[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7836-S7837]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SENATE RESOLUTION 665--TO REQUIRE A WITNESS BEFORE A COMMITTEE HEARING
TO FILE A DISCLOSURE FORM IDENTIFYING SUBSTANTIAL FINANCIAL INTERESTS
OR COMPENSATION FROM AN ORGANIZATION OR COMPANY DIRECTLY RELATED TO THE
SUBJECT OF A HEARING
Mr. GRASSLEY submitted the following resolution; which was referred
to the Committee on Rules and Administration:
S. Res. 665
Resolved,
SECTION 1. SHORT TITLE.
This resolution may be cited as the ``Witness Sunshine
Resolution''.
SEC. 2. AMENDMENT TO THE STANDING RULES.
Paragraph 4(b) of rule XXVI of the Standing Rules of the
Senate is amended by--
(1) inserting ``(1)'' after ``(b)''; and
(2) inserting at the end the following:
``(2)(A) Each committee (including the Committee on
Appropriations) shall require each witness who is to appear
before the committee in any hearing to file with the clerk of
the committee, at least 1 day before the date of the
appearance of that witness, a disclosure form identifying any
arrangement, affiliation, relationship, or substantial
financial interest the witness has with any organization,
company, private, or government entity directly related to
the subject of the hearing as well as the nature of the
relationship disclosed, unless the committee chairman and the
ranking minority member determine that there is good cause
for noncompliance.
``(B) For any witness who at the time of the hearing is
employed by the Federal Government, submission of his or her
Executive Branch Personnel Public Financial Disclosure Report
may fulfill the requirements of this clause at the discretion
of the Chairman and the Ranking Member so long as the
completed form is up to date and discloses all relevant
arrangements, affiliations, relationships, and substantial
financial interests.
``(C) If so requested by the committee, the staff of the
committee shall prepare for the use of the members of the
committee before each day of hearing before the committee a
digest of the disclosure forms which have been filed under
this clause by witnesses who are to appear before the
committee on that day. In addition, the disclosure forms
shall be made part of the committee record.''.
Mr. GRASSLEY. Mr. President, so far during the 111th Congress, the
Finance Committee, of which I serve as the ranking Republican member,
has held over 50 hearings. At those hearings, around 200 witnesses
offered their testimony and answered members' questions. The witnesses
who testify at our hearings are considered to be some of the most
qualified experts in their field and their participation is critical to
the legislative process. Because of their influence on legislation, it
is important that Congress knows to what extent the witness' testimony
is objective and if the witness has any significant interest in the
outcome of potential legislation.
Three of the hearings held by the Finance Committee this Congress
were roundtable discussions on health care reform. These discussions
brought 41 witnesses, including industry stakeholders and academic
leaders, before the committee to share their expert knowledge on policy
options for health reform.
At one of these roundtables, Dr. Jonathan Gruber, a health care
economist and professor at the Massachusetts Institute of Technology,
testified before the committee on health care reform. I thought he was
an unbiased expert, but was later disappointed to hear that he had been
paid over $400,000 by the administration to help advance the
president's health care proposals. At the very least, he should have
been straightforward with the committee and disclosed this financial
interest.
In addition to his testimony before the Finance Committee, Dr. Gruber
testified in front of the HELP Committee and was also a high-profile
supporter of the administration's health care reform effort in the
media. In only a handful of his many articles on health care reform did
he disclose his financial conflict of interest.
While the propriety of Dr. Gruber advocating for administration
positions in the media and other venues while failing to disclose his
financial ties to the administration has been called into question, I
am especially concerned about his advocacy before the U.S. Congress.
When an academic leader comes before Congress to advocate a position,
Congress should have confidence that the witness is both independent
and objective and not being paid to assist the administration, or any
other organization, in its efforts.
Equally troubling is the Department of Health and Human Services,
which has been unresponsive to efforts by Senator Enzi and myself to
learn more about their practice of hiring consultants to advance the
President's agenda.
The fact that this expert was paid by the administration--and hid
that fact from Congress--really taints everything this particular
advocate told the committees. If Congress had been aware of his
arrangement with HHS prior to his testimony, we would have had the
opportunity to clarify that relationship with Dr. Gruber before
considering his opinions and ideas. Unfortunately, when we learn about
it after the fact, it completely discredits the information he
presented.
To follow up on this alarming news, Senator Enzi and I sent a letter
to Dr. Gruber on January 26, 2010, asking him for details of any other
government contracts he might have or might have had over the last 5
years and for details on whether he disclosed his government ties
during media interviews, speaking engagements and written works on
health care reform.
Dr. Gruber's response failed to answer any of the questions posed in
the letter. Instead, the response barely exceeded one page in length,
was dismissive of any concern about the lack of disclosure and
attempted to excuse his failure to disclose and to explain away the
need for any detailed response. Furthermore, Dr. Gruber did not even
commit to providing any such disclosure of the financial relationship
with the Administration in the future.
Unfortunately, Dr. Gruber's failure to answer our questions came as
no surprise. In my 30 years serving in the United States Congress, I
have found that chasing answers on the back end is much more difficult
than requiring clarity and transparency from the start. And many of my
colleagues might be surprised to find out that although many witnesses
voluntarily disclose their affiliations or relationships so that they
can explain them, no Senate committee currently requires witnesses to
disclose potential conflicts of interest.
Dr. Gruber even highlighted this point when he said in his February
23 letter that, ``to the best of my recollection, during the course of
my health care reform work with Congress, no Member or staffer ever
asked me whether I held any government contracts.''
In retrospect, if we were to have asked Dr. Gruber to disclose his
agreements with the administration up front, we would have had the
ability to ask him questions in-person, and he would have been given a
chance to explain the relationship before testifying, so that his
testimony could be given its proper weight. Our failure as an
institution to ask for transparency in testimony is a problem that has
a simple
[[Page S7837]]
solution, a solution that most other institutions that rely on the work
of academic experts have already implemented. The solution is to simply
ask witnesses who come before the Senate to disclose any potential
conflicts of interest up front.
Our colleagues in the House of Representatives are already requiring
witnesses to do this and there is no reason why we shouldn't require
the same level of transparency from witnesses who come before the
Senate.
That is why today I am submitting the Witness Sunshine resolution.
This resolution will make the Senate committee hearings more
transparent and thus more credible and valuable to the legislative
process. It achieves this goal by requiring each witness that appears
before any Senate committee to submit a form disclosing outside
affiliations and financial interests in any organizations, including
government entities, that are directly related to the topic of the
committee hearing.
In August, I was happy to learn that the administration is supportive
of this idea. In an August 4 letter, Secretary Sebelius wrote me
saying, ``Should the Senate Finance Committee or any other
Congressional Committee choose to [require witnesses to submit
financial disclosure forms in advance of an appearance before the
Committee], I would certainly encourage HHS contractors to fully comply
with [that requirement].''
So adopting this rule should be an easy decision for the Senate. Our
colleagues in the House of Representatives have been requiring this
level of transparency for over a decade and now we know that the
administration supports the idea as well. The House tells me that their
witnesses are not overburdened or discouraged to offer testimony
because of this requirement. I have carefully drafted this resolution
so that the requirement for transparency similarly does not burden
Senate witnesses.
It is time for this body to meet the standards for transparency set
by the House and followed in so many other institutions across the
country. Supporting my resolution will help ensure that future
testimony can be given its proper weight, and end the uncertainty of
unknown interests influencing testimony. I urge my colleagues to
support my resolution.
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