Statement of Congressman John D. Dingell, Ranking Member  COMMITTEE ON ENERGY AND COMMERCE MARKUPSeptember 30, 2004 Today’s markup addresses nine matters, seven of which are noncontroversial. In particular, three noncontroversial public health bills make important improvements, and two others recognize worthy programs. But H.R. 2699, the "National Uniformity for Food Act of 2003," is being considered today without benefit of hearing, without benefit of Subcommittee markup, and even without the benefit of the Administration’s views. This is no minor bill -- it would bar states from food safety, labeling, and warning standards that are not identical to federal standards. State food and drug officials are very concerned about the impact this bill would have. I find its rushed consideration this late in the Congress very curious, and hope to learn more about the bill during today’s debate. Finally, the Committee is considering House Resolution 776. This resolution poses a simple question -- is Congress going to roll over when Executive Branch employees are prevented from providing Congress critical information on important and controversial legislation under consideration? Given that Republicans run both houses of Congress and the Administration, the answer seems to be yes -- no politically sensitive oversight will be allowed. It was not routine information that was covered up. The Administration, through former CMS Administrator Scully, hid important cost information, particularly the fact that the bill would cost more than $500 billion, that Congress should have seen prior to voting on the Medicare bill. Mr. Scully threatened the Chief Actuary with adverse consequences if he provided requested estimates to Congress, all the while making sure that the White House had the real information from the Actuary. Did the White House direct this coverup? We do not know. Why does this matter? Most immediately, the Medicare bill that has since become law will contribute to an increase in Medicare premiums by more than 17 percent next year -- the largest premium increase ever. Fifteen percent of that increase in premiums is because of the multi-billion dollar overpayments to big insurance companies and HMO that were included in the Medicare bill. These are the very same insurance companies that the GAO found receive more taxpayer dollars to treat beneficiaries than is paid under traditional Medicare. So millions of seniors are now paying billions of dollars -- and getting nothing back for that money -- to finance the Republican Medicare privatization experiment. Congress, and the public, deserve to know what the White House and the Department knew when the bill was being considered. We have repeatedly asked the Administration to turn over information on the cost estimates and have been ignored. We also asked Speaker Hastert and Senate Majority Leader Frist to investigate, and got the same treatment. So this resolution of inquiry is our last resort. Congressional oversight is only credible if it is consistent regardless of the party in charge of the Executive Branch. Had President Clinton’s Administration tried to hide the ball like this, Congressional subpoenas would have flown like confetti. But when the Bush Administration hides the ball, all we get from the Congressional majority is silence. The public deserves better. I urge my colleagues to support open and accountable government, and to vote for this resolution of inquiry.
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