[DOCID: f:hr083.110]
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Union Calendar No. 48
110th Congress, 1st Session - - - - - - - - - - House Report 110-83
OVERSIGHT PLANS
FOR ALL
HOUSE COMMITTEES
with accompanying recommendations
__________
by the
COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
HOUSE OF REPRESENTATIVES
(Required by House Rule X, Clause 2(d)(2))
together with
MINORITY VIEWS
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
March 30, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; (202) 512ÿ091800
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COMMITTEE ON OVERSISGHT AND GOVERNMENT REFORM
HENRY A. WAXMAN, California, Chairman
TOM LANTOS, California TOM DAVIS, Virginia
EDOLPHUS TOWNS, New York DAN BURTON, Indiana
PAUL E. KANJORSKI, Pennsylvania CHRISTOPHER SHAYS, Connecticut
CAROLYN B. MALONEY, New York JOHN M. McHUGH, New York
ELIJAH E. CUMMINGS, Maryland JOHN L. MICA, Florida
DENNIS J. KUCINICH, Ohio MARK E. SOUDER, Indiana
DANNY K. DAVIS, Illinois TODD RUSSELL PLATTS, Pennsylvania
JOHN F. TIERNEY, Massachusetts CHRIS CANNON, Utah
WM. LACY CLAY, Missouri JOHN J. DUNCAN, Jr., Tennessee
DIANE E. WATSON, California MICHAEL R. TURNER, Ohio
STEPHEN F. LYNCH, Massachusetts DARRELL E. ISSA, California
BRIAN HIGGINS, New York KENNY MARCHANT, Texas
JOHN A. YARMUTH, Kentucky LYNN A. WESTMORELAND, Georgia
BRUCE L. BRALEY, Iowa PATRICK T. McHENRY, North Carolina
ELEANOR HOLMES NORTON, District of VIRGINIA FOXX, North Carolina
Columbia BRIAN P. BILBRAY, California
BETTY McCOLLUM, Minnesota BILL SALI, Idaho
JIM COOPER, Tennessee ------ ------
CHRIS VAN HOLLEN, Maryland
PAUL W. HODES, New Hampshire
CHRISTOPHER S. MURPHY, Connecticut
JOHN P. SARBANES, Maryland
PETER WELCH, Vermont
Phil Schiliro, Chief of Staff
Phil Barnett, Staff Director
Earley Green, Chief Clerk
David Marin, Minority Staff Director
C O N T E N T S
__________
Page
Recommendations.................................................. 1
Agriculture...................................................... 7
Appropriations................................................... 15
Armed Services................................................... 24
Budget........................................................... 49
Education and the Workforce...................................... 54
Energy and Commerce.............................................. 59
Financial Services............................................... 69
Foreign Affairs.................................................. 98
Homeland Security................................................ 121
House Administration............................................. 136
Judiciary........................................................ 144
Natural Resources................................................ 152
Oversight and Government Reform.................................. 171
Permanent Select Committee on Intelligence....................... 209
Rules............................................................ 219
Science and Technology........................................... 238
Small Business................................................... 248
Standards of Official Conduct.................................... 259
Transportation and Infrastructure................................ 263
Veterans' Affairs................................................ 283
Ways and Means................................................... 291
Views
Minority views of Hon. Tom Davis, Hon. Christopher Shays, Hon.
Dan Burton, Hon. John L. Mica, Hon. Mark E. Souder, Hon. Chris
Cannon, Hon. John J. Duncan, Jr., Hon. Michael R. Turner, Hon.
Darrell E. Issa, Hon. Kenny Marchant, Hon. Lynn A.
Westmoreland, Hon. Patrick T. McHenry, Hon. Virginia Foxx, Hon.
Brian P. Bilbray, and Hon. Bill Sali........................... 300
(iii)
?
LETTER OF TRANSMITTAL
----------
House of Representatives,
Washington, DC, March 30, 2007.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Ms. Speaker:
In accordance with Rule X(2)(d)(2) of the Rules of the
House of Representatives, I respectfully submit the oversight
plans of each committee together with recommendations to ensure
the most effective coordination of such plans and otherwise
achieve the objectives of the House Rules.
Henry A. Waxman, Chairman.
(v)
Union Calendar No. 48
110th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 110-83
======================================================================
OVERSIGHT PLANS FOR ALL HOUSE COMMITTEES WITH ACCOMPANYING
RECOMMENDATIONS
_______
March 30, 2007.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Henry A. Waxman, from the Committee on Oversight and Government
Reform submitted the following
REPORT
OVERSIGHT IN THE 110TH CONGRESS
RECOMMENDATIONS
OF THE
COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM
I. Overview
One of Congress' main constitutional responsibilities is to
conduct oversight to check abuses by the other branches of
government and ensure the effective operation of our laws. As
the Supreme Court recognized 50 years ago:
The power of the Congress to conduct investigations is
inherent in the legislative process. That power is
broad. It encompasses inquiries concerning the
administration of existing laws as well as proposed or
possibly needed statutes. It includes surveys of
defects in our social, economic or political system for
the purpose of enabling Congress to remedy them. It
comprehends probes into departments of the Federal
Government to expose corruption, inefficiency or
waste.\1\
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\1\ Watkins v. United States, 354 U.S. 178, 187 (1957).
Oversight activities have uncovered significant waste,
fraud, and abuse throughout the Federal Government. A report
issued in 2006 by the Democratic staff of the Committee on
Oversight and Government Reform (then known as the Committee on
Government Reform) identified 118 Federal contracts worth
$745.5 billion that the Government Accountability Office [GAO],
the Defense Contract Audit Agency, inspectors general, or other
government officials found to involve significant waste, fraud,
abuse, or mismanagement. In the area of Iraq reconstruction
contracting alone, Pentagon auditors have identified over $10
billion in suspect charges by government contractors in Iraq--
costs deemed either unreasonable or unsupported by appropriate
documentation.
Congressional efforts to investigate government waste can
lead to tremendous benefits for American taxpayers. GAO, which
conducts investigations at the request of Members of Congress,
reports that the financial benefits from its work in fiscal
year 2006 alone totaled $51 billion.
House Rule 10, Clause 2 recognizes Congress' critical
oversight duties, establishing a process whereby each standing
committee is required to adopt an oversight plan for that
Congress. Under this rule, the Committee on Oversight and
Government Reform is to review the various plans and, in
consultation with the Speaker, the Majority Leader, and the
Minority Leader, report to the House the oversight plans along
with any recommendations that the House leadership and the
Committee may have to ensure effective coordination.
Pursuant to this rule, the Committee on Oversight and
Government Reform has reviewed and consulted with House
leadership about the oversight plans of the standing House
committees for the 110th Congress. These plans outline an
ambitious blueprint for meeting Congress' oversight
responsibilities. The Oversight Committee has several
recommendations regarding coordination of oversight in the
House of Representatives.
The committee first recommends that all committees draw on
the wide variety of available oversight resources in their
ongoing efforts to evaluate oversight needs and priorities.
GAO, in particular, has vast experience both in conducting and
evaluating the need for oversight. On January 9, 2007, GAO
identified dozens of suggested areas for oversight for the
110th Congress.\2\ GAO also recently issued its biannual ``High
Risk'' report, which identifies government programs that are
particularly vulnerable to waste, fraud, or abuse.\3\ Another
valuable resource for congressional oversight is the agency
Inspectors General, who can provide guidance to Congress
through their audit plans and individual counsel. Committees
should also review relevant court rulings, past committee
legislative and oversight reports, and the findings of other
experts.
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\2\ U.S. Government Accountability Office, Suggested Areas for
Oversight for the 110th Congress (GAO-07-235R) (Nov. 17, 2006), sent by
David Walker, Comptroller General of the United States, to
Representative Henry A. Waxman, chairman, House Committee on Oversight
and Government Reform (Jan. 9, 2007).
\3\ U.S. Government Accountability Office, High Risk Series: An
Update (GAO-07-310) (Jan. 31, 2007).
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In addition, in any oversight effort, the committees should
seek the expertise of the Committee on House Administration and
Committee on Standards of Official Conduct if any questions
arise regarding appropriate use of House resources and the
standards of conduct applicable to members and staff. The
oversight plans submitted by these two committees reflect a
commitment to ensuring that all House committees have the tools
and guidance necessary to facilitate efficient and ethical
oversight.
Further, the task of ensuring accountability and
appropriate policies on complex issues often requires the
participation of multiple committees. Based on their respective
jurisdictions and experience, different committees can lend
varying types of expertise to the evaluation of a given matter.
The oversight plans approved by the committees for the 110th
Congress recognize that a number of key issues demand scrutiny
by several different committees. With respect to such issues,
the committees and subcommittees should be in close
communication to ensure that they share the benefits of their
findings and unique expertise, as well as to avoid duplication
or redundancy.
Part II below describes a few examples of important areas
identified by committees on which these recommendations may be
instructive.
II. Examples of Key Oversight Areas
CONTRACTING
In recent years, the ``shadow government'' of private
companies working under Federal contract has exploded in size.
Between 2000 and 2005, procurement spending increased by over
$175 billion, making Federal contracts the fastest growing
component of Federal discretionary spending. Several committees
plan to examine this growth in government reliance on
contractors. The Committee on Homeland Security plans to focus
its oversight attention in this area on the integration and
coordination of procurement in the Department of Homeland
Security's legacy components and on ensuring that effective
management controls are put in place at the Department to
prevent waste, fraud, and abuse. The Committee on Oversight and
Government Reform plans to conduct oversight of contracting
governmentwide, with a continuing focus on those contracts
issued for services in Iraq. Other committees, including the
Committees on Science and Technology, Energy and Commerce,
Transportation and Infrastructure, and Veterans Affairs, plan
to conduct oversight of contracts let by agencies under the
committees' respective jurisdictions.
ECONOMIC SECURITY AND CONSUMER PROTECTION
House committees will also examine issues relating to
economic security and consumer protection that greatly affect
the lives of Americans without substantial economic means. The
Committee on Financial Services will oversee many Federal
assistance and consumer protection programs for housing,
insurance, investment, and access to financial services. The
Committee on Education and Labor plans to conduct oversight of
Federal protections of workers' rights and the Federal effort
to promote retirement security. The Committee on the Judiciary
will oversee Federal efforts to protect consumers against
fraud. The Committee on the Budget will evaluate whether the
Federal budget appropriately reflects domestic priorities. The
Committee on Energy and Commerce will examine Federal
activities to ensure the widespread deployment and availability
of technologies and services at reasonable rates.
EXECUTIVE POWER
Another subject of significant House oversight will be the
limits and use of executive power. The Committee on the
Judiciary will look into a variety of concerns regarding
unilateral exercise of executive branch authority, particularly
where it affects individual rights and liberties. The
Committees on Armed Services and Intelligence will review
issues relating to the implementation of the Military
Commission Act and the detention policies of the U.S. Military.
In addition, the Permanent Select Committee on Intelligence
plans to conduct an in-depth review of the President's NSA
Surveillance Program. Both the Permanent Select Committee on
Intelligence and the Committee on Oversight and Government
Reform plan to examine the classification, over-classification,
and selective declassification of executive branch material.
Finally, the Committee on Appropriations will review budget
requests for and the execution of intelligence activities.
GLOBAL CLIMATE CHANGE
Global climate change is one of the most complex and
significant issues that this Congress will address through both
oversight and legislative action. Accordingly, multiple
committees are planning oversight activities to consider the
impacts of global warming on our environment and economy and
policy options to avoid the worst potential effects.
The Committee on Energy and Commerce is planning a broad
review of the social, economic, cultural, and homeland security
implications of climate change and policy options for
responding to it. The Committee on Foreign Affairs is planning
hearings to examine international aspects of global climate
change. The Committee on Transportation and Infrastructure will
be looking at the connection between transportation policy and
energy policy in response to climate change concerns. The
Committee on Natural Resources plans to examine renewable
resource options, an effort that will contribute to our
understanding of ways to mitigate the global climate change.
The Committee on Oversight and Government Reform is examining
the influence of politics on the public dissemination of
findings of government scientists with expertise in global
climate change.
As Congress seeks appropriate policy options on global
warming, effective oversight coordination among the appropriate
committees could serve to advance initiatives that would
promote emissions reductions, advance carbon sequestration--
both geologic and in soils and forests--and help the Nation
prepare for unavoidable climate change. In addition, such
coordination could benefit efforts to further international
commitment to reduce greenhouse gases and to understand how the
prospects for such an agreement could be affected by domestic
action on global warming.
HEALTH
The Nation's health care system faces major challenges,
including large and growing numbers of Americans without health
care coverage, steeply rising health care costs, increases in
preventable chronic disease, an emergency care system that is
at the breaking point, and the threat of pandemic flu. A number
of House committees will review these and other pressing public
health issues. The Committee on Energy and Commerce plans to
review the management of the Medicaid and Medicare programs by
the Centers for Medicare & Medicaid Services [CMS], the ability
of the Centers for Disease Control and Prevention to respond to
disease outbreaks, and the capacity of the Food and Drug
Administration to ensure the safety of drugs, medical devices,
and the food supply. The Committee on Ways and Means plans to
conduct oversight on the operation of the Medicare program and
its administration by CMS, health insurance coverage, and
emergency care. The Committee on Small Business plans to
examine options for increasing affordable health insurance
coverage for small employers. The Committee on Agriculture
plans to review the Department of Agriculture's administration
of meat and poultry inspection laws and FDA's food inspection
activities. The Committee on Homeland Security plans to conduct
oversight on the actions by the Department of Homeland Security
[DHS] to provide for response capabilities to a biological
event, including a pandemic flu outbreak. The Committee on
Oversight and Government Reform has initiated investigations
into pharmaceutical pricing and marketing.
HOMELAND SECURITY
A number of committees will be conducting oversight to
ensure the Nation is best prepared to address homeland security
threats and domestic emergencies. Several committees will
monitor Hurricane Katrina reconstruction efforts in New Orleans
and the Gulf Coast. For instance, the Committee on Homeland
Security will be evaluating the Department of Homeland
Security's emergency preparedness and response plans in the
wake of the disaster. The Committee on Financial Services will
be overseeing federally provided housing in the region, and the
Committee on Energy and Commerce will conduct oversight into
the rebuilding of health services in the region. The Committee
on Homeland Security also will review key aspects of Federal
terrorism preparedness. The Committee on Transportation and
Infrastructure will oversee programs administrated by the
Department of Homeland Security and the Transportation Security
Administration regarding the security of the civil aviation
system. In addition, the Committee on Energy and Commerce will
oversee efforts to ensure adequate emergency communications
capabilities to first responders and the general public.
IRAQ AND AFGHANISTAN
The House will devote considerable oversight resources to
the ongoing war in Iraq, examining areas such as the number of
troops on the ground, the security situation, and contracts to
support reconstruction activities. The Committee on Armed
Services, for example, plans to review the President's strategy
for Iraq, the proper force strength, ongoing military
activities, and the effectiveness of the Iraq Security Forces.
The Committee on Foreign Affairs plans to look into both the
military and reconstruction components of U.S. policy, and to
monitor the Iraqi counter-insurgency efforts. The Committee on
Oversight and Government Reform plans to oversee Iraq
reconstruction with a focus on contracts with private companies
that provide reconstruction assistance in Iraq. The Committee
on Veterans Affairs will review whether the servicemen and
servicewomen returning from duty in Iraq and other areas are
receiving the health care, employment opportunities, and other
support our Nation owes its veterans.
Afghanistan is recognized as a front in the war on terror,
and committees plan to increase attention to ensuring
appropriate policy in that region. The Committee on Armed
Services intends to review the status of the NATO forces and
evaluate their ability to fight terrorism on the Afghani/
Pakistani border. The Committee on Foreign Affairs will also
review U.S. policy toward Afghanistan, particularly the threat
posed by the Taliban and the increase in narcotics production.
The Committee on the Budget will examine the impact on the
Federal budget of spending for efforts to combat terrorism in
this region and other areas.
III. Conclusion
The oversight plans approved by the standing House
committees have set the House on a course toward ensuring
accountability and appropriate policies on issues of concern to
the American public. The Committee on Oversight and Government
Reform will continue to work with the other House committees
and the House leadership throughout the 110th Congress to
promote effective congressional oversight.
[The oversight plans of all House committees follow:]
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
MINORITY VIEWS OF HON. TOM DAVIS, HON. CHRISTOPHER SHAYS, HON. DAN
BURTON, HON. JOHN L. MICA, HON. MARK E. SOUDER, HON. CHRIS CANNON, HON.
JOHN J. DUNCAN, JR., HON. MICHAEL R. TURNER, HON. DARRELL E. ISSA, HON.
KENNY MARCHANT, HON. LYNN A. WESTMORELAND, HON. PATRICK T. MCHENRY,
HON. VIRGINIA FOXX, HON. BRIAN P. BILBRAY, AND HON. BILL SALI
In the 109th Congress, this committee proved once again
that oversight matters. The committee and its seven
subcommittees convened 256 investigative hearings on a very
diverse portfolio of subjects, from contracting in Iraq to
steroids in professional baseball. At the committee's request,
the Government Accountability Office [GAO] produced 359
reports, testimonies and briefings in support of oversight
investigations and program reviews. As a result of this
committee's oversight, billions of dollars worth of outright
savings, avoidable costs and increased revenues have been
identified and captured.
Pursuant to the committee's broad jurisdictional grant
under House Rules, and guided by the committee's Oversight
Plan, investigations were pursued into matters affecting the
``[o]verall economy, efficiency, and management of government
operations and activities, including Federal procurement.'' \1\
In the course of that oversight, the committee and
subcommittees uncovered wasteful spending, mismanagement,
ineffective policy implementation, and poor interagency
coordination.
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\1\ Rule X, clause 1(h)(6), Rules of the House of Representatives,
109th Congress.
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Direct savings and other financial benefits identified as a
result of the committee's GAO work alone now total $6.4
billion.\2\ Current oversight yielded savings in areas such as
the Department of Defense excess property reutilization system
($42 million) and information technology investments at the
Department of Interior ($80 million).
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\2\ The total represents the net present value in fiscal year 2006
of financial benefits identified and accrued as a result of GAO
findings and recommendations contained in work on which the Government
Reform Committee was a requestor. The process used to calculate and
review savings and other financial benefits attributed to GAO
Recommendations is described at length in the Performance and
Accountability Report for Fiscal Year 2005 at http://www.gao.gov/
new.items/d061sp.pdf. Accessed March 28, 2007. Savings and other
benefits may be captured over 5 fiscal years.
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The minority agrees that one of Congress' main
constitutional responsibilities is to conduct oversight
regarding the scope of congressional hearings, and the minority
agrees this is captured well by the Supreme Court in Watkins v.
United States, namely
The power of the Congress to conduct investigations is
inherent in the legislative process. That power is
broad. It encompasses inquiries concerning the
administration of existing laws as well as proposed or
possibly needed statutes. It includes surveys of
defects in our social, economic or political system for
the purpose of enabling the Congress to remedy them. It
comprehends probes into departments of the Federal
Government to expose corruption, inefficiency or
waste.\3\
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\3\ Watkins v. United States, 354 U.S. 178, 187 (1957).
However, the oversight power is not absolute. The Supreme Court
finding relied on by the majority goes on to describe the need
for a balanced approach to the use of an important
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constitutional authority:
But, broad as is this power of inquiry, it is not
unlimited. There is no general authority to expose the
private affairs of individuals without justification in
terms of the functions of the Congress. This was freely
conceded by the Solicitor General in his argument of
this case. Nor is the Congress a law enforcement or
trial agency. These are functions of the executive and
judicial departments of government. No inquiry is an
end in itself; it must be related to, and in
furtherance of, a legitimate task of the Congress.
Investigations conducted solely for the personal
aggrandizement of the investigators or to ``punish''
those investigated are indefensible.\4\
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\4\ Id.
Effective, constructive oversight is much more a matter of
due diligence and digging than depositions and sensational
disclosures. The minority is concerned the majority may abuse
the deposition authority provided to this committee under the
110th House Rules. The minority also is concerned with the
majority's practice of threatening subpoenas to witnesses
unless they ``agree'' to transcribed interviews. These non-
deposition depositions, which were never anticipated in the
formulation of the committee rules, allow for the abrogation of
procedural rights and safeguards otherwise available to the
minority and the witnesses. Without those protections,
interviews happen with little or no notice, and selected
excerpts from the resulting ``transcripts'' appear in press
releases and unofficial committee documents.
We hope the committee will continue to uncover waste,
mismanagement and fraud in a non-partisan, non-abusive manner.
To that end, the minority requests that the following oversight
be conducted:
<bullet> LOn February 26, 2007, we requested the
committee conduct oversight on the implementation of
the REAL ID Act of 2005. The REAL ID Act requires the
Department of Homeland Security to establish security
standards for State drivers' licenses that will be used
for identification for Federal purposes, such as
boarding a commercial aircraft. Timely implementation
of these identification standards is critical to
improving national security. Yet, there have been
reports that at least 17 States have passed or are
considering resolutions opposing the implementation of
the REAL ID Act, and there are additional concerns over
the costs. The act authorizes making grants to States
and provides authority for the Secretary to grant
extensions of time if States ``provide adequate
justification for noncompliance.'' This committee
should examine the States' progress toward
implementation, including obstacles, and determine
whether full and timely implementation will subject
States to initial costs that warrant Federal support
and whether the Secretary has adequate authority to
extend the deadline for those States that encounter
real obstacles to full compliance by the May 2008
deadline.
<bullet> LOn March 21, 2007, we asked the committee to
continue its oversight into aviation security by
holding a hearing to examine whether current policies
on inspection of inbound air cargo adequately protect
Americans in the post-September 11th world. According
to TSA, approximately 200 carriers--foreign and
domestic--transported about 9.4 billion pounds of air
cargo into the United States in 2005. Approximately 40
percent of that, or about 4 billion pounds, were
shipped on passenger aircraft. A recent Government
Accountability Office report that Mr. Davis requested
has suggested that the Transportation Security
Administration and Border Protection take a variety of
steps to assess risks and vulnerabilities, share
information, implement an inspection plan, measure
compliance and join with industry and foreign
governments to identify security practices used
elsewhere that could strengthen DHS' programs.
<bullet> LThe majority plans to conduct oversight of
the Iraq war by focusing only on reconstruction
contracts with private companies. Since 2004, the
committee has been engaged in continuous and vigorous
oversight of contracting activities in the war zone,
including 5 full committee hearings, 14 subcommittee
sessions, numerous briefings from the agencies
involved, and review of thousands of documents from key
Federal agencies. Although continuing oversight over
reconstruction contracts is important for this
committee, we believe the majority's plans to focus
solely on contracting is too limiting. This committee
should conduct oversight across the board, by reviewing
what interagency coordination was conducted before
operations were launched, and how other agency
participation was supposed to help with the
reconstruction of Iraq and Afghanistan.
<bullet> LSince 2004, the committee has been
investigating conditions and medical processing systems
at Walter Reed and other Army medical holdover
hospitals. The investigation, which culminated in a
hearing in February 2005, uncovered serious stove-piped
processes, with no one responsible for assisting the
wounded through their care and disposition. The
committee ordered the Department of the Army to report
quarterly on actions taken to address the problems.
Lack of substantial efforts by the Army prompted Mr.
Davis to request Mr. Waxman hold a full committee
hearing on Walter Reed in February. Through the
experience of helping almost 100 individual soldiers
navigate the system, Mr. Davis helped draft legislative
proposals to bring immediate improvements to the
Department of Defense wide medical system. Continued
oversight is needed to assure what should be a major
overhaul of the Department of Defense medical
processing and assistance to the wounded.
<bullet> LThe committee has conducted vigorous
oversight of post-September 11th challenges that face
the National Guard and its personnel. Starting in
January 2004, the committee has held hearings on
Department of Defense programs that did not take into
account the growing reliance on the Reserve component
at home and abroad. Specifically, committee
investigations into payment travel reimbursement
problems affecting the Army Guard and Reserve, Federal
debt collection from the wounded, and stove-piped
medical hold processing systems, have resulted in
changes in Department of Defense personnel policies for
Reserve component soldiers and their families. The
committee also has held hearings challenging the
Department of Defense to better resource, equip and
train the National Guard in its historic role as first
military responders to homeland disasters. The
committee has heard testimony from some of our Nation's
Governors, in the continuing effort to improve Federal/
State integrated disaster response.
<bullet> LButtressed by GAO studies sponsored by Mr.
Davis and the House Katrina Report, the committee has
found that the Department of Defense has continually
ignored its responsibility to equip the National Guard,
as it currently receives less than 10 percent of the
Department budget despite providing 45 percent of the
combat forces abroad and 99 percent of military
assistance to civilian authorities at home. In 2006,
Mr. Davis sponsored the bi-partisan, bi-cameral
National Guard Empowerment Act. Supported by the
National Governors, State Adjutants General, National
Guard Associations and its members, this bill would
allow for better planning, resourcing and
representation of the Guard at the Department of
Defense. This bill has been the focus of the work of
the Commission on National Guard and Reserve and has
been re-introduced in 2007. Mr. Davis has asked Mr.
Waxman to continue to build on this oversight by
holding hearings focused on correcting the inequalities
at the Department of Defense concerning active and
Reserve component soldiers and improving joint Federal
and State military planning, training and exercising
for man-made and natural-disaster response.
<bullet> LWe also strongly urge the committee to
continue the Subcommittee on Energy and Resources'
investigation of the Interior Department's Minerals
Management Service [MMS] over defective leases that
were signed in 1998 and 1999. MMS' failure to include
statutorily required royalty payments in offshore oil
leases already has cost taxpayers billions and if the
ongoing lawsuit to remove price thresholds in all
leases from 1996 to 2000 is successful, they could lose
up to $80 billion. The investigation should be
continued to insure MMS audit and compliance functions,
its structure, organization and personnel policies are
ensuring the full payment of royalties to the
government.
The minority also has concerns with the manner in which
certain current oversight investigations are being conducted:
<bullet> LWe have concerns with the committee's
handling of its investigation into how pharmaceutical
pricing may contribute to waste, fraud and abuse in
Federal health programs. The committee requested 12
sponsors of Medicare Part D prescription drug programs
to provide information regarding the price concessions
they have negotiated with drug manufacturers and the
plans' individual cost structures. Committee staffers
have indicated they will release the information per
findings of gross abuse. This information is highly
confidential, and therefore, it is critical for the
committee to be sensitive in handling the information.
Disclosure of proprietary business information--
including pharmaceutical pricing information--can be
anticompetitive. The minority is concerned it could
result in higher, not lower, drug prices for consumers.
The Congressional Budget Office recently estimated
disclosure of this information could result in an
increase of $10 billion in Medicare costs over the next
10 years.
LWhile the Medicare Part D program is off to a
strong start, we agree Congress should monitor the
program. However, any efforts to oversee the program
must take into account the confidential nature of the
plan's negotiations. Congressional oversight should not
undermine the plans' ability to negotiate further
discounts on behalf of Medicare beneficiaries.
<bullet> LIn the 109th Congress, then-Chairman Davis
held two hearings investigating climate change,
including the science of climate change, potential
impacts of climate change, and possible technological
solutions to climate change. The committee was
commended for stripping away partisan differences and
tackling one of the most important and critical issues
currently facing Americans. Additionally, the committee
opened its ongoing investigation into allegations of
political interference in climate change science by the
White House.
LThe minority is concerned by the tone and manner of
this ongoing investigation. Specifically, the minority
recognizes scientists and policymakers rely upon one
another and, specifically, that the mere convergence of
politics and science does not in itself denote
``interference.'' Further, the minority is concerned
the committee's inquiries may be moving from a
legitimate conversation about politics and science into
a potentially dangerous dynamic where the academic
freedom of scientists--especially those perceived to
have the ``wrong'' conclusions--is inhibited. The
minority is concerned current committee hearings
relating to issues of politicization of science are
entirely backwards-looking and would recommend more
proactive steps toward solving the growing threat of
climate change.
Hon. Tom Davis.
Hon. Christopher Shays.
Hon. Dan Burton.
Hon. John L. Mica.
Hon. Mark E. Souder.
Hon. Chris Cannon.
Hon. John J. Duncan, Jr.
Hon. Michael R. Turner.
Hon. Darrell E. Issa.
Hon. Kenny Marchant.
Hon. Lynn A. Westmoreland.
Hon. Patrick T. McHenry.
Hon. Virginia Foxx.
Hon. Brian P. Bilbray.
Hon. Bill Sali.
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