a report by the Special Investigations Division has found that similar programs currently being offered by private companies provide little, if any, savings.
Millions of ballots were not counted during the 2000 presidential election. While some voters choose not to vote for any candidate or intentionally voted for two candidates, the more common reason for votes not being counted was faulty voting machines. Rep. Waxman was concerned that votes of poor and minority voters might be disproportionately discarded. Along with 20 other members of Congress, he asked the Special Investigations Division to investigate whether voters in low-income, high-minority districts were more likely to have their votes discarded than voters in affluent, low-minority districts. He also asked the Special Investigations Division to investigate the impact of technology on the undercount. The report examined 40 congressional districts in 20 states. Twenty of these districts had high poverty rates and a high minority population. Twenty of the districts were relatively affluent and had a low minority population. The report found that voters in low-income, high-minority districts were over three times more likely to have their votes discarded as voters in affluent, low-minority districts. But the report also found that improved voting technology can reduce the number of uncounted ballots cast by voters in districts with high poverty rates and high minority population by up to 85%, significantly reducing the disparity between the two groups.
Rep. Waxman and other members introduced the Nursing Home Quality Protection Act to improve nursing home conditions. This bill provides more funding for nursing homes to recruit and retain staff, institutes minimum nurse staffing levels, imposes tougher sanctions on nursing homes that violate federal health and safety standards, and increases public information about the quality of care provided by nursing homes.
At the request of Reps. Waxman and Dingell, the General Accounting Office (GAO) investigated the extent to which children in Medicaid are receiving important health screening and other preventive services. In July 2001, GAO reported that many children are not receiving the services required by law and that managed care plans participating in Medicaid do a poor job of providing data to states and the federal government about the provision of these required services.
At the request of Rep. John Tierney, the Special Investigations Division analyzed the Coyle Report.
GAO's General Counsel responded to Mr. Addington by explaining in painstaking detail the legal basis for the investigation. The ten-page letter observed that "GAO has broad authority . . . to conduct the subject review and obtain [the] information requested." The letter pointed out that GAO has conducted numerous reviews of White House programs and activities in the past, such as President Clinton's Task Force on Health Care Reform and the White House China Trade Relations Group. The letter pointed to two statutes which "provide clear authority for the subject inquiry" and which give GAO tremendous discretion in performing its investigations. According to GAO, "[i]t would be difficult to conceive of language giving any official greater discretion than does the language in the statutory provisions at issue."
The Pentagon refused to deliver the Coyle Report to Congress for over eight months. Rep. John F. Tierney and other members made numerous requests to make public the findings of the report.
Rep. Waxman has written to both President Bush and EPA Administrator Whitman to oppose the Bush Administration's refusal to waive gasoline oxygenate requirements in California. Every member of the California House delegation -- Republicans and Democrats alike -- supported the waiver, which would provide significant environmental and economic benefits to the state. The Administration's decision to deny the waiver could lead to higher gasoline prices in California, yet do nothing to improve air pollution. The Bush Administration's denial of the California waiver reversed the January 2001 recommendations of EPA's technical experts.
Mr. Addington informed GAO that he did not believe that its investigation had a legal basis. Mr. Addington conceded that GAO was empowered to evaluate programs or activities which "the Government carries out under existing law," but he made the far-fetched argument that this provision did not extend to the activities of the energy task force because the task force carried out its operations under the authority of the Constitution. Mr. Addington further asserted that GAO's authority to investigate matters related to the use of public money was extremely limited.
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