[House Report 108-815]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-815
_______________________________________________________________________
Union Calendar No. 500
ACTIVITIES
of the
HOUSE COMMITTEE ON GOVERNMENT REFORM
ONE HUNDRED EIGHTH CONGRESS
FIRST AND SECOND SESSIONS
2003-2004
(Pursuant to House Rule XI, 1(d)(4))
Available via the World Wide Web: http://www.gpo.gov/congress/house
http://www.house.gov/reform
January 3, 2005.--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) 512�091800
Fax: (202) 512�092250 Mail: Stop SSOP, Washington, DC 20402�090001
COMMITTEE ON GOVERNMENT REFORM
TOM DAVIS, Virginia, Chairman
DAN BURTON, Indiana HENRY A. WAXMAN, California
CHRISTOPHER SHAYS, Connecticut TOM LANTOS, California
ILEANA ROS-LEHTINEN, Florida MAJOR R. OWENS, New York
JOHN M. McHUGH, New York EDOLPHUS TOWNS, New York
JOHN L. MICA, Florida PAUL E. KANJORSKI, Pennsylvania
MARK E. SOUDER, Indiana CAROLYN B. MALONEY, New York
STEVEN C. LaTOURETTE, Ohio ELIJAH E. CUMMINGS, Maryland
DOUG OSE, California DENNIS J. KUCINICH, Ohio
RON LEWIS, Kentucky DANNY K. DAVIS, Illinois
TODD RUSSELL PLATTS, Pennsylvania JOHN F. TIERNEY, Massachusetts
CHRIS CANNON, Utah WM. LACY CLAY, Missouri
ADAM H. PUTNAM, Florida DIANE E. WATSON, California
EDWARD L. SCHROCK, Virginia STEPHEN F. LYNCH, Massachusetts
JOHN J. DUNCAN, Jr., Tennessee CHRIS VAN HOLLEN, Maryland
NATHAN DEAL, Georgia LINDA T. SANCHEZ, California
CANDICE S. MILLER, Michigan C.A. ``DUTCH'' RUPPERSBERGER,
TIM MURPHY, Pennsylvania Maryland
MICHAEL R. TURNER, Ohio ELEANOR HOLMES NORTON, District of
JOHN R. CARTER, Texas Columbia
MARSHA BLACKBURN, Tennessee JIM COOPER, Tennessee
PATRICK J. TIBERI, Ohio BETTY McCOLLUM, Minnesota
KATHERINE HARRIS, Florida ------
MICHAEL C. BURGESS, Texas BERNARD SANDERS, Vermont
(Independent)
Melissa Wojciak, Staff Director
David Marin, Deputy Staff Director/Communications Director
Keith Ausbrook, Chief Counsel
Rob Borden, Senior Counsel/Parliamentarian
Teresa Austin, Chief Clerk
Phil Barnett, Minority Chief of Staff/Chief Counsel
?
LETTER OF TRANSMITTAL
----------
House of Representatives,
Washington, DC, January 3, 2005.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to House Rule XI, clause
1(d)(4), I submit the enclosed the activities report of the
Committee on Government Reform for the 108th Congress.
Tom Davis,
Chairman.
(iii)
C O N T E N T S
----------
Page
Part One. Committee Organization................................. 1
I. Jurisdiction and History of the Committee........................1
II. Rules and Organization of the Committee..........................4
Part Two. Committee Accomplishments.............................. 13
I. Legislative Accomplishments.....................................13
A. Legislation enacted into Law.......................... 14
B. Legislation considered by the House................... 21
C. Legislation considered by the Committee............... 23
D. Postal facility designations considered by the
Committee or the House............................... 25
E. Resolutions considered by the Committee or the House.. 47
II. Oversight and Investigative Accomplishments.....................65
Part Three. Full Committee Meetings.............................. 69
I. Full Committee Hearings.........................................69
II. Full Committee Business Meetings...............................105
Part Four. Subcommittee Accomplishments.......................... 107
Subcommittee on Civil Service and Agency Organization.......... 107
Subcommittee on Criminal Justice, Drug Policy and Human
Resources.................................................... 128
Subcommittee on Energy Policy, Natural Resources and Regulatory
Affairs...................................................... 171
Subcommittee on Government Efficiency and Financial Management. 191
Subcommittee on Human Rights and Wellness...................... 211
Subcommittee on National Security, Emerging Threats and
Intergovernmental Relations.................................. 221
Subcommittee on Technology, Information Policy,
Intergovernmental Relations and the Census................... 248
APPENDIX
Committee Prints................................................. 271
Investigative Reports............................................ 271
Legislative Reports.............................................. 271
VIEWS
Views of Ranking Minority Member Henry A. Waxman................. 274
Union Calendar No. 500
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-815
======================================================================
ACTIVITIES OF THE HOUSE COMMITTEE ON GOVERNMENT REFORM
_______
January 3, 2005.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Davis of Virginia, from the Committee on Government Reform,
submitted the following
REPORT
ACTIVITIES OF THE HOUSE COMMITTEE ON GOVERNMENT REFORM, 108TH CONGRESS,
1ST AND 2D SESSIONS, 2003 AND 2004
PART ONE. COMMITTEE ORGANIZATION
I. History and Jurisdiction of the Committee
The Committee on Government Reform serves both as the House
of Representative's government operations committee and also as
its chief investigative and oversight body, reviewing
allegations of waste, fraud and mismanagement across the
Federal Government. Alone among the House committees, the
Committee on Government Reform has legislative jurisdiction
over the operations of all Federal agencies including, human
resources, information technology, procurement, and financial
and general management policy. Unlike other House committees,
the committee has the authority to conduct oversight and
investigations outside of its legislative jurisdiction. The
committee's unique legislative jurisdiction and oversight
authority make it one of the most influential committees in the
House of Representatives.
Congressman Tom Davis (R-VA) served as the chairman of the
committee in the 108th Congress. The ranking minority member
was Congressman Henry Waxman (D-CA).
The Committee on Government Reform first appeared in 1927
as the Committee on Expenditures in the Executive Departments.
It was created by consolidating the 11 Committees on
Expenditures previously responsible for overseeing how taxpayer
moneys were spent at each executive branch department.
Under the Legislative Reorganization Act of 1946, the
committee was renamed the Committee on Government Operations.
The name change was intended to communicate the primary
function of the committee to study ``the operations of
Government activities at all levels with a view to determining
their economy and efficiency.'' The Government Operations
Committee's oversight jurisdiction over all Federal agencies
and departments was unprecedented in the legislative branch.
On January 4, 1995, Republicans assumed control of the
House of Representatives for the first time in over 40 years.
Republicans immediately implemented several internal reforms,
including an initiative to reduce the number of standing
committees in the House and cut committee staffs by one-third.
The Committee on Government Reform exemplified the changes that
took place in the House. Both the Committee on Post Office and
Civil Service and the Committee on the District of Columbia
were consolidated into the newly named Government Reform and
Oversight Committee. The name change highlighted the Republican
view that the Federal Government needed reform to ensure
accountability. This consolidation of three committees into one
resulted in millions of dollars in savings and a nearly 50
percent reduction in staff. At the start of the 107th Congress,
the committee's name was shortened to the Committee on
Government Reform.
House Rule X, clause 1(h) sets forth the committee's
jurisdiction, functions, and responsibilities as follows:
1. The Federal Civil Service, including
intergovernmental personnel; and the status of officers
and employees of the United States, including their
compensation, classification, and retirement.
2. Municipal affairs of the District of Columbia in
general (other than appropriations).
3. Federal paperwork reduction.
4. Government management and accounting measures
generally.
5. Holidays and celebrations.
6. Overall economy, efficiency, and management of
government operations and activities, including Federal
procurement.
7. National Archives.
8. Population and demography generally, including the
Census.
9. Postal Service generally, including transportation
of the mails.
10. Public information and records.
11. Relationship of the Federal Government to the
States and municipalities generally.
12. Reorganizations in the executive branch of the
Government.
Every standing committee, including the Committee on
Government Reform, has general oversight responsibilities
pursuant to House Rule X, clause 2. These responsibilities
include the analysis, appraisal, and evaluation of Federal laws
including the necessity or desirability of enacting new or
additional legislation. The committees are also charged with
determining whether laws and programs are being implemented and
carried out in accordance with the intent of Congress and
whether they should be continued, curtailed, or eliminated.
Each standing committee is required to review and study on a
continuing basis the application, administration, execution,
and effectiveness of laws and programs addressing subjects
within its jurisdiction as well as the organization and
operation of agencies within its jurisdiction.
In addition to its general oversight responsibilities, the
Committee on Government Reform has the following special and
additional functions:
Special oversight functions, Rule X, clause 3(e)
The Committee on Government Reform shall review and
study on a continuing basis the operation of Government
activities at all levels with a view to determining
their economy and efficiency.
Additional functions of committees, Rule X clause 4(c)
(1) The Committee on Government Reform shall--
(A) receive and examine reports of the Comptroller
General of the United States and submit to the House
such recommendations as it considers necessary or
desirable in connection with the subject matter of the
reports;
(B) evaluate the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(C) study intergovernmental relationships between the
United States and the States and municipalities and
between the United States and international
organizations of which the United States is a member.
(2) In addition to its duties under subparagraph (1),
the Committee on Government Reform may at any time
conduct investigations of any matter without regard to
clause 1, 2, 3, or this clause conferring jurisdiction
over the matter to another standing committee. The
findings and recommendations of the committee in such
an investigation shall be made available to any other
standing committee having jurisdiction over the matter
involved.
In the 108th Congress, 44 members served on the committee,
including 24 Republicans, 19 Democrats and 1 Independent. The
committee had seven subcommittees. The jurisdiction of the
subcommittees was established by committee resolution on
February 13, 2003 along with the rules of the committee. The
committee rules and the subcommittee resolution are reproduced
below, followed by the subcommittee rosters for the 108th
Congress.
II. Rules and Organization of the Committee
U.S. House of Representatives
108th Congress
----------
Rule XI, clause 1(a)(1)(A) of the House of Representatives
provides:
Except as provided in subdivision (B), the Rules of
the House are the rules of its committees and
subcommittees so far as applicable.
(B) A motion to recess from day to day, and a motion
to dispense with the first reading (in full) of a bill
or resolution, if printed copies are available, each
shall be privileged in committees and subcommittees and
shall be decided without debate.
Rule XI, clause 2(a)(1) of the House of Representatives
provides, in part:
Each standing committee shall adopt written rules
governing its procedure.
In accordance with this, the Committee on Government
Reform, on February 13, 2003, adopted the rules of the
committee:
Rule 1.--Application of Rules
Except where the terms ``full committee'' and
``subcommittee'' are specifically referred to, the following
rules shall apply to the Committee on Government Reform and its
subcommittees as well as to the respective chairmen.
Rule 2.--Meetings
The regular meetings of the full committee shall be held on
the second Tuesday of each month at 10 a.m., when the House is
in session. The chairman is authorized to dispense with a
regular meeting or to change the date thereof, and to call and
convene additional meetings, when circumstances warrant. A
special meeting of the committee may be requested by members of
the committee following the provisions of House Rule XI, clause
2(c)(2). Subcommittees shall meet at the call of the
subcommittee chairmen. Every member of the committee or the
appropriate subcommittee, unless prevented by unusual
circumstances, shall be provided with a memorandum at least
three calendar days before each meeting or hearing explaining
(1) the purpose of the meeting or hearing; and (2) the names,
titles, background and reasons for appearance of any witnesses.
The ranking minority member shall be responsible for providing
the same information on witnesses whom the minority may
request.
Rule 3.--Quorums
A majority of the members of the committee shall form a
quorum, except that two members shall constitute a quorum for
taking testimony and receiving evidence, and one-third of the
members shall form a quorum for taking any action other than
the reporting of a measure or recommendation. If the chairman
is not present at any meeting of the committee or subcommittee,
the ranking member of the majority party on the committee or
subcommittee who is present shall preside at that meeting.
Rule 4.--Committee Reports
Bills and resolutions approved by the committee shall be
reported by the chairman following House Rule XIII, clauses 2-
4.
A proposed report shall not be considered in subcommittee
or full committee unless the proposed report has been available
to the members of such subcommittee or full committee for at
least three calendar days (excluding Saturdays, Sundays, and
legal holidays, unless the House is in session on such days)
before consideration of such proposed report in subcommittee or
full committee. Any report will be considered as read if
available to the members at least 24 hours before
consideration, excluding Saturdays, Sundays, and legal holidays
unless the House is in session on such days. If hearings have
been held on the matter reported upon, every reasonable effort
shall be made to have such hearings available to the members of
the subcommittee or full committee before the consideration of
the proposed report in such subcommittee or full committee.
Every investigative report shall be approved by a majority vote
of the committee at a meeting at which a quorum is present.
Supplemental, minority, or additional views may be filed
following House Rule XI, clause 2(l) and Rule XIII, clause
3(a)(1). The time allowed for filing such views shall be three
calendar days, beginning on the day of notice, but excluding
Saturdays, Sundays, and legal holidays (unless the House is in
session on such a day), unless the committee agrees to a
different time, but agreement on a shorter time shall require
the concurrence of each member seeking to file such views.
An investigative or oversight report may be filed after
sine die adjournment of the last regular session of Congress,
provided that if a member gives timely notice of intention to
file supplemental, minority or additional views, that member
shall be entitled to not less than seven calendar days in which
to submit such views for inclusion with the report.
Only those reports approved by a majority vote of the
committee may be ordered printed, unless otherwise required by
the Rules of the House of Representatives.
Rule 5.--Proxy Votes
In accordance with the Rules of the House of
Representatives, members may not vote by proxy on any measure
or matter before the committee or any subcommittee.
Rule 6.--Record Votes
A record vote of the members may be had upon the request of
any member upon approval of a one-fifth vote of the members
present.
Rule 7.--Record of Committee Actions
The committee staff shall maintain in the committee offices
a complete record of committee actions from the current
Congress including a record of the rollcall votes taken at
committee business meetings. The original records, or true
copies thereof, as appropriate, shall be available for public
inspection whenever the committee offices are open for public
business. The staff shall assure that such original records are
preserved with no unauthorized alteration, additions, or
defacement.
Rule 8.--Subcommittees; Referrals
There shall be seven subcommittees with appropriate party
ratios that shall have fixed jurisdictions. Bills, resolutions,
and other matters shall be referred by the chairman to
subcommittees within two weeks for consideration or
investigation in accordance with their fixed jurisdictions.
Where the subject matter of the referral involves the
jurisdiction of more than one subcommittee or does not fall
within any previously assigned jurisdiction, the chairman shall
refer the matter as he may deem advisable. Bills, resolutions,
and other matters referred to subcommittees may be reassigned
by the chairman when, in his judgement, the subcommittee is not
able to complete its work or cannot reach agreement therein. In
a subcommittee having an even number of members, if there is a
tie vote with all members voting on any measure, the measure
shall be placed on the agenda for full committee consideration
as if it had been ordered reported by the subcommittee without
recommendation. This provision shall not preclude further
action on the measure by the subcommittee.
Rule 9.--Ex Officio Members
The chairman and the ranking minority member of the
committee shall be ex officio members of all subcommittees.
They are authorized to vote on subcommittee matters; but,
unless they are regular members of the subcommittee, they shall
not be counted in determining a subcommittee quorum other than
a quorum for taking testimony.
Rule 10.--Staff
Except as otherwise provided by House Rule X, clauses 6, 7
and 9, the chairman of the full committee shall have the
authority to hire and discharge employees of the professional
and clerical staff of the full committee and of subcommittees.
Rule 11.--Staff Direction
Except as otherwise provided by House Rule X, clauses 6, 7
and 9, the staff of the committee shall be subject to the
direction of the chairman of the full committee and shall
perform such duties as he may assign.
Rule 12.--Hearing Dates and Witnesses
The chairman of the full committee will announce the date,
place, and subject matter of all hearings at least one week
before the commencement of any hearings, unless he determines,
with the concurrence of the ranking minority member, or the
committee determines by a vote, that there is good cause to
begin such hearings sooner. So that the chairman of the full
committee may coordinate the committee facilities and hearings
plans, each subcommittee chairman shall notify him of any
hearing plans at least two weeks before the date of
commencement of hearings, including the date, place, subject
matter, and the names of witnesses, willing and unwilling, who
would be called to testify, including, to the extent he is
advised thereof, witnesses whom the minority members may
request. The minority members shall supply the names of
witnesses they intend to call to the chairman of the full
committee or subcommittee at the earliest possible date.
Witnesses appearing before the committee shall so far as
practicable, submit written statements at least 24 hours before
their appearance and, when appearing in a non-governmental
capacity, provide a curriculum vitae and a listing of any
Federal Government grants and contracts received in the
previous fiscal year.
Rule 13.--Open Meetings
Meetings for the transaction of business and hearings of
the committee shall be open to the public or closed in
accordance with Rule XI of the House of Representatives.
Rule 14.--Five-Minute Rule
(1) A committee member may question a witness only when
recognized by the chairman for that purpose. In accordance with
House Rule XI, clause 2(j)(2), each committee member may
request up to five minutes to question a witness until each
member who so desires has had such opportunity. Until all such
requests have been satisfied, the chairman shall, so far as
practicable, recognize alternately based on seniority of those
majority and minority members present at the time the hearing
was called to order and others based on their arrival at the
hearing. After that, additional time may be extended at the
direction of the chairman.
(2) The chairman, with the concurrence of the ranking
minority member, or the committee by motion, may permit an
equal number of majority and minority members to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side.
(3) The chairman, with the concurrence of the ranking
minority member, or the committee by motion, may permit
committee staff of the majority and minority to question a
witness for a specified, total period that is equal for each
side and not longer than thirty minutes for each side.
(4) Nothing in paragraph (2) or (3) affects the rights of a
Member (other than a Member designated under paragraph (2)) to
question a witness for 5 minutes in accordance with paragraph
(1) after the questioning permitted under paragraph (2) or (3).
In any extended questioning permitted under paragraph (2) or
(3), the chairman shall determine how to allocate the time
permitted for extended questioning by majority members or
majority committee staff and the ranking minority member shall
determine how to allocate the time permitted for extended
questioning by minority members or minority committee staff.
The chairman or the ranking minority member, as applicable, may
allocate the time for any extended questioning permitted to
staff under paragraph (3) to members.
Rule 15.--Investigative Hearing Procedures
Investigative hearings shall be conducted according to the
procedures in House Rule XI, clause 2(k). All questions put to
witnesses before the committee shall be relevant to the subject
matter before the committee for consideration, and the chairman
shall rule on the relevance of any questions put to the
witnesses.
Rule 16.--Stenographic Record
A stenographic record of all testimony shall be kept of
public hearings and shall be made available on such conditions
as the chairman may prescribe.
Rule 17.--Audio and Visual Coverage of Committee Proceedings
(1) An open meeting or hearing of the committee or a
subcommittee may be covered, in whole or in part, by television
broadcast, radio broadcast, Internet broadcast, and still
photography, unless closed subject to the provisions of House
Rule XI, clause 2(g). Any such coverage shall conform with the
provisions of House Rule XI, clause 4.
(2) Use of the Committee Broadcast System shall be fair and
nonpartisan, and in accordance with House Rule XI, clause 4(b),
and all other applicable rules of the House of Representatives
and the Committee on Government Reform. Members of the
committee shall have prompt access to a copy of coverage by the
Committee Broadcast System, to the extent that such coverage is
maintained.
(3) Personnel providing coverage of an open meeting or
hearing of the committee or a subcommittee by Internet
broadcast, other than through the Committee Broadcast System,
shall be currently accredited to the Radio and Television
Correspondents' Galleries.
Rule 18.--Additional Duties of Chairman
The chairman of the full committee shall:
(a) Make available to other committees the findings
and recommendations resulting from the investigations
of the committee or its subcommittees as required by
House Rule X, clause 4(c)(2);
(b) Direct such review and studies on the impact or
probable impact of tax policies affecting subjects
within the committee's jurisdiction as required by
House Rule X, clause 2(c);
(c) Submit to the Committee on the Budget views and
estimates required by House Rule X, clause 4(f), and to
file reports with the House as required by the
Congressional Budget Act;
(d) Authorize and issue subpoenas as provided in
House Rule XI, clause 2(m), in the conduct of any
investigation or activity or series of investigations
or activities within the jurisdiction of the committee;
(e) Prepare, after consultation with subcommittee
chairmen and the minority, a budget for the committee
which shall include an adequate budget for the
subcommittees to discharge their responsibilities;
(f) Make any necessary technical and conforming
changes to legislation reported by the committee upon
unanimous consent; and
(g) Designate a vice chairman from the majority
party.
Rule 19.--Commemorative Stamps
The committee has adopted the policy that the determination
of the subject matter of commemorative stamps properly is for
consideration by the Postmaster General and that the committee
will not give consideration to legislative proposals for the
issuance of commemorative stamps. It is suggested that
recommendations for the issuance of commemorative stamps be
submitted to the Postmaster General.
Rule 20.--Panels and Task Forces
(a) The chairman of the committee is authorized to appoint
panels or task forces to carry out the duties and functions of
the committee.
(b) The chairman and ranking minority member of the
committee may serve as ex-officio members of each panel or task
force.
(c) The chairman of any panel or task force shall be
appointed by the chairman of the committee. The ranking
minority member shall select a ranking minority member for each
panel or task force.
(d) The House and committee rules applicable to
subcommittee meetings, hearings, recommendations and reports
shall apply to the meetings, hearings, recommendations and
reports of panels and task forces.
(e) No panel or task force so appointed shall continue in
existence for more than six months. A panel or task force so
appointed may, upon the expiration of six months, be
reappointed by the chairman.
Establishment of Subcommittees
In order to perform its functions and to carry out its
duties as fully and as effectively as possible, the committee,
under the leadership of Chairman Tom Davis at the beginning of
the 108th Congress, established seven standing subcommittees,
which cover the entire field of executive expenditures and
operations.
Committee on Government Reform adopted the following
resolution on February 13, 2003.
Resolved,
Section One. Subcommittee on National Security, Emerging
Threats and International Relations.
(a) Upon the adoption of this resolution, there is hereby
established the Subcommittee on National Security, Emerging
Threats and International Relations.
(b) The jurisdiction of the subcommittee shall include all
matters relating to national security, emerging threats,
veterans affairs, and international relations, including anti-
terrorism efforts, both foreign and domestic, and international
trade.
(c) There shall be twenty Members appointed to serve on the
Subcommittee on National Security, Emerging Threats and
International Relations, eleven of whom shall be from the
majority party, and nine of whom shall be from the minority
party.
Section Two. Subcommittee on Human Rights and Wellness.
(a) Upon the adoption of this resolution, there is hereby
established the Subcommittee on Human Rights and Wellness.
(b) The jurisdiction of the subcommittee shall include all
matters relating to health care, public health policy and human
rights. All matters relating to the health and well being of
families and children.
(c) There shall be seven Members appointed to serve on the
Subcommittee on Human Rights and Wellness, four of whom shall
be from the majority party, and three of whom shall be from the
minority party.
Section Three. Subcommittee on Criminal Justice, Drug Policy
and Human Resources.
(a) Upon the adoption of this resolution, there is hereby
established the Subcommittee on Criminal Justice, Drug Policy
and Human Resources.
(b) The jurisdiction of the subcommittee shall include all
matters relating to the criminal justice system, the nation's
anti-narcotics programs, both foreign and domestic; and all
matters relating to housing, education and welfare.
(c) There shall be sixteen Members appointed to serve on
the Subcommittee on Criminal Justice, Drug Policy and Human
Resources, nine of whom shall be from the majority party, and
seven of whom shall be from the minority party.
Section Four. Subcommittee on Energy Policy, Natural Resources
and Regulatory Affairs.
(a) Upon the adoption of this resolution, there is hereby
established the Subcommittee on Energy Policy, Natural
Resources and Regulatory Affairs.
(b) The jurisdiction of the subcommittee shall include all
matters relating to regulatory reform and paperwork reduction
measures; all matters relating to natural resources; and all
matters relating to energy policy.
(c) There shall be fourteen Members appointed to serve on
the Subcommittee on Energy Policy, Natural Resources and
Regulatory Affairs, eight of whom shall be from the majority
party, and six of whom shall be from the minority party.
Section Five. Subcommittee on the Civil Service and Agency
Organization.
(a) Upon the adoption of this resolution, there is hereby
established the Subcommittee on the Civil Service and Agency
Organization.
(b) The jurisdiction of the subcommittee shall include all
matters relating to the Federal civil service, including
personnel, compensation and employee benefits; all matters
relating to Federal holidays and celebrations; and all matters
relating to reorganizations of the executive branch.
(c) There shall be twelve Members appointed to serve on the
Subcommittee on the Civil Service and Agency Organization,
seven of whom shall be from the majority party, and five of
whom shall be from the minority party.
Section Six. Subcommittee on Government Efficiency and
Financial Management.
(a) Upon the adoption of this resolution, there is hereby
established the Subcommittee on Government Efficiency and
Financial Management.
(b) The jurisdiction of the subcommittee shall include all
matters relating to financial management of executive
departments and agencies; all matters relating to governmental
accounting measures; all matters relating to the overall
efficiency and management of government operations; and all
matters relating to financial services and the nation's
economic growth.
(c) There shall be ten Members appointed to serve on the
Subcommittee on Government Efficiency and Financial Management,
six of whom shall be from the majority party, and four of whom
shall be from the minority party.
Section Seven. Subcommittee on Technology, Information Policy,
Intergovernmental Relations and the Census.
(a) Upon the adoption of this resolution, there is hereby
established the Subcommittee on Technology, Information Policy,
Intergovernmental Relations and the Census.
(b) The jurisdiction of the subcommittee shall include all
matters relating to information technology; all matters
relating to government information policy including information
security and the handling of government information,
presidential records and the Freedom of Information Act; all
matters relating to intergovernmental relations; and all
matters relating to population and demography generally,
including the Census.
(c) There shall be eight Members appointed to serve on the
Subcommittee on Technology, Information Policy,
Intergovernmental Relations and the Census, five of whom shall
be from the majority party, and three of whom shall be from the
minority party.
Membership of the Subcommittees
The committee appointed the chairmen and members of the
subcommittes as follows:
Subcommittee on Civil Service and Agency
Organization, Jo Ann Davis, chairwoman; members: Tim
Murphy, John L. Mica, Mark E. Souder, Adam H. Putnam,
Nathan Deal, Marsha Blackburn, Danny K. Davis, Major R.
Owens, Chris Van Hollen, Eleanor Holmes Norton and Jim
Cooper.
Subcommittee on Criminal Justice, Drug Policy and
Human Resources, Mark E. Souder, chairman; members:
Nathan Deal, John M. McHugh, John L. Mica, Doug Ose, Jo
Ann Davis, John R. Carter, Marsha Blackburn, Patrick J.
Tiberi, Elijah E. Cummings, Danny K. Davis, Wm. Lacy
Clay, Linda T. Sanchez, C.A. Dutch Ruppersberger,
Eleanor Holmes Norton and Betty McCollum.
Subcommittee on Energy Policy, Natural Resources and
Regulatory Affairs, Doug Ose, chairman; members: Edward
L. Schrock, Christopher Shays, John M. McHugh, Chris
Cannon, Nathan Deal, Candice S. Miller, Patrick J.
Tiberi, John F. Tierney, Tom Lantos, Paul E. Kanjorski,
Dennis J. Kucinich, Chris Van Hollen and Jim Cooper.
Subcommittee on Government Efficiency and Financial
Management, Todd Russell Platts, chairman; members:
Marsha Blackburn, Steven C. LaTourette, Candice S.
Miller, Michael R. Turner, Katherine Harris, Edolphus
Towns, Paul E. Kanjorski, Major R. Owens and Carolyn B.
Maloney.
Subcommittee on Human Rights and Wellness, Dan
Burton, chairman; members: Chris Cannon, Christopher
Shays, Ileana Ros-Lehtinen, Diane E. Watson, Bernard
Sanders and Elijah E. Cummings.
Subcommittee on National Security, Emerging Threats
and International Relations, Christopher Shays,
chairman; members: Michael R. Turner, Dan Burton,
Steven C. LaTourette, Ron Lewis, Todd Russell Platts,
Adam H. Putnam, Edward L. Schrock, John J. Duncan, Tim
Murphy, Katherine Harris, Dennis J. Kucinich, Tom
Lantos, Bernard Sanders, Stephen F. Lynch, Carolyn B.
Maloney, Linda T. Sanchez, C.A. Dutch Ruppersberger,
John F. Tierney and Diane E. Watson.
Subcommittee on Technology, Information Policy,
Intergovernmental Relations and the Census, Adam
Putnam, chairman; members: Candice S. Miller, Doug Ose,
Tim Murphy, Michael R. Turner, Wm. Lacy Clay, Stephen
F. Lynch and Betty McCollum.
PART TWO. COMMITTEE ACCOMPLISHMENTS
I. Legislative Accomplishments
The Committee on Government Reform was very successful in
the 108th Congress in improving the operations and
effectiveness of the Federal Government. Significant reforms
were made to modernize the Defense Department's 700,000
employee Civil Service system and reform the Federal
acquisition system, enabling the government to fully utilize
private sector technology and innovation to make Federal
agencies more service and technology-oriented. The committee
championed landmark legislation providing families and children
in the Nation's Capital with enhanced educational choices,
expanding opportunities for students in under-performing D.C.
elementary and secondary schools.
Improving Accountability in Federal Employment
Government Reform, in coordination with the Armed Services
Committee, succeeded in bringing the Department of Defense
civilian workforce into the 21st century by allowing the
Department to shed the shackles of a 50-year old Civil Service
system and replace it with a new system that will enable the
Department to meet today's diverse national security threats.
The committee also succeeded in other agency specific personnel
reforms for NASA, the Federal Bureau of Investigation, the
Securities and Exchange Commission, the GAO. In terms of
government-wide Civil Service reforms, the committee
transformed the Senior Executive Service into a pay-for-
performance organization, and authorized government-wide Civil
Service reforms for all agencies.
Making Better use of Technology in Government
Holding true to our agenda, the committee championed
reforms to the Federal acquisition system as part of the
Services Acquisition Reform Act of 2003, building on the
critical procurement reform initiatives of the 1990s by
recognizing that the economy and the needs of our government
have become increasingly service and technology oriented. In
improving the way Federal agencies acquire goods, the
legislation made the Federal Government leaner, more
responsible and more accountable to taxpayers. Further
improvements were made to streamline the acquisition system as
part of the Acquisition System Improvements Act, which was
enacted into law in 2004.
Providing Choices in Education for DC Parents
The committee also succeeded in providing Federal
scholarship funds for children to attend private elementary and
high schools, providing parents and kids with an alternative to
being condemned to the under-performing public schools in the
Nation's Capital. The committee also worked on other
legislative initiatives to improve the operations of the
District government and the quality of life in the District.
For example, the committee advocated for the first annual DC
authorization bill, providing a vehicle for Congress to
consider changes to Federal law that would impact the District,
without requiring the city to lobby appropriators to consider
authorizing issues.
Improving the Organization and Efficiency of the Government
The committee also made improvements to the financial
management practices of the Department of Homeland Security by
strengthening the agency's CFO. Finally, the House passed one
of the chairman's top priorities--reauthorization of the
Executive Reorganization Authority--as part of the September 11
intelligence reform legislation. Reauthorizing this authority
will continue to be a top priority for the committee in the
109th Congress. After all, the deliberations over the creation
of a Department of Homeland Security and a National
Intelligence Director have clearly demonstrated Congress'
inability to overcome its internal turf battles in order to
improve the organizational structure and operations of the
Federal Government.
The following sections of this report list legislation
within the committee's jurisdiction that was considered either
in committee or in the House during the 108th Congress. Section
A lists the bills that were in some form enacted into public
law. Section B lists bills that were considered by the House
but were not enacted into law in any form. Section C lists
bills that were considered by the committee but did not reach
the House floor. Bills designating postal facilities and
resolutions are listed separately in sections D and E.
A. LEGISLATION ENACTED INTO LAW
1. H.R. 10: To provide for reform of the intelligence community,
terrorism prevention and prosecution, border security, and
international cooperation and coordination, and for other
purposes
a. Sponsor.--Representative Hastert, J. Dennis [R-IL-14]
(introduced September 24, 2004).
b. Legislative History.--Referred to the Committee on
Intelligence (Permanent Select), and in addition to the
Committees on Armed Services, Education and the Workforce,
Energy and Commerce, Financial Services, Government Reform,
International Relations, the Judiciary, Rules, Science,
Transportation and Infrastructure, Ways and Means, and Homeland
Security (Select) on September 24, 2004. Ordered to be reported
by the Select Homeland Security Committee on September 28,
2004. Ordered to be reported by the Committees on Intelligence,
Armed Services, Financial Services, Government Reform, and the
Judiciary on September 29, 2004.
Reported by: the Committee on Intelligence (Permanent) on
October 4, 2004. H. Rept. 108-724, Part I; the Committee on
Armed Services on October 4, 2004. H. Rept. 108-724, Part II;
the Committee on Financial Services on October 4, 2004. H.
Rept. 108-724, Part III; the Committee on Government Reform on
October 5, 2004. H. Rept. 108-724, Part IV; and by the
Committee on Judiciary, on October 5, 2004. H. Rept. 108-724,
Part V. Agreed to in the House on October 8, 2004.
* The Senate agreed to a similar bill, S. 2845, on October
6, 2004. The House agreed to the conference report on S. 2854
(H. Rept. 108-796) on December 7, 2004, and the Senate agreed
to the conference report on December 8, 2004. Public Law 108-
458.
2. H.R. 658: To provide for the protection of investors, increase
confidence in the capital markets system, and fully implement
the Sarbanes-Oxley Act of 2002 by streamlining the hiring
process for certain employment positions in the Securities and
Exchange Commission
a. Sponsor.--Representative Baker, Richard H. [R-LA-6]
(introduced February 11, 2003).
b. Legislative History.--Referred to committee on February
11, 2003. Ordered to be reported by the Committee on Financial
Services on March 26, 2003. Reported to the House by the
Committee on Financial Services on April 8, 2003, H. Rept. 108-
63. Agreed to by the House on June 17, 2003. Agreed to by the
Senate on June 19, 2003. Public Law 108-44.
3. H.R. 735: To amend chapter 83 of title 5, United States Code, to
reform the funding of benefits under the Civil Service
Retirement System for employees of the U.S. Postal Service, and
for other purposes
a. Sponsor.--Representative McHugh, John M. [R-NY-23]
(introduced February 12, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on February 12, 2003. Ordered to be reported
by the Committee on Government Reform on March 6, 2003.
Reported by the Committee on Government Reform. H. Rept. 108-
49.
* The Senate passed a similar bill, S. 380, on April 2,
2003. The House agreed to S. 380 by voice vote on April 8,
2003. Public Law 108-18.
4. H.R. 978: To amend chapter 84 of title 5, United States Code, to
provide that certain Federal annuity computations are adjusted
by 1 percentage point relating to periods of receiving
disability payments, and for other purposes
a. Sponsor.--Representative Davis, Jo Ann [R-VA-1]
(introduced February 27, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on February 27, 2003. Agreed to by the House
under suspension of the rules on September 10, 2003. Passed in
the Senate by unanimous consent on September 11, 2003. Public
Law 108-92.
5. H.R. 1836: To make changes to certain areas of the Federal Civil
Service in order to improve the flexibility and competitiveness
of Federal human resources management
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced April 29, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform and the Committees on Armed Services and
Science on April 29, 2003. Ordered reported as amended by the
Committee on Government Reform on May 7, 2003. Reported by the
Committee on Government Reform on May 19, 2003. H. Rept. 108-
116 Part I. Referred to the Committee on Ways and Means on June
3, 2003.
* Enacted into law as Title XI, Subtitle A, Department of
Defense National Security Personnel System of H.R. 1588. Public
Law 108-136.
6. H.R. 1837: To improve the Federal acquisition workforce and the
process for the acquisition of services by the Federal
Government, and for other purposes
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced April 29, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform and the Committee on Armed Services on April
29, 2003. Ordered reported as amended by the Committee on
Government Reform on May 7, 2003. Reported by the Committee on
Government Reform on May 19, 2003. H. Rept. 108-117 Part I.
Referred to the Committee on the Judiciary on May 19, 2003.
Reported as amended by the Committee on the Judiciary on
September 3, 2003.
* Enacted into law as Title XIV, Services Acquisition
Reform of H.R. 1588. Public Law 108-136.
7. H.R. 2556: To provide low-income parents residing in the District of
Columbia, particularly parents of students who attend
elementary or secondary schools identified for improvement,
corrective action, or restructuring under title I of the
Elementary and Secondary Education Act of 1965, with expanded
opportunities for enrolling their children in higher-performing
schools in the District of Columbia, and for other purposes
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced June 23, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 23, 2003. Ordered reported by the
Committee on Government Reform on July 10, 2003.
* Adopted in the House as an amendment to H.R. 2765, the
District of Columbia of Appropriation Act, on September 9,
2003. The provisions was finally enacted into law as H.R. 2673,
the Fiscal Year 2004 Consolidated Appropriations Act, Division
C, Title III, the DC School Choice Incentive Act of 2003.
Public Law 108-199.
8. H.R. 2751: To provide new human capital flexibilities with respect
to the GAO, and for other purposes
a. Sponsor.--Representative Davis, Jo Ann [R-VA-1]
(introduced July 16, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on July 16, 2003. Ordered reported by the
Committee on Government Reform on November 6, 2003. Reported by
the Committee on Government Reform on November 19, 2003. H.
Rept. 108-380. Agreed to by the House on February 25, 2004.
Agreed to in the Senate by unanimous consent on June 24, 2004.
Public Law 108-271.
9. H.R. 3054: To amend the Policemen and Firemen's Retirement and
Disability Act to permit military service previously performed
by members and former members of the Metropolitan Police
Department of the District of Columbia, the Fire Department of
the District of Columbia, the U.S. Park Police, and the U.S.
Secret Service to count as creditable service for purposes of
calculating retirement annuities payable to such members upon
payment of a contribution by such members, and for other
purposes
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced September 10, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on September 10, 2003. Ordered reported by
the Committee on Government Reform on September 25, 2003.
Agreed to by the House under suspension of the rules on October
8, 2003. Agreed to in the Senate by unanimous consent on
November 11, 2003. Public Law 108-133.
10. H.R. 3478: To amend title 44, United States Code, to improve the
efficiency of operations by the National Archives and Records
Administration and to reauthorize the National Historical
Publications and Records Commission
a. Sponsor.--Representative Putnam, Adam H. [R-FL-12]
(introduced November 7, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on November 7, 2003. Ordered reported by the
Committee on Government Reform on November 20, 2003. Reported
by the Committee on Government Reform on December 8, 2003. H.
Rept. 108-403. Agreed to by the House under suspension of the
rules on September 13, 2003. Agreed to in the Senate by
unanimous consent on October 11, 2003. Public Law 108-383.
11. H.R. 3751: To require that the Office of Personnel Management study
current practices under which dental, vision, and hearing
benefits are made available to Federal employees, annuitants,
and other classes of individuals, and to require that the
Office also present options and recommendations relating to how
additional dental, vision, and hearing benefits could be made
so available
a. Sponsor.--Representative Davis, Jo Ann [R-VA-1]
(introduced January 30, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on January 30, 2004. Ordered reported as
amended by the Committee on Government Reform on April 1, 2004.
Reported by the Committee on Government Reform on June 17,
2004. H. Rept. 108-552. Agreed to by the House under suspension
of the rules on June 21, 2004.
* The Senate passed a similar bill, S. 2657, on November
20, 2004 by unanimous consent. The House agreed to S. 2657
under suspension of the rules on December 6, 2004. Public Law
108-496.
12. H.R. 3797: To authorize improvements in the operations of the
government of the District of Columbia, and for other purposes
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced February 11, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform, Committee on Education and the Workforce,
and the Committee on Financial Services on February 11, 2004.
Ordered reported by the Committee on Government Reform on
February 26, 2004. Reported by the Committee on Government
Reform on June 17, 2004. H. Rept. 108-551 Part I. Agreed to by
the House under suspension of the rules on June 21, 2004.
Ordered reported by the Committee on Governmental Affairs on
July 21, 2003. Agreed to in the Senate by unanimous consent on
October 11, 2003. Public Law 108-386.
13. H.R. 4012: A bill to amend the District of Columbia College Access
Act of 1999 to reauthorize for 2 additional years the public
school and private school tuition assistance programs
established under the act
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced March 23, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 23, 2004. Ordered reported by the
Committee on Government Reform on April 1, 2004. Reported by
the Committee on Government Reform on June 8, 2004. H. Rept.
108-527. Agreed to by the House under suspension of the rules
on July 19, 2004. Ordered Reported by the Committee on
Governmental Affairs on July 22, 2004. Agreed to in the Senate
by unanimous consent on November 24, 2004 with an amendment.
Senate amendment agreed to in the House under suspension of the
rules on December 6, 2004. Public Law 108-457.
14. H.R. 4259: To amend title 31, United States Code, to improve the
financial accountability requirements applicable to the
Department of Homeland Security, to establish requirements for
the Future Years Homeland Security Program of the Department,
and for other purposes
a. Sponsor.--Representative Platts, Todd Russell [R-PA-19]
(introduced May 4, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform and the Committee on Homeland Security on May
4, 2004. Ordered reported by the Committee on Government Reform
on May 6, 2004. Reported by the Committee on Government Reform
on June 9, 2004. H. Rept. 108-533 Part I. Agreed to by the
House under suspension of the rules on July 20, 2004. Referred
to the Committee on Governmental Affairs on September 7, 2004.
Agreed to in the Senate by unanimous consent on September 29,
2004. Public Law 108-330.
15. H.R. 4302: To amend title 21, District of Columbia Official Code,
to enact the provisions of the Mental Health Civil Commitment
Act of 2002 which affect the Commission on Mental Health and
require action by Congress in order to take effect
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced May 6, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 6, 2004. Ordered to be reported by the
Committee on Government Reform on May 12, 2004. Reported by the
Committee on Government Reform on October 5, 2004. H. Rept.
108-729. Agreed to in the House under suspension of the rules
on October 6, 2004. Agreed to in the Senate by unanimous
consent on November 20, 2004. Public Law 108-450.
16. H.R. 4324: To amend title 5, United States Code, to eliminate the
provisions limiting certain election opportunities available to
individuals participating in the Thrift Savings Plan, and for
other purposes
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced May 11, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on May 11, 2004. Ordered reported as amended
by the Committee on Government Reform on July 21, 2004. Agreed
to by the House under suspension of the rules on November 19,
2004. Agreed to in the Senate by unanimous consent on December
7, 2004. Public Law 108-469.
17. H.R. 4564: To amend title 5, United States Code, to provide for
reform relating to employment at the Federal Bureau of
Investigation
a. Sponsor.--Representative Wolf, Frank R. [R-VA-10]
(introduced June 14, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on June 14, 2004.
* Enacted into law as Sections 112-115 of Division B of
H.R. 4818. Public Law 108-447.
18. H.R. 4657: To amend the Balanced Budget Act of 1997 to improve the
administration of Federal pension benefit payments for District
of Columbia teachers, police officers, and fire fighters, and
for other purposes
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced June 23, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on June 23, 2004. Ordered reported by the
Committee on Government Reform on July 21, 2004. Agreed to by
the House under suspension of the rules on September 28, 2004.
Agreed to in the Senate by unanimous consent on December 8,
2004. Public Law 108-489.
19. S. 129: A bill to provide for reform relating to Federal
employment, and for other purposes
a. Sponsor.--Senator Voinovich, George V. [R-OH]
(introduced January 9, 2003).
b. Legislative History.--Referred to the Committee on
Governmental Affairs on January 9, 2003. Ordered reported by
the Committee on Governmental Affairs with an amendment in the
nature of a substitute on October 22, 2003. Agreed to in the
Senate by unanimous consent on April 8, 2004. Referred to the
Committee on Government Reform on April 20, 2004. Ordered
reported as amended by the Committee on Government Reform on
June 24, 2004. Reported by the Committee on Government Reform
on October 5, 2004. H. Rept. 108-733. Agreed to by the House
under suspension of the rules on October 7, 2004. Agreed to by
the Senate as amended by unanimous consent on October 11, 2004.
Public Law 108-411.
20. S. 858: A bill to extend the Abraham Lincoln Bicentennial
Commission, and for other purposes
a. Sponsor.--Senator Durbin, Richard J. [D-IL] (introduced
April 10, 2003).
b. Legislative History.--Referred to the Committee on the
Judiciary on April 10, 2003. Ordered reported by the Committee
on Judiciary on May 22, 2003. Agreed to in the Senate by
unanimous consent on May 23, 2003. Referred to the Committee on
Government Reform on June 2, 2003. Ordered reported as amended
by the Committee on Government Reform on June 5, 2003. Agreed
to by the House under suspension of the rules on June 25, 2003.
Public Law 108-59.
21. S. 926: A bill to amend section 5379 of title 5, United States
Code, to increase the annual and aggregate limits on student
loan repayments by Federal agencies
a. Sponsor.--Senator Voinovich, George V. [R-OH]
(introduced April 28, 2003).
b. Legislative History.--Referred to the Committee on
Governmental Affairs on April 28, 2003. Ordered reported by the
Committee on Governmental Affairs on June 17, 2003. Agreed to
in the Senate by unanimous consent on July 30, 2003. Referred
to the Committee on Government Reform on September 3, 2003.
Agreed to by the House under suspension of the rules on October
28, 2003. Public Law 108-123.
22. S. 1683: A bill to provide for a report on the parity of pay and
benefits among Federal law enforcement officers and to
establish an exchange program between Federal law enforcement
employees and State and local law enforcement employees
a. Sponsor.--Senator Voinovich, George V. [R-OH]
(introduced September 30, 2003).
b. Legislative History.--Referred to the Committee on
Governmental Affairs on September 30, 2003. Ordered reported by
the Committee on Governmental Affairs on October 22, 2003.
Agreed to in the Senate by unanimous consent on November 25,
2003. Referred to the Committee on Government Reform on
December 8, 2003. Agreed to by the House on December 8, 2004.
Public law 108-196.
B. LEGISLATION CONSIDERED BY THE HOUSE
1. H.R. 1385: To extend the provision of title 39, United States Code,
under which the U.S. Postal Service is authorized to issue a
special postage stamp to benefit breast cancer research
a. Sponsor.--Representative Baca, Joe [D-CA-43] (introduced
March 20, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform, the Armed Services Committee, and the
Committee on Energy and Commerce on March 20, 2003. Agreed to
by the House under suspension of the rules on January 27, 2004.
2. H.R. 2086: To reauthorize the Office of National Drug Control Policy
a. Sponsor.--Representative Souder, Mark E. [R-IN-3]
(introduced May 14, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform in addition to the Committees on the
Judiciary, Energy and Commerce, and Intelligence on May 14,
2003. Ordered reported as amended by the Committee on
Government Reform on June 5, 2003. Reported by the Committee on
Government Reform on June 19, 2003. H. Rept. 108-167, Part I.
Ordered reported as amended by the Committee on the Judiciary
on July 9, 2003. Agreed to by the House under suspension of the
rules on September 30, 2003.
3. H.R. 2119: To provide for the conveyance of Federal lands,
improvements, equipment, and resource materials at the Oxford
Research Station in Granville County, NC, to the State of North
Carolina
a. Sponsor.--Representative Ballance, Frank W., Jr. [D-NC-
1] (introduced May 15, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform and the Committee on Agriculture on May 15,
2003. Ordered reported as amended by the Committee on
Agriculture on September 23, 2004. Agreed to by the House under
suspension of the rules on October 5, 2004. Agreed to in the
Senate by unanimous consent on December 7, 2004.
4. H.R. 2122: To enhance research, development, procurement, and use of
biomedical countermeasures to respond to public health threats
affecting national security, and for other purposes
a. Sponsor.--Representative Tauzin, W.J. (Billy) [R-LA-3]
(introduced May 15, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform in addition to the Committees on Energy,
Commerce, and Homeland Security on May 15, 2003. Ordered
reported as amended by the Committee on Government Reform on
May 22, 2003. Reported by the Committee on Government Reform on
June 12, 2003. H. Rept. 108-147 Part II. Reported by the
Committee on Energy and Commerce on June 10, 2003. Referred to
the Committee on Armed Services on June 10, 2003. Ordered
reported as amended by the Committee on Homeland Security on
June 26, 2003. Agreed to by the House on July 16, 2003.
5. H.R. 2249: To amend chapter 10 of title 39, United States Code, to
include postmasters and postmasters' organizations in the
process for the development and planning of certain personnel
policies, schedules, and programs of the U.S. Postal Service,
and for other purposes
a. Sponsor.--Representative McHugh, John M. [R-NY-23]
(introduced May 22, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on May 22, 2003. Ordered reported by the
Committee on Government Reform on June 19, 2003. Agreed to by
the House under suspension of the rules on July 21, 2003.
6. H.R. 2432: To amend the Paperwork Reduction Act and titles 5 and 31,
United States Code, to reform Federal paperwork and regulatory
processes
a. Sponsor.--Representative Ose, Doug [R-CA-3] (introduced
June 11, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform, and in addition to the Committee on the
Budget on June 11, 2003. Ordered to be reported by the
Committee on Government Reform on May 12, 2004. Reported by the
Committee on Government Reform on May 14, 2004. H. Rept. 108-
490 Part I. Agreed to in the House on May 18, 2004 and
incorporated into H.R. 2728.
7. H.R. 2449: To establish a commission to commemorate the
sesquicentennial of the American Civil War
a. Sponsor.--Representative Baker, Richard H. [R-LA-6]
(introduced June 12, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on June 12, 2003. Ordered reported as amended
by the Committee on Government Reform on July 21, 2004. Agreed
to by the House under suspension of the rules on September 22,
2004.
8. H.R. 2528: To establish the Hudson-Fulton-Champlain 400th
Commemoration Commission, and for other purposes
a. Sponsor.--Representative Hinchey, Maurice D. [D-NY-22]
(introduced June 19, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on June 19, 2003.
Ordered reported as amended by the Committee on Government
Reform on July 21, 2004. Agreed to by the House under
suspension of the rules on September 22, 2004.
9. H.R. 2631: To provide that the actuarial value of the prescription
drug benefits offered to Medicare eligible enrollees by a plan
under the Federal Employees Health Benefits Program shall be at
least equal to the actuarial value of the prescription drug
benefits offered by such plan to its enrollees generally
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced June 26, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on June 26, 2003. Agreed to by the House
under suspension of the rules on July 8, 2003.
10. H.R. 3159: To require Federal agencies to develop and implement
plans to protect the security and privacy of government
computer systems from the risks posed by peer-to-peer file
sharing
a. Sponsor.--Representative Waxman, Henry A. [D-CA-30]
(introduced September 24, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on September 24, 2003. Ordered reported by
the Committee on Government Reform on September 25, 2004.
Reported by the Committee on Government Reform on October 7,
2003. H. Rept. 108-305. Agreed to by the House under suspension
of the rules on October 8, 2003. Ordered reported by the
Committee on Governmental Affairs on November 10, 2003.
11. H.R. 3193: To restore second amendment rights in the District of
Columbia
a. Sponsor.--Representative Souder, Mark E. [R-IN-3]
(introduced September 25, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on September 25, 2003. Agreed to by the House
on September 29, 2004.
12. H.R. 4060: To amend the Peace Corps Act to establish an Ombudsman
and an Office of Safety and Security of the Peace Corps, and
for other purposes
a. Sponsor.--Representative Hyde, Henry J. [R-IL-6]
(introduced March 30, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform and the Committee on International Relations
on March 30, 2004. Ordered reported by the Committee on
International Relations on March 31, 2004. Agreed to by the
House under suspension of the rules on June 1, 2004.
13. H.R. 5295: To amend part III of title 5, United States Code, to
provide for the establishment of programs under which
supplemental dental and vision benefits are made available to
Federal employees, retirees, and their dependents, to expand
the contracting authority of the Office of Personnel
Management, and for other purposes
a. Sponsor.--Representative Murphy, Tim [R-PA-18]
(introduced October 8, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on October 8, 2004. Agreed to by the House
without objection on October 8, 2004.
C. LEGISLATION CONSIDERED BY THE COMMITTEE
1. H.R. 1085: To make certain workforce authorities available to the
National Aeronautics and Space Administration, and for other
purposes
a. Sponsor.--Representative Boehlert, Sherwood L. [R-NY-24]
(introduced March 5, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform and the Committee on Science on March 5,
2003. Ordered reported as amended by the Committee on Science
on July 22, 2004.
2. H.R. 1151: To provide that transit pass transportation fringe
benefits be made available to all qualified Federal employees
in the National Capital Region; to allow passenger carriers
which are owned or leased by the Government to be used to
transport Government employees between their place of
employment and mass transit facilities, and for other purposes
a. Sponsor.--Representative Moran, James P. [D-VA-8]
(introduced March 6, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on March 6, 2003. Ordered reported by the
Committee on Government Reform on September 25, 2003. Reported
by the Committee on Government Reform on September 9, 2004. H.
Rept. 108-673.
3. H.R. 1231: To amend the Internal Revenue Code of 1986 to allow
Federal civilian and military retirees to pay health insurance
premiums on a pretax basis and to allow a deduction for TRICARE
supplemental premiums
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced March 12, 2003).
b. Legislative History.--Referred to the Committee on Ways
and Means, and in addition to the Committees on Government
Reform, and Armed Services on March 12, 2003. Ordered to be
reported by the Committee on Government Reform on September 25,
2003. Reported by the Committee on Government Reform on July 7,
2004. H. Rept. 108-585 Part I.
4. H.R. 1346: To amend the Office of Federal Procurement Policy Act to
provide an additional function of the Administrator for Federal
Procurement Policy relating to encouraging Federal procurement
policies that enhance energy efficiency
a. Sponsor.--Representative Turner, Michael R. [R-OH-3]
(introduced March 19, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on March 19, 2003. Ordered reported as
amended by the Committee on Government Reform on March 20,
2003. Reported by the Committee on Government Reform on April
29, 2003. H. Rept. 108-78, Part I. Referred to the Committee on
Transportation and Infrastructure on April 29, 2003.
5. H.R. 1644: To enhance energy conservation and research and
development, to provide for security and diversity in the
energy supply for the American people, and for other purposes
a. Sponsor.--Representative Barton, Joe [R-TX-6]
(introduced April 7, 2003).
b. Legislative History.--Referred to the Committee on
Energy and Commerce, and in addition to the Committees on
Science, Resources, Education and the Workforce, and
Transportation and Infrastructure on April 7, 2003. Reported as
amended by the Committee on Energy and Commerce on April 8,
2003. Referred to the Committee on the Judiciary on April 8,
2003. Referred to the Committee on Government Reform on April
9, 2003.
6. H.R. 2802: To reauthorize the Small Business Act and the Small
Business Investment Act of 1958, and for other purposes
a. Sponsor.--Representative Manzullo, Donald A. [R-IL-16]
(introduced July 21, 2003).
b. Legislative History.--Referred to the Committee on Small
Business on July 21, 2003. Ordered reported by the Committee on
Small Business on July 24, 2003. Referred to the Committee on
Government Reform on October 21, 2003.
7. H.R. 3737: To increase the minimum and maximum rates of basic pay
payable to administrative law judges, and for other purposes
a. Sponsor.--Representative Davis, Jo Ann [R-VA-1]
(introduced January 28, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on January 28, 2004. Ordered reported as
amended by the Committee on Government Reform on April 1, 2004.
Reported by the Committee on Government Reform on July 7, 2004.
H. Rept. 108-586.
8. H.R. 3826: To require the review of Government programs at least
once every 5 years for purposes of evaluating their performance
a. Sponsor.--Representative Platts, Todd Russell [R-PA-19]
(introduced February 25, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on February 25, 2004. Ordered reported as
amended by the Committee on Government Reform on June 3, 2004.
Reported by the Committee on Government Reform on October 8,
2004. H. Rept. 108-768.
9. H.R. 4341: To reform the postal laws of the United States
a. Sponsor.--Representative McHugh, John M. [R-NY-23]
(introduced May 12, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on May 12, 2004. Ordered reported by the
Committee on Government Reform on May 12, 2004. Referred to the
Committee on the Judiciary on September 8, 2004. Ordered
reported as amended by the Committee on the Judiciary on
September 15, 2004. Reported by the Committee on Government
Reform on September 8, 2004. H. Rept. 108-672 Part I.
D. POSTAL FACILITY DESIGNATIONS CONSIDERED BY THE COMMITTEE OR THE
HOUSE
1. H.R. 480: To redesignate the facility of the U.S. Postal Service
located at 747 Broadway in Albany, NY, as the ``U.S. Postal
Service Henry Johnson Annex''
a. Sponsor.--Representative McNulty, Michael R. [D-NY-21]
(introduced January 29, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on January 29, 2003. Ordered to be reported
to the House on September 15, 2004. Agreed to by the House on
September 22, 2004.
2. H.R. 825: To redesignate the facility of the U.S. Postal Service
located at 7401 West 100th Place in Bridgeview, IL, as the
``Michael J. Healy Post Office Building''
a. Sponsor.--Representative Lipinski, William O. [D-IL-3]
(introduced February 13, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on February 13, 2003. Agreed to by vote under
suspension of the rules on March 26, 2003. Referred to the
Committee on Governmental Affairs on March 27, 2003. Ordered to
be reported to the Senate on June 20, 2003. Passed the Senate
by unanimous consent on June 25, 2003. Public Law 108-46.
3. H.R. 917: To designate the facility of the U.S. Postal Service
located at 1830 South Lake Drive in Lexington, SC, as the
``Floyd Spence Post Office Building''
a. Sponsor.--Representative Wilson, Joe [R-SC-2]
(introduced February 25, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on February 25, 2003. Agreed to in the House
by voice vote under suspension of the rules on March 26, 2003.
Referred to the Committee on Governmental Affairs on March 27,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-47.
4. H.R. 925: To redesignate the facility of the U.S. Postal Service
located at 1859 South Ashland Avenue in Chicago, IL, as the
``Cesar Chavez Post Office''
a. Sponsor.--Representative Gutierrez, Luis V. [D-IL-4]
(introduced February 26, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on February 26, 2003. greed to in the House
by voice vote under suspension of the rules on June 10, 2003.
Referred to the Committee on Governmental Affairs on June 11,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-48.
5. H.R. 981: To designate the facility of the U.S. Postal Service
located at 141 Erie Street in Linesville, PA, as the ``James R.
Merry Post Office''
a. Sponsor.--Representative English, Phil [R-PA-3]
(introduced February 27, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on February 27, 2003. Agreed to in the House
by voice vote under suspension of the rules on March 26, 2003.
Referred to the Committee on Governmental Affairs on March 27,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-49.
6. H.R. 985: To designate the facility of the U.S. Postal Service
located at 111 West Washington Street in Bowling Green, OH, as
the ``Delbert L. Latta Post Office Building''
a. Sponsor.--Representative Gillmor, Paul E. [R-OH-5]
(introduced February 27, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on February 27, 2003. Agreed to in the House
by voice vote under suspension of the rules on May 13, 2003.
Referred to the Committee on Governmental Affairs on May 14,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-50.
7. H.R. 1055: To designate the facility of the U.S. Postal Service
located at 1901 West Evans Street in Florence, SC, as the ``Dr.
Roswell N. Beck Post Office Building''
a. Sponsor.--Representative Clyburn, James E. [D-SC-6]
(introduced March 4, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 4, 2003. Agreed to in the House
under suspension of the rules by voice vote on April 7, 2003.
Referred to the Committee on Governmental Affairs on April 8,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-51.
8. H.R. 1368: To designate the facility of the U.S. Postal Service
located at 7554 Pacific Avenue in Stockton, CA, as the ``Norman
D. Shumway Post Office Building''
a. Sponsor.--Representative Pombo, Richard W. [R-CA-11]
(introduced March 19, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 19, 2003. Agreed to in the House
under suspension of the rules by voice vote on April 7, 2003.
Referred to the Committee on Governmental Affairs on April 8,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-52.
9. H.R. 1465: To designate the facility of the U.S. Postal Service
located at 4832 East Highway 27 in Iron Station, NC, as the
``General Charles Gabriel Post Office''
a. Sponsor.--Representative Ballenger, Cass [R-NC-10]
(introduced March 27, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 27, 2003. Ordered to be reported to
the House by voice vote on May 22, 2003. Agreed to in the House
under suspension of the rules by voice vote on June 2, 2003.
Referred to the Committee on Governmental Affairs on June 3,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-53.
10. H.R. 1505: To designate the facility of the U.S. Postal Service
located at 2127 Beatties Ford Road in Charlotte, NC, as the
``Jim Richardson Post Office''
a. Sponsor.--Representative Watt, Melvin L. [D-NC-12]
(introduced March 27, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 27, 2003. Agreed to by voice vote
under suspension of the rules on March 31, 2003. Referred to
the Committee on Governmental Affairs on April 1, 2003. Passed
the Senate by unanimous consent on April 10, 2003. Public Law
108-17.
11. H.R. 1596: To designate the facility of the U.S. Postal Service
located at 2318 Woodson Road in St. Louis, MO, as the ``Timothy
Michael Gaffney Post Office Building''
a. Sponsor.--Representative Clay, Wm. Lacy [D-MO-1]
(introduced April 3, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 3, 2003. Agreed to in the House
under suspension of the rules by voice vote on May 6, 2003.
Referred to the Committee on Governmental Affairs on May 7,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-54.
12. H.R. 1609: To redesignate the facility of the U.S. Postal Service
located at 201 West Boston Street in Brookfield, MO, as the
``Admiral Donald Davis Post Office Building''
a. Sponsor.--Representative Graves, Sam [R-MO-6]
(introduced April 3, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 3, 2003. Agreed to in the House
under suspension of the rules by voice vote on May 7, 2003.
Referred to the Committee on Governmental Affairs on May 8,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-55.
13. H.R. 1610: To redesignate the facility of the U.S. Postal Service
located at 120 East Ritchie Avenue in Marceline, MO, as the
``Walt Disney Post Office Building''
a. Sponsor.--Representative Graves, Sam [R-MO-6]
(introduced April 3, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 3, 2003. Ordered to be reported to
the House by voice vote on May 22, 2003. Agreed to in the House
under suspension of the rules by voice vote on June 9, 2003.
Referred to the Committee on Governmental Affairs on June 10,
2003. Ordered to be reported to the Senate on October 27, 2003.
Passed the Senate by unanimous consent on October 29, 2003.
Public Law 108-110.
14. H.R. 1625: To designate the facility of the U.S. Postal Service
located at 1114 Main Avenue in Clifton, NJ, as the ``Robert P.
Hammer Post Office Building''
a. Sponsor.--Representative Pascrell, Bill, Jr. [D-NJ-8]
(introduced April 3, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 3, 2003. Agreed to in the House
under suspension of the rules by voice vote on May 6, 2003.
Referred to the Committee on Governmental Affairs on May 7,
2003. Passed the Senate by unanimous consent on June 10, 2003.
Public Law 108-33.
15. H.R. 1740: To designate the facility of the U.S. Postal Service
located at 1502 East Kiest Boulevard in Dallas, TX, as the
``Dr. Caesar A.W. Clark, Sr. Post Office Building''
a. Sponsor.--Representative Johnson, Eddie Bernice [D-TX-
30] (introduced April 10, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 10, 2003. Agreed to in the House
under suspension of the rules by voice vote on May 6, 2003.
Referred to the Committee on Governmental Affairs on May 7,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-56.
16. H.R. 1761: To designate the facility of the U.S. Postal Service
located at 9350 East Corporate Hill Drive in Wichita, KS, as
the ``Garner E. Shriver Post Office Building''
a. Sponsor.--Representative Tiahrt, Todd [R-KS-4]
(introduced April 10, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 10, 2003. Ordered to be reported to
the House by voice vote on June 19, 2003. Agreed to in the
House under suspension of the rules by voice vote on July 8,
2003. Referred to the Committee on Governmental Affairs on July
9, 2003. Passed the Senate by unanimous consent on July 31,
2003. Public Law 108-71.
17. H.R. 1822: To designate the facility of the U.S. Postal Service
located at 3751 West 6th Street in Los Angeles, CA, as the
``Dosan Ahn Chang Ho Post Office''
a. Sponsor.--Representative Watson, Diane E. [D-CA-33]
(introduced April 11, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 11, 2003. Ordered to be reported to
the House by unanimous consent on April 1, 2003. Agreed to in
the House under suspension of the rules by voice vote on April
20, 2003. Referred to the Committee on Governmental Affairs on
April 21, 2003. Ordered to be reported to the Senate on June 7,
2003. Passed the Senate by unanimous consent on June 9, 2003.
Public Law 108-239.
18. H.R. 1882: To designate the facility of the U.S. Postal Service
located at 440 South Orange Blossom Trail in Orlando, FL, as
the ``Arthur `Pappy' Kennedy Post Office''
a. Sponsor.--Representative Brown, Corrine [D-FL-3]
(introduced April 30, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 30, 2003. Ordered to be reported to
the House by unanimous consent on September 12, 2003. Agreed to
in the House by voice vote under suspension of the rules on
September 30, 2003. Referred to the Committee on Governmental
Affairs on October 1, 2003. Ordered to be reported to the
Senate on October 27, 2003. Passed the Senate by unanimous
consent on October 29, 2003. Public Law 108-111.
19. H.R. 1883: To designate the facility of the U.S. Postal Service
located at 1601-1 Main Street in Jacksonville, FL, as the
``Eddie Mae Steward Post Office''
a. Sponsor.--Representative Brown, Corrine [D-FL-3]
(introduced April 30, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 30, 2003. Ordered to be reported to
the House by unanimous consent on September 12, 2003. Agreed to
in the House by voice vote under suspension of the rules on
October 15, 2003. Referred to the Committee on Governmental
Affairs on October 16, 2003. Ordered to be reported to the
Senate on October 27, 2003. Passed the Senate by unanimous
consent on October 29, 2003. Public Law 108-124.
20. H.R. 2030: To designate the facility of the U.S. Postal Service
located at 120 Baldwin Avenue in Paia, Maui, HI, as the ``Patsy
Takemoto Mink Post Office Building''
a. Sponsor.--Representative Case, Ed [D-HI-2] (introduced
May 8, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 8, 2003. Ordered to be reported to the
House by voice vote on May 22, 2003. Agreed to in the House by
voice vote under suspension of the rules on June 10, 2003.
Referred to the Committee on Governmental Affairs on June 11,
2003. Ordered to be reported to the Senate on June 20, 2003.
Passed the Senate by unanimous consent on June 25, 2003. Public
Law 108-57.
21. H.R. 2075: To designate the facility of the U.S. Postal Service
located at 1905 West Blue Heron Boulevard in West Palm Beach,
FL, as the ``Judge Edward Rodgers Post Office Building''
a. Sponsor.--Representative Hastings, Alcee L. [D-FL-23]
(introduced May 13, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 13, 2003. Ordered to be reported to
the House by unanimous consent on September 18, 2003. Agreed to
in the House by voice vote under suspension of the rules on
September 30, 2003. Referred to the Committee on Governmental
Affairs on October 1, 2003. Ordered to be reported to the
Senate on October 27, 2003. Passed the Senate by unanimous
consent on October 29, 2003. Public Law 108-112.
22. H.R. 2130: To redesignate the facility of the U.S. Postal Service
located at 650 Kinderkamack Road in River Edge, NJ, as the
``New Bridge Landing Post Office''
a. Sponsor.--Representative Garrett, Scott [R-NJ-5]
(introduced May 15, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 15, 2003. Ordered to be reported to
the House by unanimous consent on November 6, 2003. Agreed to
in the House by voice vote under suspension of the rules on
November 18, 2003. Referred to the Committee on Governmental
Affairs on November 19, 2003. Ordered to be reported to the
Senate on June 7, 2003. Passed the Senate by unanimous consent
on June 9, 2004. Public Law 108-240.
23. H.R. 2254: To designate the facility of the U.S. Postal Service
located at 1101 Colorado Street in Boulder City, NV, as the
``Bruce Woodbury Post Office Building''
a. Sponsor.--Representative Porter, Jon C. [R-NV-3]
(introduced May 22, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 22, 2003. Agreed to in the House under
suspension of the rules by roll call vote on June 16, 2003.
Referred to the Committee on Governmental Affairs on June 17,
2003. Ordered to be reported to the Senate on October 27, 2003.
Passed the Senate by unanimous consent on October 29, 2003.
Public Law 108-113.
24. H.R. 2309: To designate the facility of the U.S. Postal Service
located at 2300 Redondo Avenue in Signal Hill, CA, as the ``J.
Stephen Horn Post Office Building''
a. Sponsor.--Representative Millender-McDonald, Juanita [D-
CA-37] (introduced June 3, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 3, 2003. Ordered to be reported to
the House by voice vote on July 24, 2003. Agreed to in the
House under suspension of the rules by voice vote on September
3, 2003. Referred to the Committee on Governmental Affairs on
September 4, 2003. Ordered to be reported to the Senate on
October 27, 2003. Passed the Senate by unanimous consent on
October 29, 2003. Public Law 108-114.
25. H.R. 2328: To designate the facility of the U.S. Postal Service
located at 2001 East Willard Street in Philadelphia, PA, as the
``Robert A. Borski Post Office Building''
a. Sponsor.--Representative Hoeffel, Joseph M. [D-PA-13]
(introduced June 4, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 4, 2003. Ordered to be reported to
the House by voice vote on June 19, 2003. Agreed to in the
House by voice vote under suspension of the rules on July 21,
2003. Referred to the Committee on Governmental Affairs on July
22, 2003. Ordered to be reported to the Senate on October 27,
2003. Passed the Senate by unanimous consent on October 29,
2003. Public Law 108-115.
26. H.R. 2396: To designate the facility of the U.S. Postal Service
located at 1210 Highland Avenue in Duarte, CA, as the
``Francisco A. Martinez Flores Post Office''
a. Sponsor.--Representative Solis, Hilda L. [D-CA-32]
(introduced June 9, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 9, 2003. Ordered to be reported to
the House by voice vote on June 19, 2003. Agreed to in the
House by voice vote under suspension of the rules on July 8,
2003. Referred to the Committee on Governmental Affairs on July
9, 2003. Ordered to be reported to the Senate on October 27,
2003. Passed the Senate by unanimous consent on October 29,
2003. Public Law 108-116.
27. H.R. 2438: To designate the facility of the U.S. Postal Service
located at 115 West Pine Street in Hattiesburg, MS, as the
``Major Henry A. Commiskey, Sr. Post Office Building''
a. Sponsor.--Representative Taylor, Gene [D-MS-4]
(introduced June 11, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 11, 2003. Ordered to be reported to
the House by unanimous consent on July 10, 2003. Agreed to in
the House by voice vote under suspension of the rules on
November 4, 2003. Referred to the Committee on Governmental
Affairs on November 5, 2003. Ordered to be reported to the
Senate on June 7, 2004. Passed the Senate by unanimous consent
on June 9, 2004. Public Law 108-241.
28. H.R. 2452: To designate the facility of the U.S. Postal Service
located at 339 Hicksville Road in Bethpage, NY, as the ``Brian
C. Hickey Post Office Building''
a. Sponsor.--Representative King, Peter T. [R-NY-3]
(introduced June 12, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 13, 2003. Ordered to be reported to
the House by unanimous consent on September 12, 2003. Agreed to
in the House by voice vote under suspension of the rules on
October 8, 2003. Referred to the Committee on Governmental
Affairs on October 14, 2003. Ordered to be reported to the
Senate on October 27, 2003. Passed the Senate by unanimous
consent on October 29, 2003. Public Law 108-117.
29. H.R. 2533: To designate the facility of the U.S. Postal Service
located at 10701 Abercorn Street in Savannah, GA, as the ``J.C.
Lewis, Jr. Post Office Building''
a. Sponsor.--Representative Kingston, Jack [R-GA-1]
(introduced June 19, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 19, 2003. Ordered to be reported to
the House by unanimous consent on September 18, 2003. Agreed to
in the House by voice vote under suspension of the rules on
September 23, 2003. Referred to the Committee on Governmental
Affairs on September 24, 2003. Ordered to be reported to the
Senate on October 27, 2003. Passed the Senate by unanimous
consent on October 29, 2003. Public Law 108-118.
30. H.R. 2744: To designate the facility of the U.S. Postal Service
located at 514 17th Street in Moline, IL, as the ``David Bybee
Post Office Building''
a. Sponsor.--Representative Evans, Lane [D-IL-17]
(introduced July 15, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on July 15, 2003. Ordered to be reported to
the House by unanimous consent on October 8, 2003. Agreed to in
the House by voice vote under suspension of the rules on
October 28, 2003. Referred to the Committee on Governmental
Affairs on October 29, 2003. Passed the Senate by unanimous
consent on October 18, 2003. Public Law 108-149.
31. H.R. 2746: To designate the facility of the U.S. Postal Service
located at 141 Weston Street in Hartford, CT, as the ``Barbara
B. Kennelly Post Office Building''
a. Sponsor.--Representative Larson, John B. [D-CT-1]
(introduced July 15, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on July 15, 2003. Agreed to by voice vote on
July 17, 2003. Referred to the Committee on Governmental
Affairs on July 28, 2003. Ordered to be reported to the Senate
on October 27, 2003. Passed the Senate by unanimous consent on
October 29, 2003. Public Law 108-119.
32. H.R. 2826: To designate the facility of the U.S. Postal Service
located at 1000 Avenida Sanchez Osorio in Carolina, Puerto
Rico, as the ``Roberto Clemente Walker Post Office Building''
a. Sponsor.--Representative Acevedo-Vila, Anibal [D-PR]
(introduced July 23, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on July 23, 2003. Ordered to be reported to
the House by unanimous consent on September 12, 2003. Agreed to
in the House by voice vote under suspension of the rules on
September 23, 2003. Referred to the Committee on Governmental
Affairs on September 24, 2003. Passed the Senate by unanimous
consent on October 1, 2003. Public Law 108-97.
33. H.R. 3011: To designate the facility of the U.S. Postal Service
located at 135 East Olive Avenue in Burbank, CA, as the ``Bob
Hope Post Office Building''
a. Sponsor.--Representative Schiff, Adam B. [D-CA-29]
(introduced September 4, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 4, 2003. Ordered to be reported
to the House by unanimous consent on September 18, 2003. Agreed
to in the House by voice vote under suspension of the rules on
September 30, 2003. Referred to the Committee on Governmental
Affairs on October 1, 2003. Ordered to be reported to the
Senate on October 27, 2003. Passed the Senate by unanimous
consent on October 29, 2003. Public Law 108-120.
34. H.R. 3029: To designate the facility of the U.S. Postal Service
located at 255 North Main Street in Jonesboro, GA, as the ``S.
Truett Cathy Post Office Building''
a. Sponsor.--Representative Scott, David [D-GA-13]
(introduced September 5, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 5, 2003. Agreed to in the House
by voice vote under suspension of the rules on November 4,
2003. Referred to the Committee on Governmental Affairs on
November 5, 2003. Ordered to be reported to the Senate on June
7, 2004. Passed the Senate by unanimous consent on June 9,
2004. Public Law 108-242.
35. H.R. 3059: To designate the facility of the U.S. Postal Service
located at 304 West Michigan Street in Stuttgart, AR, as the
``Lloyd L. Burke Post Office''
a. Sponsor.--Representative Berry, Marion [D-AR-1]
(introduced September 10, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 10, 2003. Ordered to be reported
to the House on March 4, 2004. Agreed to in the House under
suspension of the rules by voice vote on March 24, 2004.
Referred to the Committee on Governmental Affairs on March 25,
2004. Ordered to be reported to the Senate on June 7, 2004.
Passed the Senate by unanimous consent on June 9, 2004. Public
Law 108-243.
36. H.R. 3068: To designate the facility of the U.S. Postal Service
located at 2055 Siesta Drive in Sarasota, FL, as the
``Brigadier General (AUS-Ret.) John H. McLain Post Office''
a. Sponsor.--Representative Harris, Katherine [R-FL-13]
(introduced September 10, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 10, 2003. Ordered to be reported
to the House by unanimous consent on September 18, 2003. Agreed
to in the House by voice vote under suspension of the rules on
October 20, 2003. Referred to the Committee on Governmental
Affairs on October 21, 2003. Ordered to be reported to the
Senate on June 7, 2004. Passed the Senate by unanimous consent
on June 9, 2004. Public Law 108-244.
37. H.R. 3166: To designate the facility of the U.S. Postal Service
located at 57 Old Tappan Road in Tappan, NY, as the ``John G.
Dow Post Office Building''
a. Sponsor.--Representative Engel, Eliot L. [D-NY-17]
(introduced September 24, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 24, 2003. Ordered to be reported
to the House by unanimous consent on October 8, 2003. Agreed to
in the House by voice vote under suspension of the rules on
November 4, 2003. Passed the Senate by unanimous consent on
November 20, 2003. Public Law 108-165.
38. H.R. 3175: To designate the facility of the U.S. Postal Service
located at 2650 Cleveland Avenue, NW in Canton, OH, as the
``Richard D. Watkins Post Office Building''
a. Sponsor.--Representative Regula, Ralph [R-OH-16]
(introduced September 24, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 24, 2003. Ordered to be reported
to the House by unanimous consent on October 8, 2003. Agreed to
in the House by voice vote under suspension of the rules on
October 28, 2003. Referred to the Committee on Governmental
Affairs on October 28, 2003. Passed the Senate by unanimous
consent on November 18, 2003. Public Law 108-150.
39. H.R. 3185: To designate the facility of the U.S. Postal Service
located at 38 Spring Street in Nashua, NH, as the ``Hugh Gregg
Post Office Building''
a. Sponsor.--Representative Bass, Charles F. [R-NH-2]
(introduced September 25, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 25, 2003. Ordered to be reported
to the House by unanimous consent on October 8, 2003. Agreed to
in the House by voice vote under suspension of the rules on
November 17, 2003. Ordered to be reported to the Senate on
November 18, 2003. Passed the Senate by unanimous consent on
November 20, 2003. Public Law 108-166.
40. H.R. 3234: To designate the facility of the U.S. Postal Service
located at 14 Chestnut Street in Liberty, NY, as the ``Ben R.
Gerow Post Office Building''
a. Sponsor.--Representative Hinchey, Maurice D. [D-NY-22]
(introduced October 2, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on October 2, 2003. Agreed to in the House by
voice vote under suspension of the rules on October 28, 2003.
Referred to the Committee on Governmental Affairs on October
29, 2003. Ordered to be reported to the Senate on June 7, 2004.
Passed the Senate by unanimous consent on June 9, 2004. Public
Law 108-245.
41. H.R. 3300: To designate the facility of the U.S. Postal Service
located at 15500 Pearl Road in Strongsville, OH, as the
``Walter F. Ehrnfelt, Jr. Post Office Building''
a. Sponsor.--Representative LaTourette, Steve C. [R-OH-14]
(introduced October 15, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on October 15, 2003. Ordered to be reported
to the House by unanimous consent on November 6, 2003. Agreed
to by roll call vote under suspension of the rules on November
18, 2003. Referred to the Committee on Governmental Affairs on
November 19, 2003. Ordered to be reported to the Senate on June
7, 2004. Passed the Senate by unanimous consent on June 9,
2004. Public Law 108-246.
42. H.R. 3340: To redesignate the facilities of the U.S. Postal Service
located at 7715 and 7748 S. Cottage Grove Avenue in Chicago,
IL, as the ``James E. Worsham Post Office'' and the ``James E.
Worsham Carrier Annex Building'' respectively, and for other
purposes
a. Sponsor.--Representative Rush, Bobby L. [D-IL-1]
(introduced October 20, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on October 20, 2003. Ordered to be reported
to the House by unanimous consent on June 24, 2004. Agreed to
in the House by voice vote under suspension of the rules on
July 6, 2004. Referred to the Committee on Governmental Affairs
on July 7, 2004. Ordered to be reported to the Senate on July
22, 2004. Passed the Senate by unanimous consent on July 22,
2004. Public Law 108-294.
43. H.R. 3353: To designate the facility of the U.S. Postal Service
located at 525 Main Street in Tarboro, NC, as the ``George
Henry White Post Office Building''
a. Sponsor.--Representative Ballance, Frank W., Jr. [D-NC-
1] (introduced October 21, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on October 21, 2003. Ordered to be reported
to the House by unanimous consent on November 6, 2003. Agreed
to in the House by voice vote under suspension of the rules on
November 17, 2003. Referred to the Committee on Governmental
Affairs on November 18, 2003. Ordered to be reported to the
Senate on June 7, 2004. Passed the Senate by unanimous consent
on June 9, 2004. Public Law 108-247.
44. H.R. 3379: To designate the facility of the U.S. Postal Service
located at 3210 East 10th Street in Bloomington, IN, as the
``Francis X. McCloskey Post Office Building''
a. Sponsor.--Representative Hill, Baron P. [D-IN-9]
(introduced October 28, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on October 28, 2003. Agreed to in the House
by voice vote under suspension of the rules on November 5,
2003. Referred to the Committee on Governmental Affairs on
November 6, 2003. Passed the Senate by unanimous consent on
November 18, 2003. Public Law 108-151.
45. H.R. 3536: To designate the facility of the U.S. Postal Service
located at 210 Main Street in Malden, IL, as the ``Army Staff
Sgt. Lincoln Hollinsaid Malden Post Office''
a. Sponsor.--Representative Weller, Jerry [R-IL-11]
(introduced November 19, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on November 19, 2003. Ordered to be reported
to the House by unanimous consent on February 12, 2004. Agreed
to in the House by voice vote under suspension of the rules on
March 9, 2004. Referred to the Committee on Governmental
Affairs on March 10, 2004. Ordered to be reported to the Senate
on June 7, 2004. Passed the Senate by unanimous consent on June
9, 2004. Public Law 108-248.
46. H.R. 3537: To designate the facility of the U.S. Postal Service
located at 185 State Street in Manhattan, IL, as the ``Army
Pvt. Shawn Pahnke Manhattan Post Office''
a. Sponsor.--Representative Weller, Jerry [R-IL-11]
(introduced November 19, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on November 19, 2003. Ordered to be reported
to the House by unanimous consent on February 12, 2004. Agreed
to in the House by voice vote under suspension of the rules on
March 9, 2004. Referred to the Committee on Governmental
Affairs on March 10, 2004. Ordered to be reported to the Senate
on June 7, 2004. Passed the Senate by unanimous consent on June
9, 2004. Public Law 108-249.
47. H.R. 3538: To designate the facility of the U.S. Postal Service
located at 201 South Chicago Avenue in Saint Anne, IL, as the
``Marine Capt. Ryan Beaupre Saint Anne Post Office''
a. Sponsor.--Representative Weller, Jerry [R-IL-11]
(introduced November 19, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on November 19, 2003. Ordered to be reported
to the House by unanimous consent on February 12, 2004. Agreed
to in the House by voice vote under suspension of the rules on
March 9, 2004. Referred to the Committee on Governmental
Affairs on March 10, 2004. Ordered to be reported to the Senate
on June 7, 2004. Passed the Senate by unanimous consent on June
9, 2004. Public Law 108-250.
48. H.R. 3690: To designate the facility of the U.S. Postal Service
located at 2 West Main Street in Batavia, NY, as the ``Barber
Conable Post Office Building''
a. Sponsor.--Representative Reynolds, Thomas M. [R-NY-26]
(introduced December 8, 2003).
b. Legislative History.--Referred to the House Committee on
Government Reform on December 8, 2003. Ordered to be reported
to the House by unanimous consent on February 12, 2004. Agreed
to in the House by voice vote under suspension of the rules on
February 25, 2004. Referred to the Committee on Governmental
Affairs on February 26, 2004. Ordered to be reported to the
Senate on June 7, 2004. Passed the Senate by unanimous consent
on June 9, 2004. Public Law 108-251.
49. H.R. 3723: To designate the facility of the U.S. Postal Service
located at 8135 Forest Lane in Dallas, TX, as the ``Vaughn
Gross Post Office Building''
a. Sponsor.--Representative Sessions, Pete [R-TX-32]
(introduced January 21, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on January 21, 2004. Ordered to be reported
to the House by unanimous consent on March 4, 2004. Agreed to
in the House under suspension of the rules by roll call vote on
March 29, 2004. Referred to the Committee on Governmental
Affairs on March 30, 2004.
50. H.R. 3733: To designate the facility of the U.S. Postal Service
located at 410 Huston Street in Altamont, KS, as the ``Myron V.
George Post Office''
a. Sponsor.--Representative Ryun, Jim [R-KS-2] (introduced
January 27, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on January 27, 2004. Ordered to be reported
to the House by unanimous consent on February 26, 2004. Agreed
to in the House under suspension of the rules by roll call vote
on March 16, 2004. Referred to the Committee on Governmental
Affairs on March 22, 2004. Ordered to be reported to the Senate
on June 7, 2004. Passed the Senate by unanimous consent on June
9, 2004. Public Law 108-252.
51. H.R. 3740: To designate the facility of the U.S. Postal Service
located at 223 South Main Street in Roxboro, NC, as the ``Oscar
Scott Woody Post Office Building''
a. Sponsor.--Representative Miller, Brad [D-NC-13]
(introduced January 28, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on January 28, 2004. Ordered to be reported
to the House by unanimous consent on May 6, 2004. Agreed to in
the House under suspension of the rules by roll call vote on
May 18, 2004. Referred to the Committee on Governmental Affairs
on May 19, 2004. Ordered to be reported to the Senate on June
7, 2004. Passed the Senate by unanimous consent on June 9,
2004. Public Law 108-253.
52. H.R. 3769: To designate the facility of the U.S. Postal Service
located at 137 East Young High Pike in Knoxville, TN, as the
``Ben Atchley Post Office Building''
a. Sponsor.--Representative Duncan, John J., Jr. [R-TN-2]
(introduced February 4, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on February 4, 2004. Ordered to be reported
to the House by unanimous consent on February 12, 2004. Agreed
to in the House under suspension of the rules by roll call vote
on March 2, 2004. Referred to the Committee on Governmental
Affairs on March 3, 2004. Ordered to be reported to the Senate
on June 7, 2004. Passed the Senate by unanimous consent on June
9, 2004. Public Law 108-254.
53. H.R. 3855: To designate the facility of the U.S. Postal Service
located at 607 Pershing Drive in Laclede, MO, as the ``General
John J. Pershing Post Office''
a. Sponsor.--Representative Graves, Sam [R-MO-6]
(introduced February 26, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on February 26, 2004. Ordered to be reported
to the House by unanimous consent on March 4, 2004. Agreed to
in the House under suspension of the rules by roll call vote on
April 20, 2004. Referred to the Committee on Governmental
Affairs on April 21, 2004. Ordered to be reported to the Senate
on June 7, 2004. Passed the Senate by unanimous consent on June
9, 2004. Public Law 108-255.
54. H.R. 3917: To designate the facility of the U.S. Postal Service
located at 695 Marconi Boulevard in Copiague, NY, as the
``Maxine S. Postal U.S. Post Office''
a. Sponsor.--Representative Israel, Steve [D-NY-2]
(introduced March 9, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 9, 2004. Ordered to be reported to
the House by unanimous consent on March 18, 2004. Agreed to in
the House under suspension of the rules by voice vote on March
29, 2004. Referred to the Committee on Governmental Affairs on
March 30, 2004. Ordered to be reported to the Senate on June 7,
2004. Passed the Senate by unanimous consent on June 9, 2004.
Public Law 108-256.
55. H.R. 3939: To redesignate the facility of the U.S. Postal Service
located at 14-24 Abbott Road in Fair Lawn, NJ, as the ``Mary
Ann Collura Post Office Building''
a. Sponsor.--Representative Rothman, Steve R. [D-NJ-9]
(introduced March 11, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 11, 2004. Ordered to be reported to
the House by unanimous consent on April 1, 2004. Agreed to in
the House under suspension of the rules by voice vote on May
11, 2004. Referred to the Committee on Governmental Affairs on
May 12, 2004. Ordered to be reported to the Senate on June 7,
2004. Passed the Senate by unanimous consent on June 9, 2004.
Public Law 108-257.
56. H.R. 3942: To redesignate the facility of the U.S. Postal Service
located at 7 Commercial Boulevard in Middletown, RI, as the
``Rhode Island Veterans Post Office Building''
a. Sponsor.--Representative Kennedy, Patrick J. [D-RI-1]
(introduced March 11, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 11, 2004. Ordered to be reported to
the House by unanimous consent on April 1, 2004. Agreed to in
the House under suspension of the rules by roll call vote on
April 27, 2004. Referred to the Committee on Governmental
Affairs on April 28, 2004. Ordered to be reported to the Senate
on June 7, 2004. Passed the Senate by unanimous consent on June
9, 2004. Public Law 108-258.
57. H.R. 4037: To designate the facility of the U.S. Postal Service
located at 475 Kell Farm Drive in Cape Girardeau, MO, as the
``Richard G. Wilson Processing and Distribution Facility''
a. Sponsor.--Representative Emerson, Jo Ann [R-MO-8]
(introduced March 25, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 25, 2004. Ordered to be reported to
the House by unanimous consent on April 1, 2004. Agreed to in
the House under suspension of the rules by roll call vote on
April 20, 2004. Referred to the Committee on Governmental
Affairs on April 21, 2004. Ordered to be reported to the Senate
on June 7, 2004. Passed the Senate by unanimous consent on June
9, 2004. Public Law 108-259.
58. H.R. 4046: To designate the facility of the U.S. Postal Service
located at 555 West 180th Street in New York, NY, as the
``Sergeant Riayan A. Tejeda Post Office''
a. Sponsor.--Representative Rangel, Charles B. [D-NY-15]
(introduced March 25, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on March 25, 2004. Ordered to be reported to
the House by unanimous consent on September 15, 2004. Agreed to
in the House by voice vote under suspension of the rules on
September 28, 2004. Passed the Senate by unanimous consent on
October 10, 2004. Public Law 108-388.
59. H.R. 4176: To designate the facility of the U.S. Postal Service
located at 122 West Elwood Avenue in Raeford, NC, as the
``Bobby Marshall Gentry Post Office Building''
a. Sponsor.--Representative Hayes, Robin [R-NC-8]
(introduced April 20, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 20, 2004. Ordered to be reported to
the House by unanimous consent on May 6, 2004. Agreed to in the
House under suspension of the rules by roll call vote on May
18, 2004. Referred to the Committee on Governmental Affairs on
May 19, 2004. Ordered to be reported to the Senate on June 7,
2004. Passed the Senate by unanimous consent on June 9, 2004.
Public Law 108-260.
60. H.R. 4222: To designate the facility of the U.S. Postal Service
located at 550 Nebraska Avenue in Kansas City, KS, as the
``Newell George Post Office Building''
a. Sponsor.--Representative Moore, Dennis [D-KS-3]
(introduced April 27, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 27, 2004. Ordered to be reported to
the House by unanimous consent on June 3, 2004. Agreed to in
the House by voice vote under suspension of the rules on June
21, 2004. Referred to the Committee on Governmental Affairs on
June 22, 2004. Ordered to be reported to the Senate on July 22,
2004. Passed the Senate by unanimous consent on June 22, 2004.
Public Law 108-296.
61. H.R. 4232: To redesignate the facility of the U.S. Postal Service
located at 4025 Feather Lakes Way in Kingwood, TX, as the
``Congressman Jack Fields Post Office''
a. Sponsor.--Representative Brady, Kevin [R-TX-8]
(introduced April 28, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on April 28, 2004. Agreed to in the House by
voice vote under suspension of the rules on October 6, 2004.
Passed the Senate by unanimous consent on December 7, 2004.
62. H.R. 4299: To designate the facility of the U.S. Postal Service
located at 410 South Jackson Road in Edinburg, TX, as the ``Dr.
Miguel A. Nevarez Post Office Building''
a. Sponsor.--Representative Hinojosa, Ruben [D-TX-15]
(introduced May 6, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 6, 2004. Agreed to in the House under
suspension of the rules by roll call vote on May 11, 2004.
Referred to the Committee on Governmental Affairs on May 12,
2004. Ordered to be reported to the Senate on June 7, 2004.
Passed the Senate by unanimous consent on June 9, 2004. Public
Law 108-261.
63. H.R. 4327: To designate the facility of the U.S. Postal Service
located at 7450 Natural Bridge Road in St. Louis, MO, as the
``Vitilas `Veto' Reid Post Office Building''
a. Sponsor.--Representative Clay, Wm. Lacy [D-MO-1]
(introduced May 11, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 11, 2004. Ordered to be reported to
the House on June 24, 2004. Agreed to in the House by voice
vote under suspension of the rules on July 6, 2004. Referred to
the Committee on Governmental Affairs on July 7, 2004. Ordered
to be reported to the Senate on July 22, 2004. Passed the
Senate by unanimous consent on July 22, 2004. Public Law 108-
298.
64. H.R. 4380: To designate the facility of the U.S. Postal Service
located at 4737 Mile Stretch Drive in Holiday, FL, as the
``Sergeant First Class Paul Ray Smith Post Office Building''
a. Sponsor.--Representative Bilirakis, Michael [R-FL-9]
(introduced May 18, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 18, 2004. Ordered to be reported to
the House by unanimous consent on July 8, 2004. Agreed to in
the House by voice vote under suspension of the rules on July
12, 2004. Referred to the Committee on Governmental Affairs on
July 13, 2004. Passed the Senate by unanimous consent on July
19, 2004. Public Law 108-292.
65. H.R. 4381: To designate the facility of the U.S. Postal Service
located at 2811 Springdale Avenue in Springdale, AR, as the
``Harvey and Bernice Jones Post Office Building''
a. Sponsor.--Representative Boozman, John [R-AR-3]
(introduced May 18, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 18, 2004. Ordered to be reported to
the House on July 8, 2004. Agreed to the House under suspension
of the rules by roll call vote on September 7, 2004. Referred
to the Committee on Governmental Affairs on September 8, 2004.
Passed the Senate by unanimous consent on October 10, 2004.
Public Law 108-392.
66. H.R. 4427: To designate the facility of the U.S. Postal Service
located at 73 South Euclid Avenue in Montauk, NY, as the
``Perry B. Duryea, Jr. Post Office''
a. Sponsor.--Representative Bishop, Timothy H. [D-NY-1]
(introduced May 20, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 20, 2004. Ordered to be reported by
unanimous consent on June 24, 2004. Agreed to in the House
under suspension of the rules by voice vote on July 6, 2004.
Referred to the Committee on Governmental Affairs on July 7,
2004. Reported and without written report on July 22, 2004.
Passed the Senate by unanimous consent on July 22, 2004. Public
Law 108-300.
67. H.R. 4442: To designate the facility of the U.S. Postal Service
located at 1050 North Hills Boulevard in Reno, NV, as the
``Guardians of Freedom Memorial Post Office Building'' and to
authorize the installation of a plaque at such site, and for
other purposes
a. Sponsor.--Representative Gibbons, Jim [R-NV-2]
(introduced May 20, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on May 20, 2004. Ordered to be reported by
unanimous consent on July 8, 2004. Agreed to in the House under
suspension of the rules by voice vote on September 7, 2004.
Referred to the Committee on Governmental Affairs on September
8, 2004.
68. H.R. 4556: To designate the facility of the U.S. Postal Service
located at 1115 South Clinton Avenue in Dunn, NC, as the
``General William Carey Lee Post Office Building''
a. Sponsor.--Representative Etheridge, Bob [D-NC-2]
(introduced June 14, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 14, 2004. Ordered to be reported by
unanimous consent on July 21, 2004. Agreed to in the House
under suspension of the rules by the roll call vote on
September 7, 2004. Referred to the Committee on Governmental
Affairs on September 8, 2004. Committee discharged by unanimous
consent on October 10, 2004. Passed the Senate by unanimous
consent on October 10, 2004. Public Law 108-395.
69. H.R. 4618: To designate the facility of the U.S. Postal Service
located at 10 West Prospect Street in Nanuet, NY, as the
``Anthony I. Lombardi Memorial Post Office Building''
a. Sponsor.--Representative Engel, Eliot L. [D-NY-17]
(introduced June 18, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 18, 2004. Ordered to be reported by
unanimous consent on July 21, 2004. On motion to suspend the
rules and pass the bill agreed by voice vote on September 7,
2004. Referred to the Committee on Governmental Affairs on
September 8, 2004. The Committee discharged by unanimous
consent on October 10, 2004. Passed the Senate by unanimous
consent on October 10, 2004. Public Law. 108-397.
70. H.R. 4632: To designate the facility of the U.S. Postal Service
located at 19504 Linden Boulevard in St. Albans, NY, as the
``Archie Spigner Post Office Building''
a. Sponsor.--Representative Meeks, Gregory W. [D-NY-6]
(introduced June 21, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on June 21, 2004. Ordered to be reported by
unanimous consent on July 21, 2004. Agreed to in the House
under suspension of the rules by voice vote on September 13,
2004. Referred to the Committee on Governmental Affairs on
September 14, 2004. The Committee discharged by unanimous
consent and on October 10, 2004. Passed the Senate by unanimous
consent on October 10, 2004. Public Law 108-398.
71. H.R. 4807: To designate the facility of the U.S. Postal Service
located at 140 Sacramento Street in Rio Vista, CA, as the
``Adam G. Kinser Post Office Building''
a. Sponsor.--Representative Ose, Doug [R-CA-3] (introduced
July 9, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on July 9, 2004. Ordered to be reported by
unanimous consent September 15, 2004. Agreed to in the House
under suspension of the rules by voice vote on October 6, 2004.
Received in the Senate on October 7, 2004. Passed the Senate by
unanimous consent on December 7, 2004.
72. H.R. 4829: To designate the facility of the U.S. Postal Service
located at 103 East Kleberg in Kingsville, TX, as the ``Irma
Rangel Post Office Building''
a. Sponsor.--Representative Hinojosa, Ruben [D-TX-15]
(introduced July 14, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on July 14, 2004. Agreed to in the House
under suspension of the rules by voice vote on October 6, 2004.
Passed the Senate by unanimous consent on December 7, 2004.
73. H.R. 4847: To designate the facility of the U.S. Postal Service
located at 560 Bay Isles Road in Longboat Key, FL, as the
``Lieutenant General James V. Edmundson Post Office Building''
a. Sponsor.--Representative Harris, Katherine [R-FL-13]
(introduced July 15, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on July 15, 2004. Ordered to be reported by
unanimous consent on September 15, 2004. Agreed to in the House
under suspension of the rules by voice vote on October 6, 2004.
Passed the Senate by unanimous consent on December 7, 2004.
74. H.R. 4968: To designate the facility of the U.S. Postal Service
located at 25 McHenry Street in Rosine, KY, as the ``Bill
Monroe Post Office''
a. Sponsor.--Representative Lewis, Ron [R-KY-2] (introduced
July 22, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on July 22, 2004. Ordered to be reported by
unanimous consent on September 15, 2004. Agreed to in the House
under suspension of the rules by voice vote on October 6, 2004.
Passed the Senate by unanimous consent on December 7, 2004.
75. H.R. 5027: To designate the facility of the U.S. Postal Service
located at 411 Midway Avenue in Mascotte, FL, as the
``Specialist Eric Ramirez Post Office''
a. Sponsor.--Representative Brown-Waite, Ginny [R-FL-5]
(introduced September 8, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 8, 2004. Ordered to be reported
by unanimous consent on September 15, 2004. Agreed to in the
House under suspension of the rules by voice vote on September
28, 2004. Passed the Senate by unanimous consent on October 10,
2004. Public Law 108-402.
76. H.R. 5039: To designate the facility of the U.S. Postal Service
located at U.S. Route 1 in Ridgeway, NC, as the ``Eva Holtzman
Post Office''
a. Sponsor.--Representative Butterfield, G.K. [D-NC-1]
(introduced September 9, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 9, 2004. Ordered to be reported
by unanimous consent on September 15, 2004. Agreed to in the
House under suspension of the rules by voice vote on September
22, 2004. Passed the Senate by unanimous consent on October 10,
2004. Public Law 108-403.
77. H.R. 5051: To designate the facility of the U.S. Postal Service
located at 1001 Williams Street in Ignacio, CO, as the
``Leonard C. Burch Post Office Building''
a. Sponsor.--Representative McInnis, Scott [R-CO-3]
(introduced September 9, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 9, 2004. Agreed to in the House
under suspension of the rules by voice vote on October 6, 2004.
Passed the Senate by unanimous consent on October 10, 2004.
Public Law 108-404.
78. H.R. 5053: To designate the facility of the U.S. Postal Service
located at 1475 Western Avenue, Suite 45, in Albany, NY, as the
``Lieutenant John F. Finn Post Office''
a. Sponsor.--Representative McNulty, Michael R. [D-NY-21]
(introduced September 9, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 9, 2004. Agreed to in the House
under suspension of the rules by voice vote on October 6, 2004.
79. H.R. 5133: To designate the facility of the U.S. Postal Service
located at 11110 Sunset Hills Road in Reston, VA, as the
``Martha Pennino Post Office Building''
a. Sponsor.--Representative Moran, James P. [D-VA-8]
(introduced September 23, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 23, 2004. Agreed to in the House
under suspension of the rules by voice vote on September 28,
2004. Passed the Senate by unanimous consent on October 10,
2004. Public Law 108-407.
80. H.R. 5147: To designate the facility of the U.S. Postal Service
located at 23055 Sherman Way in West Hills, CA, as the ``Evan
Asa Ashcraft Post Office Building''
a. Sponsor.--Representative Waxman, Henry A. [D-CA-30]
(introduced September 24, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on September 24, 2004. Agreed to in the House
under suspension of the rules by voice vote on September 28,
2004. Passed the Senate by unanimous consent on October 10,
2004. Public Law 108-408
81. H.R. 5364: To designate the facility of the U.S. Postal Service
located at 5505 Stevens Way in San Diego, CA, as the ``Earl B.
Gilliam/Imperial Avenue Post Office Building''
a. Sponsor.--Representative Filner, Bob [D-CA-51]
(introduced November 16, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform on November 16, 2004. Agreed to in the House
under suspension of rules by voice vote on November 17, 2004.
Passed the Senate by unanimous consent on December 7, 2004.
82. H.R. 5370: To designate the facility of the U.S. Postal Service
located at 4985 Moorhead Avenue in Boulder, CO, as the ``Donald
G. Brotzman Post Office Building''
a. Sponsor.--Representative Udall, Mark [D-CO-2]
(introduced November 16, 2004).
b. Legislative History.--Referred to the House Committee on
Government Reform November 16, 2004. Agreed to in the House by
unanimous consent on November 19, 2004. Passed the Senate by
unanimous consent on December 7, 2004.
83. S. 867: A bill to designate the facility of the U.S. Postal Service
located at 710 Wick Lane in Billings, MT, as the ``Ronald
Reagan Post Office Building''
a. Sponsor.--Senator Burns, Conrad R. [R-MT] (introduced
April 10, 2003).
b. Legislative History.--Referred to the Senate Committee
on Governmental Affairs on April 10, 2003. Passed the Senate by
unanimous consent on June 25, 2003. Referred to the Committee
on Government Reform on June 26, 2003. Agreed to in the House
under suspension of the rules by voice vote on November 18,
2003. Public Law 108-143.
84. S. 1399: A bill to redesignate the facility of the U.S. Postal
Service located at 101 South Vine Street in Glenwood, IA, as
the ``William J. Scherle Post Office Building''
a. Sponsor.--Senator Harkin, Tom [D-IA] (introduced July
14, 2003).
b. Legislative History.--Referred to the Senate Committee
on Governmental Affairs on July 14, 2003. Passed the Senate by
unanimous consent on July 17, 2003. Referred to the Committee
on Government Reform on July 18, 2003. Agreed to in the House
under suspension of the rules by voice vote on July 21, 2004.
Public Law 108-65.
85. S. 1590: A bill to redesignate the facility of the U.S. Postal
Service, located at 315 Empire Boulevard in Crown Heights,
Brooklyn, NY, as the ``James E. Davis Post Office Building''
a. Sponsor.--Senator Schumer, Charles E. [D-NY] (introduced
September 8, 2003).
b. Legislative History.--Referred to the Senate Committee
on Governmental Affairs on September 8, 2003. Passed the Senate
by unanimous consent on October 29, 2003. Referred to the
Committee on Government Reform on October 30, 2003. Agreed to
in the House under suspension of the rules by voice vote on
November 17, 2003. Public Law 108-141.
86. S. 1591: A bill to redesignate the facility of the U.S. Postal
Service located at 48 South Broadway, Nyack, NY, as the
``Edward O'Grady, Waverly Brown, Peter Paige Post Office
Building''
a. Sponsor.--Senator Schumer, Charles E. [D-NY] (introduced
September 8, 2003).
b. Legislative History.--Referred to the Committee on
Governmental Affairs on September 8, 2003. Passed the Senate by
unanimous consent on September 25, 2003. Referred to the
Committee on Government Reform on September 30, 2003. Agreed to
in the House under suspension of the rules by voice vote on
October 20, 2003. Public Law 108-103.
87. S. 1718: A bill to designate the facility of the U.S. Postal
Service located at 3710 West 73rd Terrace in Prairie Village,
KS, as the ``Senator James B. Pearson Post Office''
a. Sponsor.--Senator Roberts, Pat [R-KS] (introduced
October 14, 2003).
b. Legislative History.--Referred to the Senate Committee
on Governmental Affairs on October 14, 2003. Passed the Senate
by unanimous consent on October 29, 2003. Referred to the
Committee on Government Reform on October 30, 2003. Ordered to
be reported by unanimous consent on November 6, 2003. Agreed to
in the House under suspension of the rules by voice vote on
November 18, 2003. Public Law 108-144.
88. S. 2214: A bill to designate the facility of the U.S. Postal
Service located at 3150 Great Northern Avenue in Missoula, MT,
as the ``Mike Mansfield Post Office''
a. Sponsor.--Senator Burns, Conrad R. [R-MT] (introduced
March 12, 2004).
b. Legislative History.--Referred to the Senate Committee
on Governmental Affairs on March 12, 2004. Passed the Senate by
unanimous consent on June 9, 2004. Referred to the House
Committee on Government Reform on June 14, 2004. Agreed to in
the House under suspension of the rules by voice vote on
November 16, 2004. Public Law 108-440.
89. S. 2415: A bill to designate the facility of the U.S. Postal
Service located at 4141 Postmark Drive, Anchorage, AK, as the
``Robert J. Opinsky Post Office Building''
a. Sponsor.--Senator Stevens, Ted [R-AK] (introduced May
13, 2004).
b. Legislative History.--Referred to the Senate Committee
on Governmental Affairs on May 13, 2004. Passed through the
Senate by unanimous consent on June 9, 2004. Referred to the
Committee on Government Reform on June, 14, 2004. Ordered to be
reported by unanimous consent on July 21, 2004. Agreed to in
the House under suspension of the rules by voice vote on
October 6, 2004. Public Law 108-353.
90. S. 2693: A bill to designate the facility of the U.S. Postal
Service located at 1475 Western Avenue, Suite 45, in Albany,
NY, as the ``Lieutenant John F. Finn Post Office''
a. Sponsor.--Senator Schumer, Charles E. [D-NY] (introduced
July, 20, 2004).
b. Legislative History.--Referred to the Senate Committee
on Governmental Affairs on July 20, 2004. Passed through the
Senate Committee on Governmental Affairs by unanimous consent
on October 10, 2004. Referred to the Committee on Government
Reform on November 16, 2004. Agreed to in the House under
suspension of the rules by voice vote on November, 16, 2004.
Public Law 108-443.
E. RESOLUTIONS CONSIDERED BY THE COMMITTEE OR THE HOUSE
1. H. Con. Res. 6: Supporting the goals and ideals of Chronic
Obstructive Pulmonary Disease Awareness Month
a. Sponsor.--Representative Stearns, Cliff [R-FL-6]
(introduced January 7, 2004).
b. Legislative History.--Referred to Committee on
Government Reform January 7, 2003. Ordered to be reported by
the Committee on Government Reform on June 19, 2003. Agreed to
by the House on July 16, 2003.
2. H. Con. Res. 36: Encouraging the people of the United States to
honor and celebrate the 140th anniversary of the Emancipation
Proclamation and commending Abraham Lincoln's efforts to end
slavery
a. Sponsor.--Representative Davis, Danny K. [D-IL-7]
(introduced February 12, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on February 12, 2003. Agreed to under
suspension of the rules by the House on February 26, 2003.
3. H. Con. Res. 44: To express support for the celebration in 2004 of
the 150th anniversary of the Grand Excursion of 1854
a. Sponsor.--Representative Leach, James A. [R-IA-2]
(introduced February 13, 2004).
b. Legislative History.--Referred to Committee on
Government Reform February 13, 2003. Agreed to under suspension
of the rules by the House on March 26, 2003.
4. H. Con. Res. 54: Expressing the sense of the Congress that there
should be established an annual National Visiting Nurse
Association Week
a. Sponsor.--Representative Markey, Edward J. [D-MA-7]
(introduced February 25, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on February 25, 2003. Agreed to under
suspension of the rules by the House on March 4, 2003.
5. H. Con. Res. 58: Honoring the city of Fayetteville, NC, and its many
partners for the Festival of Flight, a celebration of the
centennial of Wilbur and Orville Wright's first flight, the
first controlled, powered flight in history
a. Sponsor.--Representative Etheridge, Bob [D-NC-2]
(introduced February 27, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on February 27, 2003. Agreed to under
suspension of the rules by the House on March 31, 2003. Agreed
to by unanimous consent by the Senate on May 16, 2003.
6. H. Con. Res. 69: Expressing the sense of Congress that Althea Gibson
should be recognized for her ground breaking achievements in
athletics and her commitment to ending racial discrimination
and prejudice within the world of sports
a. Sponsor.--Representative Rangel, Charles B. [D-NY-15]
(introduced February 27, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on February 27, 2003. Ordered reported by the
Committee on Government Reform on November 6, 2003. Agreed to
under suspension of the rules by the House on November 18,
2003. Agreed to in the Senate by unanimous consent on November
22, 2003.
7. H. Con. Res. 71: Recognizing the importance of Ralph Bunche as one
of the great leaders of the United States, the first African-
American Nobel Peace Prize winner, an accomplished scholar, a
distinguished diplomat, and a tireless campaigner of civil
rights for people throughout the world
a. Sponsor.--Representative Rangel, Charles B. [D-NY-15]
(introduced February 27, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on February 27, 2003. Ordered Reported by
unanimous consent on September 12, 2003. Agreed to under
suspension of the rules by the House on October 8, 2003. Agreed
to in the Senate by unanimous consent on November 22, 2003.
8. H. Con. Res. 85: Expressing the sense of the Congress with regard to
the need for improved fire safety in nonresidential buildings
in the aftermath of the tragic fire on February 20, 2003, at a
nightclub in West Warwick, RI
a. Sponsor.--Representative Langevin, James R. [D-RI-2]
(introduced March 10, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on March 10, 2003. Agreed to under suspension
of the rules by the House on March 12, 2003
9. H. Con. Res. 106: Recognizing and honoring America's Jewish
community on the occasion of its 350th anniversary, supporting
the designation of an ``American Jewish History Month,'' and
for other purposes
a. Sponsor.--Representative Chabot, Steve [R-OH-1]
(introduced March 20, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on March 20, 2003. Ordered reported by the
Committee on Government Reform on September 18, 2003. Agreed to
under suspension of the rules by the House on October 15, 2003.
Agreed to by Senate on November 21, 2003.
10. H. Con. Res. 149: Expressing support for the celebration of
Patriots' Day and honoring the Nation's first patriots
a. Sponsor.--Representative Markey, Edward J. [D-MA-7]
(introduced April 10, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on April 10, 2003. Agreed to under suspension
of the rules by the House on April 29, 2003.
11. H. Con. Res. 162: Honoring the city of Dayton, OH, and its many
partners, for hosting ``Inventing Flight: The Centennial
Celebration,'' a celebration of the centennial of Wilbur and
Orville Wright's first flight
a. Sponsor.--Representative Turner, Michael R. [R-OH-3]
(introduced May 6, 2004).
b. Legislative History.--Referred to House Committee on
Government Reform on May 6, 2003. Ordered reported by the
Committee on Government Reform on May 22, 2003. Agreed to under
suspension of the rules by the House on June 9, 2003.
12. H. Con. Res. 172: Supporting the 20th Annual National Tourism Week
a. Sponsor.--Representative Foley, Mark [R-FL-16]
(introduced May 9, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on May 9, 2003. Agreed to under suspension of
the rules by the House on June 2, 2003.
13. H. Con. Res. 176: Supporting the goals and ideals of Financial
Planning Week, recognizing the significant impact of sound
financial planning on achieving life's goals, and honoring
American families and the financial planning profession for
their adherence and dedication to the financial planning
process
a. Sponsor.--Representative Platts, Todd Russell [R-PA-19]
(introduced May 9, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on May 9, 2003. Ordered reported by unanimous
consent on September 18, 2003. Agreed to under suspension of
the rules by the House on November 4, 2003.
14. H. Con. Res. 208: Supporting National Men's Health Week
a. Sponsor.--Representative Cummings, Elijah E. [D-MD-7]
(introduced June 5, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on June 5, 2003. Ordered reported on June 19,
2003. Agreed to under suspension of the rules by the House on
July 16, 2003.
15. H. Con. Res. 220: Commending Medgar Wiley Evers and his widow,
Myrlie Evers-Williams, for their lives and accomplishments
a. Sponsor.--Representative Thompson, Bennie G. [D-MS-2]
(introduced June 12, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on June 12, 2003. Agreed to under suspension
of the rules by the House on June 16, 2003.
16. H. Con. Res. 230: Honoring the 10 communities selected to receive
the 2003 All-America City Award
a. Sponsor.--Representative Hayes, Robin [R-NC-8]
(introduced June 25, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on June 25, 2003. Ordered reported by
unanimous consent on July 10, 2003. Agreed to under suspension
of the rules by the House on July 21, 2003.
17. H. Con. Res. 235: Celebrating the life and achievements of Lawrence
Eugene ``Larry'' Doby
a. Sponsor.--Representative Pascrell, Bill, Jr. [D-NJ-8]
(introduced June 26, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on June 26, 2003. Ordered reported on July
24, 2003. Agreed to under suspension of the rules by the House
on September 16, 2003. Agreed to in the Senate by unanimous
consent on September 17, 2003.
18. H. Con. Res. 257: Expressing the sense of Congress that the
President should posthumously award the Presidential Medal of
Freedom to Harry W. Colmery
a. Sponsor.--Representative Ryun, Jim [R-KS-2] (introduced
July 24, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on July 24, 2003. Ordered reported by
unanimous consent on June 3, 2004. Agreed to under suspension
of the rules by the House on July 6, 2004.
19. H. Con. Res. 262: Expressing the sense of the Congress in support
of the National Anthem ``SingAmerica'' project
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced July 25, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on July 25, 2003. Ordered reported by
unanimous consent on September 12, 2003. Agreed to under
suspension of the rules by the House on November 4, 2003.
20. H. Con. Res. 264: Authorizing and requesting the President to issue
a proclamation to commemorate the 200th anniversary of the
birth of Constantino Brumidi
a. Sponsor.--Representative Mica, John L. [R-FL-7]
(introduced July 25, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on July 25, 2003. Ordered reported by
unanimous consent on October 2, 2003. Agreed to under
suspension of the rules by the House on February 10, 2004.
Agreed to by the Senate on February 24, 2004.
21. H. Con. Res. 270: Supporting the goals and ideals of College
Savings Month
a. Sponsor.--Representative Rogers, Mike [R-MI-8]
(introduced September 3, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on September 3, 2003. Ordered reported by
unanimous consent on September 18, 2003. Agreed to under
suspension of the rules by the House on October 15, 2003.
22. H. Con. Res. 273: Recognizing and congratulating the East Boynton
Beach, FL, Little League team as the 2003 U.S. Little League
Champions
a. Sponsor.--Representative Shaw, E. Clay, Jr. [R-FL-22]
(introduced September 4, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on September 4, 2003. Ordered reported by
unanimous consent on September 25, 2003. Agreed to under
suspension of the rules by the House on October 15, 2003.
Agreed to in the Senate by unanimous consent on January 21,
2004.
23. H. Con. Res. 287: Recognizing and honoring the life of the late
Raul Julia, his dedication to ending world hunger, and his
great contributions to the Latino community and the performing
arts
a. Sponsor.--Representative Gutierrez, Luis V. [D-IL-4]
(introduced September 23, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on September 23, 2003. Ordered reported by
unanimous consent on February 12, 2004. Agreed to under
suspension of the rules by the House on February 25, 2004.
Referred to the Senate Committee on the Judiciary on February
26, 2004.
24. H. Con. Res. 295: Congratulating and saluting Focus: HOPE on the
occasion of its 35th anniversary and for its remarkable
commitment and contributions to Detroit, the State of Michigan,
and the United States
a. Sponsor.--Representative Conyers, John, Jr. [D-MI-14]
(introduced October 7, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on October 7, 2003. Ordered reported by
unanimous consent on May 6, 2004. Agreed to under suspension of
the rules by the House on June 1, 2004.
25. H. Con. Res. 299: Honoring Mr. Sargent Shriver for his dedication
and service to the United States of America, for his service in
the U.S. Navy, and for his lifetime of work as an ambassador
for the poor and powerless citizens of the United States of
America, and for other purposes
a. Sponsor.--Representative McKeon, Howard P. (Buck) [R-CA-
25] (introduced October 8, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on October 8, 2003. Ordered Reported by
unanimous consent on November 6, 2003. Agreed to under
suspension of the rules by the House on November 17, 2003.
26. H. Con. Res. 313: To urge the President, on behalf of the United
States, to present the Presidential Medal of Freedom to His
Holiness, Pope John Paul II, in recognition of his significant,
enduring, and historic contributions to the causes of freedom,
human dignity, and peace and to commemorate the Silver Jubilee
of His Holiness' inauguration of his ministry as Bishop of Rome
and Supreme Pastor of the Catholic Church
a. Sponsor.--Representative Sensenbrenner, F. James, Jr.
[R-WI-5] (introduced October 28, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on October 28, 2003. Ordered reported by
unanimous consent on November 6, 2004. Agreed to under
suspension of the rules by the House on November 18, 2003.
Agreed to in the Senate by unanimous consent on November 19,
2003.
27. H. Con. Res. 320: Expressing the sense of the Congress regarding
the importance of motorsports
a. Sponsor.--Representative Feeney, Tom [R-FL-24]
(introduced November 4, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on November 4, 2003. Agreed to under
suspension of the rules by the House on November 19, 2003.
Agreed to in the Senate by unanimous consent on November 20,
2004.
28. H. Con. Res. 328: Recognizing and honoring the U.S. Armed Forces
and supporting the goals and objectives of a National Military
Appreciation Month
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced November 18, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on November 18, 2003. Ordered reported as
amended by unanimous consent on February 26, 2004. Agreed to
under suspension of the rules by the House on March 24, 2004.
Referred to the Senate Committee on the Judiciary on March 25,
2004. Ordered reported by the Committee on the Judiciary on
April 22, 2004. Agreed to in the Senate by unanimous consent on
April 26, 2004.
29. H. Con. Res. 450: Recognizing the 40th anniversary of the day civil
rights organizers Andrew Goodman, James Chaney, and Michael
Schwerner gave their lives in the struggle to guarantee the
right to vote for every citizen of the United States and
encouraging all Americans to observe the anniversary of the
deaths of the three men by committing themselves to ensuring
equal rights, equal opportunities, and equal justice for all
people
a. Sponsor.--Representative Owens, Major R. [D-NY-11]
(introduced June 15, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on June 15, 2004. Agreed to under suspension
of the rules by the House on June 21, 2004.
30. H. Con. Res. 461: Expressing the sense of Congress regarding the
importance of life insurance, and recognizing and supporting
National Life Insurance Awareness Month
a. Sponsor.--Representative Biggert, Judy [R-IL-13]
(introduced June 22, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on June 22, 2004. Ordered reported by the
Committee on Government Reform on September 15, 2004. Agreed to
under suspension of the rules by the House on September 28,
2004.
31. H. Con. Res. 464: Honoring the 10 communities selected to receive
the 2004 All-America City Award
a. Sponsor.--Representative Hayes, Robin [R-NC-8]
(introduced June 23, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on June 23, 2004. Ordered reported by
unanimous consent on September 15, 2004. Agreed to under
suspension of the rules by the House on October 6, 2004. Agreed
to in the Senate by unanimous consent on November 18, 2004.
32. H. Con. Res. 473: Expressing the sense of Congress that the
President should designate September 11 as a National Day of
voluntary service, charity and compassion
a. Sponsor.--Representative King, Peter T. [R-NY-3]
(introduced July 14, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on July 14, 2004. Agreed to under suspension
of the rules amended by the House on September 22, 2004.
Referred to the Committee on Health, Education, Labor, and
Pensions on September 23, 2004. Agreed to in the Senate by
unanimous consent on October 10, 2004.
33. H. Con. Res. 489: Supporting the goals and ideals of National
Preparedness Month
a. Sponsor.--Representative Cox, Christopher [R-CA-48]
(introduced September 9, 2004).
b. Legislative History.--Referred to Committee on
Government Reform on September 9, 2004. Ordered reported by
unanimous consent on September 15, 2004. Agreed to under
suspension of the rules by the House on September 22, 2004.
Referred to Committee on Governmental Affairs on September 23,
2004.
34. H. Res. 31: Congratulating the Tampa Bay Buccaneers for winning
Super Bowl XXXVII
a. Sponsor.--Representative Davis, Jim [D-FL-11]
(introduced January 27, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on January 27, 2003. Agreed to under
suspension of the rules by the House on January 29, 2003.
35. H. Res. 46: Honoring the life of Al Hirschfeld and his legacy
a. Sponsor.--Representative Nadler, Jerrold [D-NY-8]
(introduced January 29, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on January 29, 2003. Agreed to under
suspension of the rules by the House on February 25, 2003.
36. H. Res. 57: Recognizing and supporting the goals and ideals of
``National Runaway Prevention Month''
a. Sponsor.--Representative Israel, Steve [D-NY-2]
(introduced February 5, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on February 5, 2003. Agreed to under
suspension of the rules by the House on March 26, 2003.
37. H. Res. 111: Honoring the legacy of Fred Rogers and his dedication
to creating a more compassionate, kind, and loving world for
children and adults
a. Sponsor.--Representative Doyle, Michael F. [D-PA-14]
(introduced February 27, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on February 27, 2003. Agreed to under
suspension of the rules by the House on March 4, 2003.
38. H. Res. 122: Recognizing the bicentennial of the admission of Ohio
into the Union and the contributions of Ohio residents to the
economic, social, and cultural development of the United States
a. Sponsor.--Representative Regula, Ralph [R-OH-16]
(introduced March 4, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on March 4, 2003. Agreed to under suspension
of the rules by the House on March 12, 2003.
39. H. Res. 127: Recognizing and supporting the goals and ideals of
``Financial Literacy for Youth Month''
a. Sponsor.--Representative Dreier, David [R-CA-26]
(introduced March 5, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on March 5, 2003. Agreed to under suspension
of the rules by the House on April 7, 2003.
40. H. Res. 153: Recognizing the public need for fasting and prayer in
order to secure the blessings and protection of Providence for
the people of the United States and our Armed Forces during the
conflict in Iraq and under the threat of terrorism at home
a. Sponsor.--Representative Akin, W. Todd [R-MO-2]
(introduced March 20, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on March 20, 2003. Agreed to under suspension
of the rules by the House on March 27, 2003.
41. H. Res. 159: Expressing profound sorrow on the occasion of the
death of Irma Rangel
a. Sponsor.--Representative Hinojosa, Ruben [D-TX-15]
(introduced March 25, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on March 25, 2003. Ordered reported by voice
vote on May 22, 2003. Agreed to under suspension of the rules
by the House on June 2, 2003.
42. H. Res. 178: Honoring the life and work of former Speaker of the
Pennsylvania House of Representatives Matthew J. Ryan and
offering the deepest condolences of the U.S. House of
Representatives to his wife and family on his death
a. Sponsor.--Representative Weldon, Curt [R-PA-7]
(introduced April 3, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on April 3, 2003. Agreed to under suspension
of the rules by the House on May 13, 2003.
43. H. Res. 195: Congratulating Sammy Sosa of the Chicago Cubs for
hitting 500 major league home runs
a. Sponsor.--Representative Gutierrez, Luis V. [D-IL-4]
(introduced April 10, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on April 10, 2003. Ordered reported by voice
vote on May 22, 2003. Agreed to under suspension of the rules
by the House on June 2, 2003.
44. H. Res. 213: Expressing the sense of the House of Representatives
that public service employees should be commended for their
dedication and service to the Nation during Public Service
Recognition Week
a. Sponsor.--Representative Davis, Danny K. [D-IL-7]
(introduced May 1, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on May 1, 2003. Agreed to under suspension of
the rules by the House on May 8, 2003.
45. H. Res. 231: Supporting the goals and ideals of Peace Officers
Memorial Day
a. Sponsor.--Representative Hefley, Joel [R-CO-5]
(introduced May 13, 2003).
b. Legislative History.--Referred to Committee on
Government Reform on May 13, 2003. Agreed to under suspension
of the rules by the House on June 3, 2003.
46. H. Res. 240: Expressing the sense of the House of Representatives
that there should be established a National Community Health
Center Week to raise awareness of health services provided by
community, migrant, public housing, and homeless health
centers, and for other purposes
a. Sponsor.--Representative Davis, Danny K. [D-IL-7]
(introduced May 19, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on May 19, 2003. Ordered reported by voice
vote on June 19, 2003. Agreed to under suspension of the rules
by the House on July 21, 2003.
47. H. Res. 262: Supporting the goals and ideals of Pancreatic Cancer
Awareness Month
a. Sponsor.--Representative Platts, Todd Russell [R-PA-19]
(introduced June 9, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on June 9, 2003. Ordered reported by
unanimous consent on September 12, 2003. Agreed to under
suspension of the rules by the House on October 8, 2003.
48. H. Res. 274: Honoring John Stockton for an outstanding career,
congratulating him on his retirement, and thanking him for his
contributions to basketball, to the State of Utah, and to the
Nation
a. Sponsor.--Representative Matheson, Jim [D-UT-2]
(introduced June 12, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on June 12, 2003. Ordered reported by
unanimous consent on November 6, 2003. Agreed to under
suspension of the rules by the House on February 3, 2004.
49. H. Res. 279: Congratulating the San Antonio Spurs for winning the
2003 NBA Championship
a. Sponsor.--Representative Smith, Lamar [R-TX-21]
(introduced June 16, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on June 16, 2003. Agreed to under suspension
of the rules by the House on June 19, 2003.
50. H. Res. 303: Honoring Maynard Holbrook Jackson, Jr., former mayor
of the city of Atlanta, and extending the condolences of the
House of Representatives on his death
a. Sponsor.--Representative Lewis, John [D-GA-5]
(introduced June 26, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on June 26, 2003. Ordered reported by
unanimous consent on July 10, 2003. Agreed to under suspension
of the rules by the House on July 16, 2003.
51. H. Res. 306: Congratulating the New York Yankees on the occasion of
their 100th anniversary
a. Sponsor.--Representative Serrano, Jose E. [D-NY-16]
(introduced June 26, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on June 26, 2003. Ordered reported by
unanimous consent on September 12, 2003. Agreed to under
suspension of the rules by the House on September 30, 2003.
52. H. Res. 315: Congratulating Rafael Palmeiro of the Texas Rangers
for hitting 500 major league home runs and thanking him for
being a role model for the Cuban American community, as well as
for all Americans
a. Sponsor.--Representative Sessions, Pete [R-TX-32]
(introduced July 9, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on July 9, 2003. Ordered reported by voice
vote on July 24, 2003. Agreed to under suspension of the rules
by the House on September 10, 2003.
53. H. Res. 350: Congratulating Lance Armstrong for winning the 2003
Tour de France
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced September 3, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on September 3, 2003. Agreed to under
suspension of the rules by the House on September 3, 2003.
54. H. Res. 352: Remembering and honoring the March on Washington of
August 28, 1963
a. Sponsor.--Representative Bishop, Sanford D., Jr. [D-GA-
2] (introduced September 3, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on September 3, 2003. Ordered reported by
unanimous consent on September 12, 2003. Agreed to under
suspension of the rules by the House on September 16, 2003.
55. H. Res. 357: Honoring the life and legacy of Bob Hope
a. Sponsor.--Representative Miller, Jeff [R-FL-1]
(introduced September 5, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on September 5, 2003. Ordered reported by
unanimous consent on September 18, 2003. Agreed to under
suspension of the rules by the House on September 30, 2003.
56. H. Res. 369: Expressing the profound sorrow of the House of
Representatives for the death of Indiana Governor Frank
O'Bannon and extending thoughts, prayers, and condolences to
his family, friends, and loved ones
a. Sponsor.--Representative Burton, Dan [R-IN-5]
(introduced September 16, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on September 16, 2003. Agreed to under
suspension of the rules by the House on September 16, 2003.
57. H. Res. 392: Congratulating the Detroit Shock for winning the 2003
Women's National Basketball Association championship
a. Sponsor.--Representative Conyers, John, Jr. [D-MI-14]
(introduced October 8, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on October 8, 2003. Ordered reported by
unanimous consent on February 12, 2004. Agreed to under
suspension of the rules by the House on March 9, 2004.
58. H. Res. 399: Honoring the life and legacy of Melvin Jones and
recognizing the contributions of Lions Clubs International
a. Sponsor.--Representative Kennedy, Mark R. [R-MN-6]
(introduced October 15, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on October 15, 2003. Ordered reported by
unanimous consent on April 1, 2004. Agreed to under suspension
of the rules by the House on April 27, 2004.
59. H. Res. 415: Congratulating the Florida Marlins for winning the
2003 World Series
a. Sponsor.--Representative Meek, Kendrick B. [D-FL-17]
(introduced October 28, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on October 28, 2003. Agreed to under
suspension of the rules by the House on October 29, 2003.
60. H. Res. 425: Recognizing and honoring the firefighters and other
public servants who responded to the October 2003, historically
devastating, outbreak of wildfires in southern California
a. Sponsor.--Representative Davis, Susan A. [D-CA-53]
(introduced October 30, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on October 30, 2003. Agreed to under
suspension of the rules by the House on November 5, 2003.
61. H. Res. 433: Honoring the life and legacy of Luis A. Ferre
a. Sponsor.--Representative Serrano, Jose E. [D-NY-16]
(introduced November 5, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on November 5, 2003. Ordered reported by
unanimous consent on February 26, 2004. Agreed to under
suspension of the rules by the House on March 16, 2004.
62. H. Res. 439: Honoring the life and career of Willie Shoemaker and
expressing the condolences of the House of Representatives to
his family and friends on his death
a. Sponsor.--Representative Reyes, Silvestre [D-TX-16]
(introduced November 10, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on November 10, 2003. Ordered reported by
unanimous consent on February 12, 2004. Agreed to under
suspension of the rules by the House on March 2, 2004.
63. H. Res. 475: Congratulating the San Jose Earthquakes for winning
the 2003 Major League Soccer Cup
a. Sponsor.--Representative Honda, Michael M. [D-CA-15]
(introduced December 8, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on December 8, 2003. Ordered reported by
unanimous consent on February 26, 2004. Agreed to under
suspension of the rules by the House on March 9, 2004.
64. H. Res. 512: Congratulating the New England Patriots for winning
Super Bowl XXXVIII
a. Sponsor.--Representative Frank, Barney [D-MA-4]
(introduced February 3, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on February 3, 2004. Agreed to under
suspension of the rules by the House on February 4, 2004.
65. H. Res. 519: Expressing the sense of the House of Representatives
with respect to the earthquake that occurred in San Luis Obispo
County, CA, on December 22, 2003
a. Sponsor.--Representative Thomas, William M. [R-CA-22]
(introduced February 4, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on February 4, 2004. Ordered reported by
unanimous consent on February 12, 2004. Agreed to under
suspension of the rules by the House on March 9, 2004.
66. H. Res. 578: Supporting the goals and ideals of Financial Literacy
Month, and for other purposes
a. Sponsor.--Representative Biggert, Judy [R-IL-13]
(introduced March 25, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on March 25, 2004. Ordered reported by
unanimous consent on April 1, 2004. Agreed to under suspension
of the rules by the House on April 27, 2004.
67. H. Res. 581: Expressing the sense of the House of Representatives
regarding rates of compensation for civilian employees and
members of the uniformed services of the United States
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced March 29, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on March 29, 2004. Agreed to under suspension
of the rules by the House on March 31, 2004.
68. H. Res. 612: Recognizing and honoring the firefighters, police,
public servants, civilians, and private businesses who
responded to the devastating fire in Richmond, VA, on March 26,
2004
a. Sponsor.--Representative Cantor, Eric [R-VA-7]
(introduced April 29, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on April 29, 2004. Ordered reported as
amended by unanimous consent on May 12, 2004. Agreed to under
suspension of the rules by the House on June 1, 2004.
69. H. Res. 613: Recognizing and honoring the 10th anniversary of
Vietnam Human Rights Day
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced April 30, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on April 30, 2004. Ordered reported by
unanimous consent on May 6, 2004. Agreed to under suspension of
the rules by the House on May 11, 2004.
70. H. Res. 622: Supporting the goals and ideals of Peace Officers
Memorial Day
a. Sponsor.--Representative Hefley, Joel [R-CO-5]
(introduced May 4, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on May 4, 2004. Ordered reported by unanimous
consent on May 6, 2004. Agreed to under suspension of the rules
by the House on May 11, 2004.
71. H. Res. 641: Supporting the goals and ideals of Pancreatic Cancer
Awareness Month
a. Sponsor.--Representative Platts, Todd Russell [R-PA-19]
(introduced May 12, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on May 12, 2004. Ordered reported by
unanimous consent on September 15, 2004. Agreed to under
suspension of the rules by the House on November 16, 2004.
72. H. Res. 646: Expressing the sense of the House of Representatives
that there should be established a National Community Health
Center Week to raise awareness of health services provided by
community, migrant, public housing, and homeless health centers
a. Sponsor.--Representative Davis, Danny K. [D-IL-7]
(introduced May 18, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on May 18, 2004. Ordered reported by
unanimous consent on July 8, 2004. Agreed to under suspension
of the rules by the House on July 12, 2004.
73. H. Res. 653: Honoring former President George Herbert Walker Bush
on the occasion of his 80th birthday
a. Sponsor.--Representative Hall, Ralph M. [R-TX-4]
(introduced May 20, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on May 20, 2004. Ordered reported by
unanimous consent on June 3, 2004. Agreed to under suspension
of the rules by the House on June 14, 2004.
74. H. Res. 660: Congratulating Randy Johnson of the Arizona
Diamondbacks on pitching a perfect game on May 18, 2004
a. Sponsor.--Representative Shadegg, John B. [R-AZ-3]
(introduced June 2, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on June 2, 2004. Agreed to under suspension
of the rules by the House on June 21, 2004.
75. H. Res. 664: Mourning the passing of President Ronald Reagan and
celebrating his service to the people of the United States and
his leadership in promoting the cause of freedom for all the
people of the world
a. Sponsor.--Representative Lewis, Jerry [R-CA-41]
(introduced June 8, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on June 8, 2004. Agreed to under suspension
of the rules by the House on June 9, 2004.
76. H. Res. 668: Congratulating the Tampa Bay Lightning for winning the
2004 National Hockey League Stanley Cup championship and for
their outstanding performance during the entire 2003-2004
season
a. Sponsor.--Representative Davis, Jim [D-FL-11]
(introduced June 9, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on June 9, 2004. Agreed to under suspension
of the rules by the House on June 14, 2004.
77. H. Res. 679: Congratulating the Detroit Pistons on winning the 2004
National Basketball Association Championship
a. Sponsor.--Representative Conyers, John, Jr. [D-MI-14]
(introduced June 16, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on June 16, 2004. Agreed to under suspension
of the rules by the House on June 21, 2004.
78. H. Res. 684: Honoring David Scott Tidmarsh, the 2004 Scripps
National Spelling Bee Champion
a. Sponsor.--Representative Chocola, Chris [R-IN-2]
(introduced June 21, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on June 21, 2004. Ordered reported by
unanimous consent on July 8, 2004. Agreed to under suspension
of the rules by the House on July 12, 2004.
79. H. Res. 695: Expressing the condolences of the House of
Representatives to the family and friends of Mattie Stepanek on
his passing, and honoring the life of Mattie Stepanek for his
braveness, generosity of spirit, and efforts to raise awareness
of muscular dystrophy
a. Sponsor.--Representative Cardin, Benjamin L. [D-MD-3]
(introduced June 24, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on June 24, 2004. Ordered reported by
unanimous consent on July 21, 2004. Agreed to under suspension
of the rules by the House on July 22, 2004.
80. H. Res. 702: Honoring former President Gerald R. Ford on the
occasion of his 91st birthday and extending the best wishes of
the House of Representatives to former President Ford and his
family
a. Sponsor.--Representative Dingell, John D. [D-MI-15]
(introduced July 6, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on July 6, 2004. Ordered reported by
unanimous consent on July 8, 2004. Agreed to under suspension
of the rules by the House on July 12, 2004.
81. H. Res. 717: Honoring former President William Jefferson Clinton on
the occasion of his 58th birthday
a. Sponsor.--Representative Maloney, Carolyn B. [D-NY-14]
(introduced July 14, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on July 14, 2004. Ordered reported by
unanimous consent on July 21, 2004. Agreed to under suspension
of the rules by the House on September 13, 2004.
82. H. Res. 761: Congratulating Lance Armstrong on his record-setting
victory in the 2004 Tour de France
a. Sponsor.--Representative Doggett, Lloyd [D-TX-10]
(introduced September 9, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on September 9, 2004. Ordered reported by
unanimous consent on September 15, 2004. Agreed to under
suspension of the rules by the House on September 22, 2004.
83. H. Res. 772: Supporting the goals and ideals of National Long-Term
Care Residents' Rights Week and recognizing the importance the
Nation of residents of long-term care facilities, including
senior citizens and individuals living with disabilities
a. Sponsor.--Representative Waxman, Henry A. [D-CA-30]
(introduced September 14, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on September 14, 2004. Ordered reported by
unanimous consent on September 15, 2004. Agreed to under
suspension of the rules by the House on September 22, 2004.
84. H. Res. 784: Commending the resiliency of the people of the State
of Florida and the work of those individuals who have assisted
with the recovery efforts after the devastation caused by
Hurricanes Charley, Frances, Ivan, and Jeanne
a. Sponsor.--Representative Foley, Mark [R-FL-16]
(introduced September 22, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on September 22, 2004. Agreed to under
suspension of the rules by the House on September 28, 2004.
85. H. Res. 798: Honoring former President James Earl (Jimmy) Carter on
the occasion of his 80th birthday
a. Sponsor.--Representative Lewis, John [D-GA-5]
(introduced September 23, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on September 23, 2004. Agreed to under
suspension of the rules by the House on October 6, 2004.
86. H. Res. 815: Congratulating Andrew Wojtanik for winning the 16th
Annual National Geographic Bee, conducted by the National
Geographic Society
a. Sponsor.--Representative Moore, Dennis [D-KS-3]
(introduced October 4, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on October 4, 2004. Agreed to under
suspension of the rules by the House on October 6, 2004.
87. H. Res. 854: Congratulating the Boston Red Sox on winning the 2004
World Series
a. Sponsor.--Representative Capuano, Michael E. [D-MA-8]
(introduced November 16, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on November 16, 2004. Agreed to under
suspension of the rules by the House on November 18, 2004.
88. H.J. Res. 19: Recognizing the 92d birthday of Ronald Reagan
a. Sponsor.--Representative Cox, Christopher [R-CA-48]
(introduced February 4, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on February 4, 2003. Agreed to under
suspension of the rules by the House on February 11, 2003.
Agreed to in the Senate by unanimous consent on February 13,
2003. Public Law 108-9.
89. H.J. Res. 70: Commending the Inspectors General for their efforts
to prevent and detect waste, fraud, abuse, and mismanagement,
and to promote economy, efficiency, and effectiveness in the
Federal Government during the past 25 years
a. Sponsor.--Representative Davis, Tom [R-VA-11]
(introduced September 29, 2003).
b. Legislative History.--Referred to the Committee on
Government Reform on September 29, 2003. Ordered reported by
the Committee on Government Reform on October 2, 2003. Agreed
to by the House under suspension of the rules on October 15,
2003.
* The Senate passed a similar bill, S.J. Res. 18, on
October 14, 2003. The House agreed to S.J. Res. 18 under
suspension of the rules on November 17, 2003. Public Law 108-
139.
90. H.J. Res. 84: Recognizing the 93d birthday of Ronald Reagan
a. Sponsor.--Representative Gibbons, Jim [R-NV-2]
(introduced January 20, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on January 20, 2004. Agreed to under
suspension of the rules by the House on February 3, 2004.
Referred to the Senate Committee on the Judiciary on March 25,
2004.
91. H.J. Res. 87: Honoring the life and legacy of President Franklin
Delano Roosevelt and recognizing his contributions on the
anniversary of the date of his birth
a. Sponsor.--Representative Slaughter, Louise McIntosh [D-
NY-28] (introduced January 28, 2004).
b. Legislative History.--Referred to the Committee on
Government Reform on January 28, 2004. Ordered reported by
unanimous consent on February 26, 2004. Agreed to under
suspension of the rules by the House on March 17, 2004.
Referred to the Senate Committee on the Judiciary on March 22,
2004.
92. S. Con. Res. 97: A concurrent resolution recognizing the 91st
annual meeting of the Garden Club of America
a. Sponsor.--Senator Sarbanes, Paul S. [D-MD] (introduced
March 9, 2004).
b. Legislative History.--Referred to the Committee on the
Judiciary on March 9, 2004. Agreed to in the Senate by
unanimous consent on March 22, 2004. Referred to the Committee
on Government Reform on March 23, 2004. Ordered reported by the
Committee on Government Reform on April 1, 2004. Agreed to
under suspension of the rules by the House on April 20, 2004.
II. Oversight and Investigative Accomplishments
The committee has conducted oversight on and investigated
matters related to the effective administration of government
programs of great public interest. These programs included
government contracting in support of the war in Iraq, the
Agriculture Department's handling of the discovery of Mad Cow
Disease in the United States, the flu vaccine shortage, the
role of the National Guard in national security and homeland
defense, and management of the Department of Homeland Security.
The committee's exposure of these matters to public scrutiny
has enhanced public confidence in government, ensured
accountability of public officials, and contributed to efforts
to address serious problems facing America today.
Iraq Contracting
The committee held a series of four hearings that looked
into the contracting of goods and services and the Iraqi
conflict. In preparing for these hearings, Chairman Tom Davis
led two bipartisan delegations to Iraq and Kuwait. Both of
these trips were designed to obtain insight into the
complexities surrounding the coalition's situation and the role
of contractors in the larger scheme of the Iraq situation.
The hearings focused on, in order, the overall situation in
Iraq, the U.S. Government contracting apparatus in the war
theater, large sustainment contracts, and finally, specific
allegations of wrongdoing by so called whistleblowers. These
high profile hearings acted as a window on how the intricacies
of government contracting work in a wartime environment.
Government contracting is not black and white. There are many
actors; each with different roles to ensure that goods and
services are delivered in accordance with law and that in the
end the taxpayer is protected.
These hearings accomplished much. The hearings brought to
light a better understanding of the impact of the security
situation in Iraq on contracting. The security in Iraq is
tenuous at best and it inhibits rebuilding and resupply efforts
and impacts the day-to-day living conditions of our military
and civilians in the country. Furthermore, the hearings
revealed how difficult it is to deliver goods and services
necessary to sustain a military and civilian presence in a war
theater and how the government tries to maintain, at best, some
resemblance of an audit chain, while at the same time ensuring
that the mission is accomplished.
The hearings established that the ``fog of war'' not only
affects the military mission but it also affects the contractor
and contract management structure on the battlefield. The
committee understands that in both peace and war there are
contractors that will try to take advantage of the situation.
Unfortunately, the security situation causes a lag in the
contract management system, which in turn caused many to think
that contractors in Iraq were enriching themselves by abusing
the system.
The hearings provided a strong record that the system is/
was working. Auditing agencies have done their jobs. Where
criminal investigations are necessary, they are being
conducted. The laws put in place by Congress carefully balance
affordability, accountability, and accessibility and have been
able to ensure that goods and services can be delivered, when
needed, even in emergencies, while protecting the taxpayer. And
we established that there was no evidence that the contracts
were awarded improperly.
Government contracting is difficult. Government contracting
in a war zone is nearly impossible. What the committee learned
is that despite the security situation and the difficulties of
the Iraq war, goods and services are being delivered and that
in the end, the oversight process will ensure that the costs of
those goods and services are reasonable and appropriate and the
taxpayer will be protected. There will be times of trouble but
all in all, if our mission in Iraq is to succeed, it will do so
in large part because the acquisition system is functioning as
it should.
Mad Cow
After the December 23, 2003, USDA announcement of the
discovery of the first U.S. case of Bovine Spongiform
Encephalopathy [BSE], commonly known as ``mad cow disease,''
the committee initiated a 7-month investigation into concerns
about the process for identification of BSE-infected cows and
USDA's actions upon discovery of the cow. Committee
investigators traveled to Washington State to interview the
owner of the slaughterhouse where the BSE-infected cow was
identified; requested documents from USDA; and held several
meetings with USDA representatives and representatives of the
cattle industry.
As a result of the committee's investigation, USDA
established written protocols to be followed in case of
discovery of another BSE-infected cow. USDA also implemented an
expanded BSE surveillance plan to better determine whether BSE
is actually present in the U.S. cattle population, and if so,
at what level. The committee held a joint hearing with the
Committee on Agriculture to examine USDA's expanded
surveillance plan, including concerns regarding the written
protocols and management of the plan. The committee will
continue to conduct oversight over USDA's surveillance plan
during the 109th Congress.
Flu Vaccine Shortage
The committee began its investigation into the flu vaccine
shortage in February 2004, where the committee raised concerns
over the possibility that the United States could lose half its
supply of the flu vaccine if the United Kingdom, in a flu
pandemic, nationalized the vaccine supply of Chiron Corp., the
largest supplier of flu vaccine to the U.S. market. Then on
October 5, 2004, the UK's Medicines and Healthcare Products
Regulatory Agency [MHRA] suspended Chiron's influenza vaccine-
manufacturing license effective immediately for 3 months
because of manufacturing problems.
As a result of the suspension, the United States did not
receive Chiron's 46-48 million flu shots for this year's flu
season. The committee subsequently held an emergency hearing on
October 8, 2004, where the discussion centered on contributing
factors to the flu vaccine shortage, the government's and
vaccine manufacturers' responses to and management of the
crisis, and the steps to be taken to prepare for next year's
flu season. In addition, the committee requested official
documents from FDA to ascertain whether FDA had knowledge prior
to October 5, 2004, of Chiron's impending suspension. In
November, Chairman Davis and staff traveled to London to hold
meetings with officials from MHRA and Chiron.
The committee also conducted an extensive meeting with FDA
officials in Washington to discuss FDA documents and the
results of the committee's meetings in London. On November 17,
2004, the committee held its third flu vaccine shortage
hearing. The testimony from previous hearings, FDA documents,
and meetings with Chairman Davis appear to establish that FDA
followed standard protocol in dealing with Chiron. The
committee will continue to monitor the subsequent inspections
of the Chiron facility to ensure that they are able to produce
vaccine for next year's flu season, as well as determine
whether any appropriate legislative action is necessary to
prevent a similar situation in the future.
FDA's Safety And Efficacy of Drugs
The committee has begun an investigation into FDA's
approval and post-marketing surveillance of drugs, especially
in light of questions surrounding the safety and efficacy of
anti-depressant drugs prescribed for use by adolescents, and
the voluntary withdrawal by Merck of Vioxx, an arthritis and
acute pain medication taken by more than 2 million people
worldwide. The committee's review is intended to ensure that
FDA adequately monitors drug safety.
National Guard
The committee focused on the role and resourcing of the
National Guard in our country's growing and evolving national
and homeland defense missions. We have held hearings on Army
Guard and Reserve pay systems that have resulted in changes in
Army policies effecting administration and customer services
for the Army reserve component. The committee is also examining
the relationship between the States and the Federal Government
in use of the National Guard for homeland defense missions. The
committee's April 2004 hearing resulted in changes in Title 32
allowing for homeland defense operations under Governor
control. The committee will continue to work on
intergovernmental coordination between State and Federal
Government and the Department of Defense in helping define the
homeland role of the National Guard.
The committee will also continue to examine the resourcing
of the Army and Air National Guard for overseas and homeland
missions, particularly in the areas of equipment and training.
The committee is also looking at the Air Force Future Total
Force transformation as it is affecting the equipping and
positioning of the Air National Guard.
The committee also has done extensive work on Army medical
processing of injured Guard and Reserve, focusing on the lack
of integrated systems and processes of oversight that create
problems for injured reservists and their families.
Department of Homeland Security
During the 108th Congress, the committee conducted
extensive oversight into the newly created Department of
Homeland Security. In addition to thorough oversight over
aviation security, mass transportation security, and
information management challenges facing a new department that
combined 22 agencies and 170,000 employees, the committee has
also spent considerable time examining visa policy and US
VISIT.
The committee maintained a strong focus on conducting
oversight over the protection of the homeland through our
embassies and consulates overseas. The newly created Department
of Homeland Security [DHS] has primary responsibility for the
visa issuing function and has infused an increased security
interest into the process. Along with these additional
precautions, however, come delays and frustrations that have
seriously affected American businesses, educational
institutions, the scientific community, and the tourism
industry. The committee has encouraged DHS and the State
Department to facilitate travel while maintaining homeland
security through the efficient use of information technology,
interagency cooperation, and human capital and resource
management.
The committee also documented the development of the US
VISIT program examining, in particular, the inter-agency
aspects of the new initiative. US VISIT will never meet its
potential until agencies with applicable information freely and
proactively share data so that government officials can make
effective decisions no matter which Department they represent.
Where necessary, the committee urged agencies to set aside
parochial concerns to achieve the congressional vision of a
seamless border entry system that actually facilitates U.S.
border travel while protecting the Nation.
PART THREE. FULL COMMITTEE MEETINGS
I. Full Committee Hearings
1. ``From Reorganization to Recruitment: Bringing the Federal
Government into the 21st Century,'' March 6, 2003; Serial No.
108-2
a. Summary.--The purpose of the hearing was to begin a
dialog on the 14 recommendations made by the Commission, and to
give members of the committee the opportunity to evaluate those
recommendations and discuss which ones are feasible in the near
future and which are longer term goals. The Commission's
report--much of which mirrors elements of the administration's
management agenda--provides an excellent overview of some of
the challenges we face in improving the operations of the
Federal Government, and the hearing set the stage for much of
the work this committee will do during the 108th Congress to
reform and improve the Federal Government.
b. Witnesses.--Paul A. Volcker, chairman of the National
Commission on the Public Service; Frank C. Carlucci, member of
the National Commission on the Public Service; and Donna
Shalala, member of the National Commission on the Public
Service.
2. ``Energy Efficiency Improvements in Federal Buildings and
Vehicles,'' March 12, 2003; Serial No. 108-1
a. Summary.--The purpose of this hearing was to gain a
better understanding of the government's progress in reducing
energy consumption and adopting more energy efficient
facilities as the committee begins to consider provisions in
upcoming energy policy legislation within its jurisdiction.
b. Witnesses.--David Garman, Assistant Secretary for Energy
Efficiency and Renewable Energy, U.S. Department of Energy;
Paul Lynch, Assistant Commissioner of Business Operations for
the Public Buildings Service, General Services Administration;
and William Rivers, Director of the Federal Vehicle Policy
Division in the Office of Government-wide Policy, General
Services Administration, accompanied by Barney Brasseaux of the
Federal Supply Service.
3. ``Stumbling onto Smut: The Alarming Ease of Access to Pornography on
Peer-to-Peer Networks,'' March 13, 2003; Serial No. 108-8
a. Summary.--The purpose of this hearing was to examine the
growing problem of the availability of pornography, including
child pornography, through file sharing programs, on peer-to-
peer computer networks. The committee also examined the risk of
inadvertent exposure to children to pornographic materials on
these networks. Seemingly harmless search terms likely to be
used by children involving cartoon characters or popular
singers produce a high proportion of pornographic images.
b. Witnesses.--Linda Koontz, Director of Information
Management Issues, U.S. General Accounting Office; John M.
Netherland, Acting Director of the CyberSmuggling Center,
Bureau of Immigration and Customs Enforcement, Department of
Homeland Security; Randy Saaf, president of MediaDefender,
Inc.; Daniel Rung, chief executive officer of Grokster Limited;
Patricia Greenfield, Department of Psychology, University of
California at Los Angeles; Mistress Shelley, 9th grade; and
Master Rob, 10th grade.
4. ``Breathing Fumes: A Decade of Failure in Energy Department
Acquisitions,'' March 20, 2003; Serial No. 108-4
a. Summary.--The committee held this oversight hearing to
examine the Department of Energy's [DOE] troubled acquisition
management function. DOE depends on contractors to operate its
sites and carry out its varied missions, such as ensuring that
America's nuclear weapons stockpile is safe and reliable,
cleaning up radioactive and hazardous wastes, fostering a
secure and reliable energy system, and performing world-class
scientific research.
For over a decade, GAO and the DOE IG have criticized the
Department's acquisition practices, particularly the
Department's inadequate contract management and oversight and
its failure to hold its contractors accountable for results.
Poor performance of DOE contractors has led to schedule delays
and cost increases on many of the Department's projects. Some
of these difficulties have been rooted in the Department's
failure to seek competition for its large ``management and
operating'' contracts for running its government-owned plants
and laboratories and its failure to structure these contracts
so as to encourage results rather than the method of
performance.
b. Witnesses.--Gregory H. Friedman, Inspector General of
the U.S. Department of Energy; Robin M. Nazzaro, Director of
Natural Resources and Environment, U.S. Department of Energy;
and James A. Rispoli, Director of the Office of Engineering and
Construction Management, U.S. Department of Energy.
5. ``Point, Click, Self-Medicate: A Review of Consumer Safeguards on
Internet Pharmacy Sites,'' March 27, 2003; Serial No. 108-5
a. Summary.--The purpose of this hearing was to examine
regulatory gaps pertaining to domestic Internet sites that sell
medications without a valid prescription. The committee heard
testimony regarding public health and consumer safety issues
that stem from the sale of prescription drugs without a valid
prescription or adequate physician supervision. The Food and
Drug Administration, Federal Trade Commission, Federation of
State Medical Boards, National Association of Boards of
Pharmacy, and National Association of Attorneys General
appeared before the committee to convey their concerns and
suggest possible solutions to the problem of unlawful Internet
prescribing.
b. Witnesses.--Howard J. Beales, Director of the Bureau of
Consumer Protection, Federal Trade Commission; William Hubbard,
Senior Associate Commissioner for Policy Planning and
Legislation, Food and Drug Administration; Dr. James Thompson,
M.D., executive vice president and chief executive officer of
the Federation of State Medical Boards; Carmen Catizone,
executive director of the National Association of Boards of
Pharmacy; and Richard Blumenthal, attorney general of the State
of Connecticut, on behalf of the National Association of
Attorneys General.
6. ``Toward a Logical Governing Structure: Restoring Executive
Reorganization Authority,'' April 3, 2003; Serial No. 108-33
a. Summary.--The purpose of the hearing was to discuss the
reauthorization of the Executive Reorganization Authority,
which expired in 1984. The hearing discussed the merits of
restoring reorganization authority to the President and
concerns regarding the proposal to restore them.
Examining this authority is a critical component of the
President's management agenda and the Government Reform
Committee's goal of moving the Federal Government into the
future. Reauthorization of executive reorganization authority
is also a top priority in the Volcker Report on the public
service. New technology, work-force training and retention, and
organizational streamlining, mentioned in the proposal, will
not only provide savings to the American taxpayer, but also
make our government more efficient for all citizens.
b. Witnesses.--Tom DeLay, Majority Leader of the U.S. House
of Representatives; David M. Walker, Comptroller General of the
General Accounting Office; Nancy Dorn, Deputy Director of the
Office of Management and Budget; Dwight Ink, president emeritus
of the Institute of Public Administration; Dr. Paul C. Light,
Director of the Center for Public Service at the Brookings
Institution; Colleen M. Kelley, president of the National
Treasury Employees Union; and Mark D. Roth, general counsel for
the American Federation of Government Employees.
7. ``Project BioShield: Contracting for the Health and Security of the
American Public,'' April 4, 2003; Serial No. 108-10
a. Summary.--The purpose of this hearing was to examine the
merits of the ``Project Bioshield Act,'' a legislative proposal
designed to protect Americans from the threat of a bio-
terrorist attack. The proposal, first announced by President
Bush in his 2003 State of the Union address, would enable the
Federal Government to develop, procure, and make available
countermeasures to biological, chemical, nuclear, and
radiological agents that could cause public health emergencies
affecting national security.
b. Witnesses.--Dr. Anthony S. Fauci, Director of the
National Institute of Allergy and Infectious Diseases, National
Institutes of Health, Department of Health and Human Services;
Dr. Mark McClellan, Commissioner of the Food and Drug
Administration, Department of Health and Human Services;
Michael Brown, Under Secretary for Emergency Preparedness and
Response, Department of Homeland Security; Dr. Dale Klein,
Assistant to the Secretary of Defense for Nuclear, Chemical and
Biological Defense Programs, Department of Defense; Frank
Rapoport, attorney at law for McKenna Long & Aldridge, on
behalf of Aventis Pasteur; Michael Friedman, chief medical
officer for biomedical preparedness, Pharmaceutical Research
and Manufacturers of America; Una Ryan, president of Avant
Immunotherapeutics; Katherine Bowdish, Ph.D., president of
Alexion Antibody Technologies; and John Edwards, chief of
infectious diseases at the Harbor-UCLA Medical Center, on
behalf of the Infectious Diseases Society of America.
8. ``The SARS Threat: Is the Nation's Public Health Network Prepared
for a Possible Epidemic?'' April 9, 2003; Serial No. 108-9
a. Summary.--This oversight hearing assessed our public
health system's response capabilities to manage an emerging
infectious disease at the Federal, State, and local level. The
global outbreak of severe acute respiratory syndrome [SARS],
offered a valid test of the Nation's preparedness to handle any
public health threat, whether it is caused by a naturally
occurring infectious outbreak or a bioterrorist attack. In
2002, The Public Health Security and Bioterrorism Preparedness
and Response Act provided substantial new funding for States,
localities, and hospitals to boost preparedness to respond to a
highly contagious disease. The SARS threat was the first
challenge to our Nation's health network's capabilities since
the enactment of the bill and provided the committee with a
chance to evaluate existing procedures and safeguards.
b. Witnesses.--Janet Heinrich, Director of Public Health
Issues, U.S. General Accounting Office; Dr. Margaret Hamburg,
vice president of Biological Programs, the Nuclear Threat
Initiative; Dr. David Goodfriend, director of the Loudoun
County Health Department; and Tommy G. Thompson, Secretary of
the Department of Health and Human Services, accompanied by
General Phil Russell (retired), Commander, U.S.M., and Steve
Ostroff, Centers for Disease Control.
9. ``Are We Ready for Prime Time? Assessing the State of Emergency
Readiness in the Nation's Capital,'' April 10, 2003; Serial No.
108-18
a. Summary.--The purpose of this hearing was to examine the
ability of the District of Columbia to cope with a major
emergency. The National Capital Region faces some unique
challenges in its emergency preparation and response planning.
It is an area governed by two States, the District of Columbia,
and the Federal Government; each with its own police forces and
emergency plans, but closely connected by roads, bridges, and
mass transit systems. The District of Columbia also is the seat
of the Federal Government and employs close to 370,000 Federal
employees, many who live in Maryland and Virginia. The District
requires a multitude of local, State, and Federal Governments
and agencies to coordinate their efforts to respond effectively
to emergencies. The Federal, local, and State governments have
taken a number of actions to improve coordination of emergency
preparedness efforts.
However, several incidents in the capital region have shown
that there is much to be done in the way of planning,
coordination, communication, and informing the public. For
example, a disgruntled tobacco farmer drove a tractor onto the
Mall, threatened to detonate explosives, and effectively held
the area hostage for 47 hours. The incident seriously disrupted
life and work in the region when traffic in the capital's vital
thoroughfares came to a standstill. Law enforcement agencies
attempted to negotiate with the disgruntled farmer, but there
was no escalation of control strategies. This lack of control
was occurring even after the homeland security risk condition
had been upgraded to code orange because the Nation was on the
eve of war. For all the planning to prepare for emergencies,
the perception was that the numerous agencies and jurisdictions
could not resolve the situation in a timely manner.
Government leaders, law enforcement agencies, and the
private and public sectors were asked to address the
sufficiency of resources to handle security threats,
coordination of emergency responses, and other issues regarding
emergency preparedness and response.
As a follow-up to the hearing, a GAO report has been
requested to examine the emergency budget and spending plan for
the National Capital Region. The report will help Congress
identify whether the region is sufficiently funded and using
the funds to its fullest capacity.
b. Witnesses.--Van Harp, Director of the Washington Field
Office, Federal Bureau of Investigation; Teresa Chambers, Chief
of the U.S. Park Police; Charles Ramsey, chief of the
Metropolitan Police Department; Richard White, general manager
of the Washington Metropolitan Area Transit Authority; David
Robertson, interim executive director of the Metropolitan
Washington Council of Governments, Mary K. Hill, Chair of the
Board of Directors, Metropolitan Washington Council of
Governments; Bob Peck, president of the Washington Board of
Trade; Anthony A. Williams, Mayor of the District of Columbia;
Mark Warner, Governor of the Commonwealth of Virginia; Bruce
Tuxill, adjutant general of the Maryland State Police; Edward
T. Norris, secretary of State Police, State of Maryland; and
Michael Byrne, Director of the Office of National Capitol
Region Coordination, U.S. Department of Homeland Security.
10. ``Better Training, Efficiency and Accountability: Services
Acquisition Reform for the 21st Century,'' April 30, 2003;
Serial No. 108-29
a. Summary.--The committee conducted a legislative hearing
on H.R. 1837, the Services Acquisition Reform Act [SARA] of
2003. The hearing followed up on other hearings conducted
during the 107th Congress on H.R. 3832, the Services
Acquisition Reform Act of 2002, to address the barriers
government agencies face in acquiring the goods and services
necessary to meet mission objectives.
The goal of the hearing was to discuss ways to provide the
Federal Government greater access to the commercial
marketplace. The current system, although much improved by the
reforms of the 1990s, is simply inadequate to leverage the best
and most innovative services and products our vigorous private-
sector economy has to offer. Today's acquisition processes do
not keep up with the dynamics of an economy that has over the
last few years become increasingly service and technology
oriented.
SARA addresses the multiple deficiencies plaguing
government acquisition today; (1) the lack of up-to-date
comprehensive training for our acquisition professionals, (2)
the inability of the current government structure to reflect
business-like practices by facilitating cross-agency
acquisitions and information sharing, and (3) the lack of good
tools and incentives to encourage the participation of the best
commercial firms in the government market.
SARA was passed into law as part of the fiscal year 2004
Department of Defense Appropriations bill.
b. Witnesses.--William Woods, Director of Contracting
Issues, GAO; Stephen Perry, Administrator of GSA; Angela
Styles, Administrator of Office of Federal Procurement Policy,
OMB; Charles Tiefer, University of Baltimore Law School; Bruce
Leinster, chairman of the Information Technology Association of
America; Mark F. Wagner, chairman of the Public Policy Council
for the CSA; and Edward Legasey, vice chairman of the
Professional Service Council.
11. ``Instilling Agility, Flexibility and a Culture of Achievement in
Critical Federal Agencies: Review of H.R. 1836, the Civil
Service and National Security Personnel Improvement Act of
2003,'' May 6, 2003; Serial No. 108-25
a. Summary.--The committee hosted a legislative hearing on
H.R. 1836, which seeks to address the human capital management
challenges facing three key Federal agencies: the Department of
Defense, the Securities and Exchange Commission, and the
National Aeronautics and Space Administration.
b. Witnesses.--Paul Wolfowitz, Deputy Secretary of the
Department of Defense, accompanied by General Peter Pace, vice
chairman of the Joint Chiefs of Staff, Department of Defense;
Kay Cole James, Director of the Office of Personnel Management;
Sean O'Keefe, Administrator of the National Aeronautics and
Space Administration; William Donaldson, chairman of the
Securities and Exchange Commission; Dr. Paul Light, director of
the Center for Public Service at the Brookings Institution;
Bobby Harnage, Sr., national president of the American
Federation of Government Employees; Colleen Kelly, president of
the National Treasury Employees Union; and Mille Turner, member
of the U.S. Department of Agriculture Conference of the Federal
Managers Association.
12. ``Out of Many, One: Assessing Barriers to Information Sharing in
the Department of Homeland Security,'' May 8, 2003; Serial No.
108-31
a. Summary.--The purpose of this hearing was to examine the
current status of the Department of Homeland Security's efforts
to integrate information sharing functions both among the 22
agencies comprising the new Department, as well as between the
Department and other Federal, State, and local entities and
private sector stakeholders.
b. Witnesses.--Greg Baroni, president of Global Public
Sector, Unisys Corp.; Steven Perkins, senior vice president of
Public Sector and Homeland Security, Oracle Corp.; Mark Bisnow,
senior vice president of WebMethods, Inc.; Steven Cooper, Chief
Information Officer of the Department of Homeland Security;
Mark Forman, Associate Director for Information Technology, and
e-Government, Office of Management and Budget; Robert Dacey,
Director of Information Security Issues and Information
Technology Team, General Accounting Office; Randolph C. Hite,
Director of Architecture and Systems Issues and Information
Technology Team, General Accounting Office; and Charles
Rossotti, Senior Advisor of the Carlyle Group, former
Commissioner, Internal Revenue Service.
13. ``In Search of Educational Excellence in the Nation's Capital: A
Review of Academic Options for Students and Parents in the
District of Columbia,'' May 9, 2003; Serial No. 108-30
a. Summary.--The intent of the hearing was to begin an open
dialog regarding school scholarships in the District of
Columbia and whether there was a need for Federal legislation
to address education performance and school choice in the
District of Columbia. The committee will continue to examine
school choice initiatives for the disadvantaged.
b. Witnesses.--Jeff Flake, (R-AZ); Elijah Cummings, (D-MD);
Eugene Hickok, Ph.D., Under Secretary, U.S. Department of
Education; Anthony Williams, Mayor of the District of Columbia;
Linda Cropp, chairman of the D.C. Council; Kevin Chavous,
member of the D.C. Council; Peggy Cooper Cafritz, president of
the D.C. Board of Education; Josephine Baker, executive
director of the D.C. Public Charter School Board; Casey
Lartigue, Jr., education policy analyst at the Cato Institute;
Dr. Helen Ladd, researcher at Duke University, Jackie Pinckney-
Hackett, public school parent at Jefferson Junior High School;
and Iris Tover, transformation school parent at Stanton
Elementary School.
14. ``Overexposed: The Threats to Privacy and Security on Filesharing
Networks,'' May 15, 2003; Serial No. 108-26
a. Summary.--The purpose of the hearing was for the
committee to assess the security and privacy risks posed by the
use of peer-to-peer file sharing programs. Witnesses at the
hearing included computer security experts and representatives
from academia. Witnesses expressed significant concern about
security vulnerabilities associated with peer-to-peer file-
sharing programs. At the hearing the committee released a staff
report entitled ``File-Sharing Programs and Peer-to-Peer
Networks: Privacy and Security Risks.'' This report summarized
the results of the committee's staff investigation into the
potential privacy and security risks associated with the use of
peer-to-peer file-sharing programs. Committee staff found that
users of file-sharing programs have inadvertently made highly
personal information available to other users and that file-
sharing software can spread viruses, worms, and other malicious
computer files.
b. Witnesses.--Nathaniel S. Good, University of California,
Berkeley; Dr. John Hale, assistant professor of Computer
Science at the University of Tulsa; Jeffrey I. Schiller,
network manager at the Massachusetts Institute of Technology;
Derek S. Broes, executive vice president of Worldwide
Operations, Brilliant Digital Entertainment; Alan B. Davidson,
associate director of the Center for Democracy and Technology;
and Mari J. Frank, esq., Mari J. Frank, Esq. & Associates.
15. ``Protecting Our Most Valuable Residents: A Review of Reform
Efforts at the District of Columbia Child and Family Services
Agency,'' May 16, 2003; Serial No. 108-24
a. Summary.--The committee held an oversight hearing to
examine the status of the District of Columbia's Child and
Family Services Agency [CFSA]. A series of highly publicized
incidents last year, including the abuse of underage children
placed in group homes, prompted the committee to request a GAO
followup report to examine CFSA's performance measures and
compliance with the Adoption and Safe Families Act [ASFA], the
implementation of key foster care policies, and the
relationship between the agency and the family court. The
committee learned that CFSA is developing written plans to help
it comply with some of the ASFA requirements and performance
measures. The agency has developed numerous foster care
policies and, in the case of face-to-face intake interviews,
their standards even exceed accepted best practices.
Furthermore, CFSA has lowered the number of underage children
who are placed in group homes. The vital relationship between
CFSA and the family court is improving and includes regular
meetings between the heads of both organizations. However, the
hearing also highlighted challenges that CFSA still faces such
as (1) compliance with AFSA requirements regarding the
termination of parental rights, permanency hearings, and
notification to participants about hearings and reviews, (2)
delay in establishing policies related to a child's permanency
goals, (3) the licensing of foster homes, (4) ensuring social
worker visitation, (5) ensuring parental visitation in
reunification cases, (6) maintaining up-to-date information in
the FACES automated case management system, and (7) the
recruitment and retention of case workers, foster families, and
adoptive families. The committee will follow-up on CFSA's
progress in improving its performance in these areas.
b. Witnesses.--Cornelia M. Ashby, Director of Education,
Workforce and Income Security Issues, GAO; Dr. Olivia A.
Golden, director of the D.C. Child and Family Services Agency;
Judith W. Meltzer, deputy director of the Center for the Study
of Social Policy; Anne Schneiders, esq., LISW, chairman of the
Washington Chapter of the National Association of Counsel for
Children; Jennifer Massengale, acting executive director of
Safe Shores at the D.C. Children's Advocacy Center; Marilyn
Egerton, deputy director of the Foster & Adoptive Parent
Advocacy Center; and Judith Sandalow, executive director of the
Children's Law Center of Washington, DC.
16. ``H.R. 2086, the Office of National Drug Control Policy
Reauthorization Act of 2003,'' May 22, 2003; Serial No. 108-27
a. Summary.--The purpose of this legislative hearing was to
provide committee members with an opportunity to discuss our
national drug control policy and the administration's general
views and priorities for reauthorization with the Director of
the Office of National Drug Control Policy [ONDCP], John P.
Walters. Specifically, the committee discussed H.R. 2086 the
``Office of National Drug Control Policy Reauthorization of
2003,'' the purpose of which is to reauthorize ONDCP. It also
renews congressional authorization for national programs
administered by ONDCP, including the National Youth Anti-Drug
Media Campaign and the High Intensity Drug Trafficking Areas
[HIDTA] program. The committee also requested the Partnership
for Drug Free America and the Office of Management and Budget
to submit statements for the record regarding the National
Youth Anti-Drug Media Campaign and the High Intensity Drug
Trafficking Areas program.
b. Witnesses.--John P. Walters, Director, Office of
National Drug Control Policy.
17. ``Potential Reduced Exposure/Reduced Risk Tobacco Products: An
Examination of the Possible Public Health Impact and Regulatory
Challenges,'' June 3, 2003; Serial No. 108-38
a. Summary.--The purpose of this hearing was to provide an
overview of the effects of the use of reduced exposure/reduced-
risk tobacco products on the public health. The hearing also
examined what type of regulatory structure would best ensure
the development of products designed to provide tobacco users
with less dangerous sources of nicotine than conventional
cigarettes.
Many questions remain regarding the value of these types of
products to the public health, and much research still needs to
be done. However, several witnesses did express the opinion
that modified tobacco products have the potential, if used
appropriately and regulated stringently, to significantly
affect individual and public health by reducing the level of
toxins in these products. As a result of this hearing, the
committee continues to actively follow tobacco related issues.
b. Witnesses.--Dr. Scott Leischow, Chief of the Tobacco
Control Research Branch, National Cancer Institute, NIH; Dr.
Robert Wallace, vice-chairman of the Committee to Assess the
Science Base for Tobacco Harm Reduction, Institute of Medicine,
NAS; Lee Peeler, Deputy Director of the Bureau of Consumer
Protection, FTC; Michael E. Szymanczyck, chairman and CEO of
Phillip Morris USA, Inc.; Dorothy K. Hatsukami, professor at
the University of Minnesota Medical School; Jack Henningfield,
professor at the Johns Hopkins University School of Medicine;
Dr. Lynn T. Kozlowski, professor at the Pennsylvania State
University; David T. Sweanor, senior legal counsel for the Non-
Smokers' Rights Association; Dr. David M. Burns, professor at
the San Diego School of Medicine, University of California; and
Richard H. Verheji, executive vice president of the U.S.
Smokeless Tobacco Co.
18. ``Wasted Space, Wasted Dollars: Reforming Federal Real Property to
Meet 21st Century Needs,'' June 5, 2003; Serial No. 108-35
a. Summary.--The committee held a hearing on the current
condition of the Federal Government's real property holdings
and the reforms that could be implemented to revitalize these
extensive assets. The Federal Government spends literally
millions of dollars each year just to maintain these extensive
properties. Many Federal properties are in disrepair, lack up-
to-date technological infrastructure, are ill equipped for
adequate security protection, and pose health and safety
threats to workers and visitors alike. Other properties are no
longer suitable to meet the Federal Government's changing
mission. This situation has led the GAO to include vacant,
underutilized, and deteriorating Federal real property on its
High Risk Series. In March 2000, GAO reported that GSA has
struggled over the years to meet the repair and alteration
requirements identified at its buildings and that billions of
dollars will be required to satisfy the repair and alteration
needs at Federal buildings.
The Federal Government is faced with a critical situation
in Federal real property management. The degraded condition of
so many Federal buildings has a tremendous negative impact on
the government's ability to perform its critical mission. It
has negative budget ramifications and results in negative
workforce productivity. It adversely affects the health and
well being of government workers and citizens. Action must be
taken to stem this tide of deterioration of Federal buildings.
Throwing more money at the problem is not the answer. Fiscal
responsibility requires that the Federal Government look to
alternatives, that Federal agencies be given property
management tools, incentives to dispose of unneeded properties,
and authority to enter into partnerships with the private
sector.
GSA and other agencies need broader management authority in
order to efficiently and cost-effectively manage their
properties. The provision found in H.R. 2548, ``The Federal
Property Asset Management Reform Act of 2003,'' offers agencies
the tools needed to stem this growing problem. The first step
is to require an accurate and updated inventory of all Federal
real property and to establish a Real Property Officer in each
agency. Next, agencies must be given expanded authority to
exchange or transfer property with other Federal agencies. GSA,
acting on behalf of landholding, must be able to sublease
unexpired portions of leased property, and outlease
underutilized property. In addition, agencies should be
permitted to retain the proceeds from disposition of excess
real property, subject to appropriations, to meet the agency's
capital asset needs.
b. Witnesses.--Stephen A. Perry, Administrator of GSA;
Linda M. Springer, Controller of the Office of Federal
Financial Management, OMB; Bernard L. Ungar, Director of
Physical Infrastructure Issues, GAO; D. Mark Catlett, Principal
Deputy Assistant Secretary for Management, Department of
Veterans'' Affairs; Major General (Retired) Charles E.
Williams, Director and COO of Overseas Buildings Operations,
U.S. Department of State; and Brent W. Bitz, representing the
Building Owners and Managers Association International.
19. ``Budget Autonomy for the District of Columbia: Restoring Trust in
our Nation's Capital,'' June 13, 2003; Serial No. 108-36
a. Summary.--The purpose of this hearing was to discuss
options for providing budget autonomy for the District of
Columbia. After issuing six consecutive balanced budgets,
receiving clean, unqualified financial audits and building up a
general surplus and cash reserves of over $1 billion, it is
appropriate for Congress to consider relaxing some of its
oversight controls over the Nation's Capital. During the
hearing discussion centered on how to develop legislation that
would allow the District of Columbia to submit its local budget
to Congress for congressional review and consideration under an
expedited review process that would ensure that the District
can begin utilizing the next fiscal year's funds when the
fiscal year begins. The committee sought from the witnesses
their expectations of how they thought the expedited
congressional consideration of the local budget would work.
b. Witnesses.--Anthony Williams, Mayor of the District of
Columbia Government; Linda Cropp, chairman of the District of
Columbia Council; and Dr. Natwar Gandhi, chief financial
officer of the District of Columbia Government.
20. ``The Next Step in the Investigation of the Use of Informants by
the Department of Justice: The Testimony of William Bulger,''
June 19, 2003; Serial No. 108-41
a. Summary.--During the 107th Congress, the committee
conducted an investigation of the use of informants by the
Department of Justice. The committee held a number of hearings
and conducted hundreds of interviews.
The next step of the committee's investigation was to
receive testimony from William Bulger. The committee wanted
information pertaining to Mr. Bulger's interaction with Federal
law enforcement officials, the effect of the FBI's misuse of
informants on public confidence in State government, and his
knowledge of law enforcement's efforts to apprehend his
fugitive brother, James ``Whitey'' Bulger.
To obtain William Bulger's full cooperation, the committee
conferred immunity on him in April 2003. When William Bulger
appeared before the committee on December 6, 2002, he asserted
his rights under the fifth amendment of the U.S. Constitution.
b. Witnesses.--William Bulger, president of the University
of Massachusetts.
21. ``H.R. 2556, School Choice in the District of Columbia: Opening
Doors for Parents and Students,'' June 24, 2003; Serial No.
108-37
a. Summary.--The committee held this hearing to further
explore options to provide greater school choice and
scholarships for District of Columbia school children.
Witnesses were asked to discuss how increasing school choice
would benefit both children who participate in the program as
well as parents who choose to keep their children in public
schools in the District. Witnesses were also asked how a school
choice program would improve overall education in the Nation's
Capital.
After hearing testimony from witnesses and further
legislative research, Chairman Tom Davis, along with Education
and the Workforce Committee Chairman John Boehner introduced
H.R. 2556, legislation that would expand educational
opportunities to D.C. students in under-performing elementary
and secondary schools.
b. Witnesses.--John A. Boehner, chairman of the Committee
on Education and the Workforce; Rod Paige, Secretary of
Education; and Anthony A. Williams, Mayor of the District of
Columbia.
22. ``New Century, New Process: A Preview of Competitive Sourcing for
the 21st Century,'' June 26, 2003; Serial No. 108-42
a. Summary.--The committee hosted this hearing to examine
the revised Office of Management Budget [OMB] Circular A-76
(the Circular). The Circular sets forth the policies and
procedures Federal agencies must follow when conducting public-
private competitions to determine whether Federal or contractor
employees should perform the government's commercial jobs. The
revised Circular, which became effective on May 29, 2003,
extensively reforms the existing competitive sourcing process.
Specifically, the new rules establish tight deadlines for
competitions, require competitions to be based on the
government's Federal Acquisition Regulation [FAR], permit
certain competitions to be evaluated using a ``best value''
standard, and mandate close monitoring of the winner's
performance. At the hearing, the committee heard from the
administration as well as representatives from contractor
groups and Federal employee unions.
b. Witnesses.--David M. Walker, Comptroller General of GAO;
Angela Styles, Director of the Office of Federal Procurement
Policy, OMB; Philip W. Grone, Principal Assistant Deputy Under
Secretary of Defense (Installations and Environment); Scott J.
Cameron, Deputy Assistant Secretary for Performance and
Management, DOI; Bobby L. Harnage, Sr., national president of
AFGE; Colleen M. Kelley, president of NTEU; Donald D. Dilks,
president of the DDD Co.; and Stan Z. Soloway, president of
PSC.
23. ``Smooth Sailing or an Impending Wreck? The Impact of New Visa and
Passport Requirements on Foreign Travel to the United States,''
July 10, 2003; Serial No. 108-51
a. Summary.--The purpose of this hearing was to gain
insight on the important security measures the State
Department, the Department of Homeland Security, and the
Federal Bureau of Investigation are implementing to protect the
homeland from foreign visitors who would do us harm. The
committee also learned about ways in which potential damage to
American business and tourism from these measures can be
avoided or mitigated.
b. Witnesses.--Janice L. Jacobs, Deputy Assistant Secretary
for Visa Services, U.S. State Department; Michael Cronin,
Associate Commissioner for Immigration Policy and Programs at
the Bureau of Customs and Border Protection, Department of
Homeland Security; Robert J. Garrity, Jr., Acting Assistant
Director of the Records Management Division, Federal Bureau of
Investigation; John A. Marks, national chair of the Travel
Industry Association of America; Randel K. Johnson, vice
president of labor, Immigration and Employee Benefits, U.S.
Chamber of Commerce; and Richard J. Pettler, partner at
Fragomen, Del Rey, Bernsen & Loewy, P.C.
24. ``Cutting Out Waste, Fraud, Mismanagement, Overlap, and
Duplication: Exploring Ideas for Improving Federal
Reorganization, Management and Spending,'' July 16, 2003;
Serial No. 108-69
a. Summary.--The Conference Report accompanying the fiscal
year 2004 budget resolution (House Report 108-71) requires
House and Senate authorizing committees to identify means of
eliminating waste, fraud, and abuse in mandatory spending
programs (programs not subject to annual appropriations) in
their jurisdictions. Committees are required to submit to their
respective Budget Committee, findings as to the changes in law
needed to eliminate specified amounts of waste, fraud, and
abuse.
The specified amount is based on 1 percent of the total
level of mandatory spending under each committee's
jurisdiction. The committee on Government Reform has been
directed to find savings of $827 million in fiscal year 2004,
$4.5 billion over the 2004-08 period, and $9.9 billion over the
2004-13 period.
The Office of Personnel Management [OPM] administers the
majority of mandatory spending under the Committee on
Government Reform's jurisdiction ($57 billion out of a total
$78 billion in fiscal year 2004, according to the March 2003
Congressional Budget Office baseline). Therefore, the purpose
of this hearing is to receive testimony on the subject of
waste, fraud, and abuse in mandatory spending programs
administered by OPM.
b. Witnesses.--Patrick E. McFarland, Inspector General of
the Office of Personnel Management, accompanied by Dennis K.
Black, Deputy Assistant Inspector General for Audits, Office of
Personnel Management, and Norbert Vint, Assistant Inspector
General for Investigations, Office of Personnel Management; and
Paul L. Posner, Managing Director for Federal Budget and
Intergovernmental Issues, Strategic Issues, General Accounting
Office, accompanied by Ralph Block, Tax Group, General
Accounting Office.
25. ``H.R. 2432, Paperwork and Regulatory Improvements Act of 2003,''
July 22, 2003; Serial No. 108-68
a. Summary.--The Paperwork and Regulatory Improvements Act
of 2003 makes improvements in processes governing both
paperwork and regulations. The goal of this legislation is to
ensure additional paperwork reduction and regulatory relief to
benefit average Americans. This bill also seeks to make
information available to Congress that will allow Members to
make intelligent decisions to decrease the heavy burden of
Federal paperwork and regulations on America's small businesses
and families.
The Office of Management and Budget [OMB] estimates the
Federal paperwork burden on the public at over 8 billion man-
hours. The Internal Revenue Service [IRS] accounts for over 80
percent of the total. In its June 2003 task force report to
implement the Small Business Paperwork Relief Act, OMB
estimated that the cost imposed on the public for all
government-required paperwork is $320 billion a year. This
amount does not include the cost of the underlying regulations
for which the paperwork is required.
The bipartisan Paperwork and Regulatory Improvements Act of
2003 was introduced by Representative Doug Ose (R-CA), chairman
of the Subcommittee on Energy Policy, Natural Resources and
Regulatory Affairs.
b. Witnesses.--John D. Graham, Administrator of the Office
of Information and Regulatory Affairs, Office of Management and
Budget; Thomas M. Sullivan, Chief Counsel for Advocacy, Small
Business Administration; Fred L. Smith, Jr., president and
founder of Competitive Enterprise Institute; Wendy Lee Gramm,
director of the Regulatory Studies Program, Mercatus Center,
George Mason University, and former Administrator of the Office
of Information and Regulatory Affairs, OMB; John Sample, vice
president of sales and marketing at Peake Printers, Inc. on
behalf of the National Association of Manufacturers; Raymond
Arth, president and CEO of Phoenix Products, Inc. and first
vice chairman, National Small Business Association; and Lisa
Heinzerling, professor of law at the Georgetown University Law
Center.
26. ``The Thrift Savings Plan: Putting Customers First?,'' July 24,
2003; Serial No. 108-71
a. Summary.--During the summer, the customer service
provided to Federal employees by the Federal Retirement Thrift
Investment Board [FRTIB] came into question as a consequence of
the June 16, 2003 launch of the new Thrift Savings Plan [TSP]
recordkeeping system, which is accessible to Federal employees
and retirees through its internet site. The TSP is a retirement
savings and investment plan available to all Federal employees
and civilian members of the uniformed services. It was designed
to be similar to 401(k) plans provided by many private sector
employers. The TSP is a particularly important part of the
Federal Employees Retirement System [FERS] because of the
inadequacy to provide sufficient retirement income from the
combination of Social Security, the FERS basic annuity and the
government's automatic contribution of 1 percent of pay to the
TSP. Each agency contributes a specific dollar amount or
percentage of pay into employees' accounts, which is invested
in five different funds.
The committee received many complaints during the summer
that the TSP Web site remained difficult to access months after
its launch. Many participants found it impossible to make loan
requests and contribution allocations. Numerous people
discovered that their contribution allocations were delivered
to the wrong funds or even a different person's account, and
several even missed home purchases because loans were not
processed. To make matters worse, many participants have
complained that too often the TSP phone lines have been busy
and attempts to send applications via U.S. mail to the TSP
Service Office have also yielded no response. This oversight
hearing aimed to determine how FRTIB can improve its service to
TSP participants, and how participants should proceed when they
have exhausted all communication options with the FRTIB.
b. Witnesses.--Andrew Saul, chairman of FRTIB; Ted
McPherson, CFO of the U.S. Dept. of Agriculture; Alan Lebowitz,
Deputy Assistant Secretary for Program Operations, EBSA, U.S.
Dept. of Labor; Michelle Corridon, co-chair, FMA-USDA
Conference; and Keith Rauschenbach, VP, Eastern Division, TIAA-
CREF.
27. ``Black Men and Boys in the District of Columbia and Their Impact
on the Future of the Black Family,'' September 12, 2003; Serial
No. 108-74
a. Summary.--In an effort to address problems facing young
African American men in the District of Columbia and other
metropolitan areas, the committee examined social, economic,
and health-related problems of African American men and boys.
The purpose of the hearing was to examine issues the District
of Columbia Commission on Black Men and Boys has been exploring
and to help the Commission develop a final action plan to be
carried out by the District's government, businesses, and
community. Black men and boys in the District of Columbia and
across the country face an unprecedented combination of serious
social, economic, and health challenges.
Witnesses concluded that there are countless African
American men with the potential to become leaders of the
District of Columbia and cities and States around the country--
but too few of them get to the point where they can exercise
that potential. It is important for the community and the
government to foster an environment in which they can succeed
and positively influence the course of events pertinent to
African Americans, and to us all.
The Commission will produce an action plan that aims to be
useful not only to Federal agencies, but also to local
jurisdictions that may want to establish similar commissions.
The goal of the Commission is to identify problems affecting
African-Americans and build awareness about these issues.
b. Witnesses.--George Starke, chairman of the D.C. Black
Men and Boys Commission; Charles Mann, Good Samaritan
Foundation; William Julius Wilson, Ph.D., Harvard University;
Paul A. Quander, director of the D.C. Court Services and
Offender Supervision Agency; Jay R. Cummings, Ph.D., Texas
Southern University; and Robin Gwalthney, Rutgers University.
28. ``Holocaust Era Insurance Restitution After AIA v. Garamendi: Where
Do We Go From Here?'' September 16, 2003; Serial No. 108-79
a. Summary.--This was the third hearing held by the
committee to examine the ability of the Holocaust victims and
their heirs to receive restitution on insurance policies
obtained during the Holocaust era. At the previous hearings,
witnesses complained about a low claims approval rate and poor
management and oversight of the process by the International
Commission on Holocaust-Era Insurance Claims [ICHEIC]. ICHEIC
is a nonprofit organization comprised of representatives of
Holocaust survivors, United States and European insurance
regulators, the Israeli Government, and five insurance
companies. At the hearing, the committee examined the impact of
the recent Supreme Court decision in AIA v. Garamendi, which
overturned a California State law proposing sanctions against
insurance companies that fail to publish information about
Holocaust-era policies. The committee also focused on whether
ICHEIC is fulfilling its mission to address the insurance
claims of Holocaust victims and their heirs and beneficiaries.
Other issues that were discussed during the hearing included
the cooperation of insurance companies to provide documentation
of holocaust-era insurance policies, the role of the Congress
in light of the recent Supreme Court decision, and needed
improvements to ensure that ICHEIC is accountable to its
stakeholders. The committee heard from the State Department,
ICHEIC, the National Association of Insurance Commissioners,
and Holocaust survivors.
b. Witnesses.--Ambassador Randolph M. Bell, Special Envoy
for Holocaust Issues, U.S. Department of State; Lawrence S.
Eagleburger, chairman of ICHEIC; Gregory V. Serio, NAIC; Gideon
Taylor, executive VP of the Conference of Jewish Material
Claims Against Germany; Israel Arbeiter, president of the
American Association of Jewish Holocaust Survivors of Greater
Boston; and Daniel Kaden, Ph.D., Holocaust Survivor Advocate.
29. ``What Happened to GPRA? A Retrospective Look at Government
Performance and Results,'' September 18, 2003; Serial No. 108-
75
a. Summary.--This hearing assessed the overall
effectiveness of the Government Performance and Results Act of
1993 in shifting the focus of government from process to
results. In addition, the hearing provided Members an
opportunity to discuss legislative options for improving the
Results Act and integrating performance information more
closely into the budget process.
b. Witnesses.--Richard Armey, former Majority Leader of the
House of Representatives; Clay Johnson III, Deputy Director for
Management at OMB; David M. Walker, Comptroller General of the
GAO; and Patricia McGinnis of the Council for Excellence in
Government.
30. ``Entrepreneurial Government Run Amok? A Review of FSS/FTS
Organizational and Management Challenges,'' October 2, 2003;
Serial No. 108-80
a. Summary.--The Committee on Government Reform conducted
an oversight hearing on General Services Administration [GSA]
efforts to restructure the organization of the Federal Supply
Service [FSS] and Federal Technology Service [FTS], the impact
of recent GSA Inspector General [IG] investigations of FTS
contract mismanagement, and GSA's plans for a new government-
wide telecommunications program.
The hearing built on the information on structural and
management challenges faced by the two services developed in a
hearing held last Congress by the Subcommittee on Technology
and Procurement Policy and supplemented by General Accounting
Office [GAO] work.
The committee intends to conduct more hearings on FSS and
FTS current structural challenges. The committee will continue
its oversight of FTS's contract mismanagement in the second
session.
b. Witnesses.--Stephen Perry, Administrator of GSA; William
T. Woods, Director of Acquisition and Sourcing Management, GAO;
Larry Allen, executive vice president of the Coalition for
Government Procurement; and Donald Scott, senior vice president
of EDS, Inc., on behalf of the International Technology
Association of America.
31. ``What if Isabel Met Tractor Man? A Post-Hurricane Reassessment of
Emergency Readiness in the Capital Region,'' October 3, 2003;
Serial No. 108-89
a. Summary.--This was a followup hearing to examine the
state of emergency preparedness in the Nation's Capital. A
multitude of local, State, and Federal agencies must coordinate
their efforts to respond effectively to emergencies because the
capital region faces unique challenges in its incidence
preparation and response planning. The region's response to the
Hurricane Isabel gave the parties involved in oversight and
planning an opportunity to reassess the region's readiness for
potential disasters of all types. The aftermath of Isabel
created problems that contributed to public safety concerns.
Hurricane Isabel tested many systems in the region--
particularly transportation, electrical power, and water
systems. Witnesses were asked to share their experiences and
lessons they learned in terms of overall emergency readiness in
the capitol region. The committee is dedicated to make sure
emergency plans are effective, coordinated, and communicated.
The committee will continue to monitor emergency preparedness
in the National Capital Region.
b. Witnesses.--Eric Tolbert, Director of the Response
Division at FEMA, DHS; John Marshall, Secretary of Public
Safety, Commonwealth of Virginia; Dennis R. Schrader, director
of the Governor's Office of Homeland Security, State of
Maryland; Peter G. LaPorte, director of the Emergency
Management Agency, District of Columbia; Richard White, CEO of
WMATA; William J. Sim, president of Pepco; Admiral Jay Johnson,
president and CEO of Dominion Delivery, Dominion Virginia
Power; Jerry N. Johnson, general manager of the D.C. Water and
Sewer Authority; Charlie C. Crowder, Jr., general manager of
the Fairfax County Water Authority; and Leslie A. Violetter,
treasurer of the Belle View Condominium Unit Owners Association
Community.
32. ``Winning the Peace: Coalition Efforts to Restore Iraq,'' October
8, 2003; Serial No. 108-90
a. Summary.--The purpose of the hearing was to gain insight
from the on-the-ground experience of the people performing
reconstruction projects in Iraq as well as the viewpoints of
Iraqi-Americans, scholars, and others who have recently
observed the reconstruction process.
b. Witnesses.--Les Brownlee, Acting Secretary of the Army;
Philo Dibble, Principal Deputy Assistant Secretary of State,
Bureau of Near Eastern Affairs; Tom Korologos, Senior Advisor
to Ambassador L. Paul Bremer III, administrator of the
Coalition Provisional Authority; Major General Carl Strock,
U.S. Army, Director of Operations and Infrastructure, Coalition
Provisional Authority; Bernie Kerik, former Director of the
Interior, Coalition Provisional Authority; Alaa H. Haidari,
Iraqi-American; Beate Sirota Gordon, Constitutional scholar;
and Lamya Alarif, Iraqi-American.
33. ``Emerging from Isabel: A Review of FEMA's Preparation for and
Response to Affected Areas in the Hampton Roads Region,''
October 10, 2003; Serial No. 108-92
a. Summary.--The committee hosted two field hearings in
Norfolk and Chesapeake, VA to investigate the ability of
Federal agencies to coordinate with State governments to
respond to the occurrence of a natural disaster or emergency.
The Government Reform Committee has a vital interest in the
government's response to the damage caused by Hurricane Isabel
to the Hampton Roads region. It is critical that the Federal,
State and local governments plan and act in a coordinated,
efficient manner, not only in response to future natural
disasters, but also to potential terrorist acts. The Federal
Government, Commonwealth of Virginia, and local jurisdictions
have taken a number of actions to improve coordination of
emergency preparedness efforts. Since the private sector owns
most of the critical infrastructure in the Hampton Roads region
and across the country, it is important for the private and
public sector to work closely to protect regional and national
infrastructure.
b. Witnesses.--Gregory Cade, fire chief/emergency
management coordinator for the city of Virginia Beach; Ron
Keys, director of Emergency Services for the city of Norfolk;
Curt Shaffer, director of the Plans, Analysis and Emergency
Operations Branch, Police Division, city of Hampton; David
Jolly, director of public safety for Dinwiddie County; Richard
Childress, director of emergency management for Isle of Wight
County; Steve Herbert, city manager/director of emergency
services for the city of Suffolk; Steve Best, fire chief/
director of emergency operations for the city of Chesapeake;
John Marshall, secretary of public safety, Commonwealth of
Virginia; and Eric Tolbert, Director of the Response Division,
Federal Emergency Management Agency, U.S. Department of
Homeland Security.
34. ``You've Got Mail--But is it Secure? An Examination of Internet
Vulnerabilities Affecting Businesses, Governments and Homes,''
October 16, 2003; Serial No. 108-95
a. Summary.--The committee examined the Internet's vulner-
abilities and the threat they pose to our national security,
public health and safety, and economy. The committee saw a
demonstration of the Slammer virus' effect in elapsed time and
its estimated impact on individual computers and networks. A
second presentation demonstrated the ease with which the
average computer user can obtain names, Social Security numbers
and other sensitive information through popular search engines
like Google. Citizens, businesses, and State, local, and
Federal governments rely on the Internet for a variety of
activities: business transactions, acquisition of goods and
services, and the collection and dissemination of information.
Through the hearing the committee learned the Federal
Government has taken important steps to respond to this growing
cyber-threat. The Federal Computer Incident Response Center
[FedCIRC] coordinates responses to cyber attacks (non-law
enforcement), promoting incident reporting, and cross-agency
sharing of data about common vulnerabilities. The National
Institute of Standards and Technology [NIST] provides timely
guidance to Federal agencies on securing networks, systems, and
applications; recommends that agencies implement a patch
management program, harden all hosts appropriately, deploy
anti-virus software to detect and block malicious code, and
configure the network perimeter to deny all traffic that is not
necessary. Another critical mechanism used to enforce
protection of Federal systems is the Federal Information
Security Management Act [FISMA].
However, due to its vast inventory and the vulnerabilities
inherent in commercial software, the Federal Government will
continue to be impacted by threats from the Internet. The
Federal Government remains vulnerable to Internet-based
attacks, because government networks often use the same
hardware and software as the rest of the Nation. The Internet's
vulnerabilities stem from its origin and evolution; it is a
cobbled together collection of networks that was not originally
designed to be the communications and commerce medium it is
today. There are no protocols in place necessary to protect the
security of Internet commerce and the structure itself is not
capable of withstanding a major attack. For example, there are
many ways for a thief to steal card numbers, personal
passwords, and many other sensitive data that are commonly
transmitted over the Internet. Cyber predators can even
redirect Internet traffic to pose as one's bank Web site and
gain access to accounts. To ensure that the Internet remains up
and running, while decreasing the risk to national security and
the economy, the actual infrastructure of the Internet must be
repaired and updated. Furthermore, the public needs to be
educated about virus activity, maintaining up-to-date software
patches and firewalls to protect the first line of defense;
their home computers.
b. Witnesses.--Karen Evans, Administrator of the Office of
Electronic Government, OMB; and Dr. F. Thomson Leighton, chief
scientist of Akami Technologies, Inc.
35. ``Implementing the SAFETY Act: Advancing New Technologies for
Homeland Security,'' October 17, 2003; Serial No. 108-96
a. Summary.--The purpose of this hearing was to learn about
the interim final rule promulgated by DHS and whether the rule
mirrors the Congressional intent of the act. The committee
hopes that this open discussion will result in effective
implementation of the act.
b. Witnesses.--Parney Albright, Assistant Secretary for
Plans, Programs and Budgets, Department of Homeland Security;
Harris N. Miller, president of the Information Technology
Association of America; Stan Z. Soloway, president of the
Professional Services Council; and John M. Clerici, esquire, on
behalf of the U.S. Chamber of Commerce.
36. ``Open for Business: Ensuring Employee and Customer Safety at the
Former Brentwood Postal Facility,'' October 23, 2003; Serial
No. 108-107
a. Summary.--This was a follow-up to a hearing held on July
26, 2002 examining the clean-up efforts of the USPS's Brentwood
Processing and Distribution Center. The purpose of the hearing
was to examine the status of efforts to reopen the U.S. Postal
Service's center on Brentwood Road in Washington, DC, which
closed on October 21, 2001 because of anthrax contamination. At
the hearing, views regarding safety issues involved in the
reopening of the building were obtained to ensure that the
facility is clean and to make sure new security measures are
taken to prevent contamination or another bio-terrorist attack.
The decontamination of the Postal and Distribution Center is
the largest biohazard clean up of a building with chloride
dioxide, a corrosive gas.
Congress appropriated $500 million to the U.S. Postal
service to enable it to protect postal employees and customers
from exposure to bio-hazardous material, to sanitize and screen
mail, and to replace and repair facilities destroyed or damaged
as a result of terrorist attacks. The goal of the U.S. Postal
Service is to install equipment capable of detecting a bio-
threat at the point it enters the sorting process and then
immediately sealing off any area where the threat is
identified.
Federal partners have been effectively working to open the
postal facility. The facility has been deemed to be safe and
the U.S. Postal Service will resume operations at the facility.
The committee will continue to monitor the status of the postal
facility.
b. Witnesses.--Bernard L. Ungar, Director of Physical
Infrastructure, GAO; R. Davis Layne, Deputy Assistant Secretary
of Labor for Occupational Safety and Health; Thomas G. Day,
vice president for Engineering, USPS; Jerry Lane, manager of
Capital Metro Operations, USPS; Theodore J. Gordon, senior
deputy director for environmental health science and
regulation, District of Columbia; Richard Collins, assistant to
the national president, National Postal Mail Handlers Union;
and Myke Reid, legislative assistant director of the American
Postal Workers Union, AFL-CIO.
37. ``Serving the Underserved in the 21st Century: The Need for a
Stronger, More Responsive Public Health Service Commissioned
Corps,'' October 30, 2003; Serial No. 108-108
a. Summary.--The purpose of the hearing was to examine the
Department of Health and Human Services [HHS] proposed
transformation of the U.S. Public Health Service's Commissioned
Corps (PHS Commissioned Corps). By exploring the primary
components of the transformation proposal, the hearing allowed
the transformation process to be a more transparent one.
Some of the witnesses expressed concerns about specific
elements of the transformation plan. Although the hearing
allowed for a constructive dialog of those concerns, all
witnesses shared the same goal at the end of the day--a
Commissioned Corps dedicated to, and prepared for, emerging
21st century challenges and needs.
Following the hearing, the committee has worked in a
bipartisan and collaborative manner with HHS to help clarify
certain points of the proposal and modify the draft plan to
address the legitimate concerns raised at the hearing.
b. Witnesses.--Richard H. Carmona, M.D., M.P.H., F.A.C.S.,
Surgeon General, U.S. Public Health Service, HHS; C. Everett
Koop, M.D., Sc.D., Surgeon General, 1981-1989; Julius B.
Richmond, M.D., Surgeon General, 1977-1981; and Captain Gerard
M. Farrell, USN (Retired), Executive Director, Commissioned
Officers Association of the U.S. Public Health Service.
38. ``Knives, Box Cutters, and Bleach: A Review of Passenger Screener
Training, Testing and Supervision,'' November 20, 2003; Serial
No. 108-117
a. Summary.--The purpose of the hearing was to gain insight
on the lessons TSA has learned as a result of the Nat Heatwole
incident and the GAO and IG reviews. In addition, given the
upcoming high-volume travel season, the committee hopes to
discuss how TSA is preparing to process holiday travelers while
ensuring aircraft security and passenger safety.
b. Witnesses.--Mr. Stephen McHale, Deputy Administrator of
the Transportation Security Administration; Ms. Cathleen A.
Berrick, Acting Director for Homeland Security and Justice
Issues, General Accounting Office; Mr. John DeMell, president
of FirstLine Transportation Security; and Mr. James McNeil,
Chief Executive Officer of McNeil Technologies Inc.,
accompanied by Mr. Mike Broida, site manager, Greater Rochester
International Airport.
39. ``Avoiding `Financial Friendly Fire': A Review of Efforts to
Overcome Army National Guard Pay Problems,'' January 28, 2004;
Serial No. 108-131
a. Summary.--This hearing assessed the state of the
Department of Defense's and the Department of the Army's
efforts to correct the current inadequacies in payroll
processes that are negatively affecting Army National Guard
members mobilized on active duty.
b. Witnesses.--Gregory D. Kutz, Director, Financial
Management and Assurance, General Accounting Office; Geoff
Frank, Assistant Director, Financial Management and Assurance,
General Accounting Office; John Ryan, Assistant Director,
Office of Special Investigations, General Accounting Office;
Ernest J. Gregory, Acting Assistant Secretary of the Army,
Financial Management and Comptroller; Patrick R. Shine,
Director, Defense Finance and Accounting Service; Colonel James
L. Leonard, Director, Defense Finance and Accounting Service,
Indianapolis; Lieutenant General Roger C. Shultz, Director,
Army National Guard; Major Kenneth Chavez, Unit Commander, B
Co., 5th Battalion, 19th Special Forces, Colorado Army National
Guard.
40. ``Answering the Administration's Call for Postal Reform--Parts I,
II, and III'' January 28, February 5, and Febaruary 11, 2004;
Serial No. 108-135
a. Summary.--Recognizing the importance of modernizing the
Nation's outdated postal laws, Chairman Davis appointed a
Special Panel on Postal Reform and Oversight, on January 21,
2004. Chaired by Mr. McHugh, with Mr. Danny Davis as its
ranking minority member, the Panel was comprised of 11
committee members and reported directly to Chairman Davis,
making postal reform a full committee priority.
In response to the President's call for postal reform in
December 2003, the Special Panel immediately responded with
three hearings in a 2 week period. On January 28, 2004, the
Panel heard from the Treasury Department, the Postal Service,
the Postal Rate Commission, and the General Accounting Office.
On February 5, 2004, the Panel traveled to Chicago, IL, for a
hearing in which the presidents of all postal unions and
employee groups testified. The Panel held a final hearing on
February 11, 2004 in which nine chief executives of
competitors, commercial and nonprofit mailers, and postal
reliant businesses testified.
All witnesses stated support for the administration's broad
principles on postal reform, and the hearings underscored that
universal postal service is at risk and reform in urgently
needed to minimize the danger of significant taxpayer bailout
or dramatic postal rate increases. As the General Accounting
Office emphasized, the Postal Service's current business model,
formulated as it was in 1970, is no longer sustainable in the
21st century.
b. Witnesses.--January 28, 2004: Brian C. Roseboro, Acting
Undersecretary for Domestic Finance, U.S. Department of the
Treasury; David Fineman, chairman, U.S. Postal Service Board of
Governors; John E. Potter, Postmaster General, U.S. Postal
Service; George A. Omas, chairman, Postal Rate Commission; and
David M. Walker, Comptroller General of the United States.
February 5, 2004: William Burrus, president, American
Postal Workers Union, AFL-CIO; William H. Young, president,
National Association of Letter Carriers; Dale A. Holton,
president, National Rural Letter Carriers'' Association; John
F. Hegarty, national president, National Postal Mail Handlers
Union; Walter M. Olihovik, national president, National
Association of Postmasters of the United States; Steve D.
Lenoir, president, National League of Postmasters; and Vincent
Palladino, president, National Association of Postal
Supervisors.
February 11, 2004: Fredrick W. Smith, chairman, president
and CEO, FedEx Corp.; Ann S. Moore, chairman and CEO, Time,
Inc.; Michael J. Critelli, chairman and CEO, Pitney Bowes,
Inc.; William L. Davis, chairman, president and CEO, R.R.
Donnelley; Nigel Morris, co-founder and vice-chairman, Capital
One; Lester C. Hess, Jr., past national president and chairman
of the Grand Lodge Advisory Committee, Benevolent and
Protective Order of Elks of the United States of America;
Hamilton Davison, president and chief executive officer,
Paramount Cards Inc.; Rebecca Jewett, vice chairman, Norm
Thompson Outfitters, Inc.; and Gary M. Mulloy, chairman and
CEO, ADVO, Inc.
41. ``A Review of This Year's Flu Season: Does Our Public Health System
Need a Shot in the Arm?'' February 12, 2004; Serial No. 108-143
a. Summary.--The 2003-2004 influenza season raised the
urgent question of whether the country is prepared to deal with
a pandemic, be it a naturally occurring pandemic or one that
results from a bioterrorist attack. The purpose of this hearing
was to assess our public health system's response capabilities
at the Federal, State, and local level. The hearing used the
2003-2004 influenza season as a vehicle to review the adequacy
of our public health infrastructure preparedness for an
epidemic of a contagious disease. The committee examined what
actions and planning procedures have been taken at Federal,
State, and local levels to handle the annual influenza season
and other communicable disease outbreaks.
b. Witnesses.--Dr. Julie Gerberding, Director, Centers for
Disease Control and Prevention; Dr. Anthony Fauci, Director,
National Institute for Allergy and Infectious Diseases; Dr.
Robert Stroube, Virginia Health Commissioner, Association of
State and Territorial Health Officials; Ms. Karen N. Miller,
president, National Association of Counties; Ms. Janet
Heinrich, Director, Public Health Issues, U.S. General
Accounting Office; Dr. Shelley A. Hearne, executive director,
Trust for America's Health; Mr. Howard Pien, president and
chief executive officer, Chiron Corp.; Dr. James Young,
president, Research and Development, Medimmune, Inc.
42. ``Will `Networx' Work? A Review of Whether a Centralized Government
Telecom Plan Jibes With an Ever-Evolving Market,'' February 26,
2004; Serial No. 108-149
a. Summary.--The committee conducted an oversight hearing
on the General Services Administration's [GSA] proposed
government-wide voice and data telecommunications program,
Networx. This hearing gave Members an opportunity to gather
information from industry and other stakeholders, including
GSA, and determine whether GSA's proposed acquisition strategy,
contained in its Request for Information, would be effective in
an ever-evolving telecommunications environment.
b. Witnesses.--Stephen Perry, Administrator, U.S. General
Services Administration; Sandra Bates, Commissioner, Federal
Technology Service, U.S. General Services Administration; Linda
Koontz, Director, Information Management Issues, U.S. General
Accounting Office; Mr. Drew Ladner, Chief Information Officer,
U.S. Department of the Treasury; Mel Bryson, Director of
Information Technology, Administrative Office of the U.S.
Courts; Mr. Anthony D'Agata, vice president and general
manager, Government Systems Division, Sprint; Mr. Quinten
Johnson, regional vice president, SBC Federal Solutions; Mr.
Kevin O'Hara, president and chief operating officer, Level 3
Communications LLC; Mr. Jerry Hogge, senior vice president,
Winstar Government Systems, LLC; Mr. David Page, vice
president, Federal systems, BellSouth Business Systems; Mr.
Louis M. Addeo, president, AT&T Government Solutions; Ms.
Shelley Murphy, president, Federal markets, Verizon; Mr. Jerry
A. Edgerton, senior vice president, Government Markets, MCI.
43. ``America's New Welcome Mat: A Look at the Goals and Challenges of
the US-VISIT Program,'' March 4, 2004; Serial No. 108-154
a. Summary.--This hearing continued this committee's
ongoing investigation into the newly implemented entry-exit
tracking program and in the changes made to policies for
issuing visas as a result of the terrorist attacks of September
11, 2001.
b. Witnesses.--Asa Hutchinson, Under Secretary for Border
and Transportation Security, Department of Homeland Security;
Maura Harty, Assistant Secretary for Consular Affairs,
Department of State.
44. ``Public Confidence, Down the Drain: The Federal Role in Ensuring
Safe Drinking Water in the District of Columbia,'' March 5,
2004; Serial No. 108-161
a. Summary.--This oversight hearing reviewed the condition
of lead contamination in the District of Columbia water supply
and examined District and Federal agencies' responsibilities
for drinking water safety in the District of Columbia, as well
as the coordination among responsible agencies. The hearing
also reviewed the effectiveness of applicable regulations in
ensuring the safety of drinking water in the District of
Columbia.
b. Witnesses.--Benjamin H. Grumbles, Acting Assistant
Administrator, Environmental Protection Agency Office of Water;
Donald S. Welch, Regional Administrator, Environmental
Protection Agency Region III; Thomas P. Jacobus, P.E., general
manager, Washington Aqueduct, U.S. Army Corps of Engineers;
Glenn S. Gerstell, chairman, District of Columbia Water and
Sewer Authority; Erik Olson, senior attorney, Natural Resources
Defense Council; Professor Ellen Silbergeld, Johns Hopkins
Bloomberg School of Public Health; and Professor Marc Edwards,
Virginia Polytechnic Institute and State University.
45. ``The Complex Task of Coordinating Contracts Amid Chaos: The
Challenges of Rebuilding a Broken Iraq,'' March 11, 2004;
Serial No. 108-213
a. Summary.--This hearing was the second of four held to
look at U.S. contracting activities in Iraq. Emergency
supplemental appropriations bills for both fiscal year 2003 and
fiscal year 2004 have provided more than $20 billion to rebuild
postwar Iraq. Many Federal departments and agencies have
already awarded or will soon award contracts for the
sustainment and reconstruction efforts. The hearing provided
Members with an understanding of how our acquisition system and
the professionals that run it have responded to the challenges
of contracting in a war zone.
b. Witnesses.--Major General Carl A. Strock, Director of
Civil Works, U.S. Army Corps of Engineers, U.S. Department of
Defense, General Paul J. Kern, Commanding General, U.S. Army
Material Command, U.S. Department of Defense, Major General
Wade H. McManus, Jr. Commanding General, U.S. Army Field
Support Command, U.S. Department of Defense, Mr. Lewis Lucke,
Deputy Assistant Administrator, U.S. Agency for International
Development, Dov S. Zakheim, Under Secretary of Defense--
Comptroller and Chief Financial Officer, U.S. Department of
Defense, William H. Reed, Director, Defense Contract Audit
Agency, U.S. Department of Defense and Rear Admiral David Nash
(Retired) Director, Program Management Office, Coalition
Provisional Authority.
46. ``A Prescription for Safety: The Need for H.R. 3880, the Internet
Pharmacy Consumer Protection Act,'' March 18, 2004; Serial No.
108-169
a. Summary.--This hearing focused on how to curb the
growing sale of prescription drugs over the Internet without a
valid prescription through new legislative means. Prescription
drugs are well regulated in our country, by a system that
includes pre-market approval by the FDA, State licensure of
healthcare practitioners who are allowed to prescribe, and
State oversight of pharmacists and pharmacies. However, as
noted in previous committee hearings and recent media reports,
the Internet creates an easy environment for illegitimate
pharmacy Web sites to bypass traditional regulations and
established safeguards for the sale of prescription drugs.
First, the bill establishes disclosure standards for Internet
pharmacies. These Web sites are required to display certain
identifying information, including the name of the business,
pharmacist, and physician associated with the Web site. Second,
the bill prohibits Internet sites from selling or dispensing
prescription drugs solely on the basis of an online
questionnaire. Online medical evaluations do not meet
reasonable standards of care and create risks for consumers.
And third, the bill provides additional authority for States to
take action against illegal Internet pharmacies. The bill
allows State attorneys general to file an injunction in Federal
court to shut down a rogue site across the country.
b. Witnesses.--William Hubbard, Associate Commissioner for
Policy, Planning, and Legislation, Food and Drug
Administration; Dr. James Thompson, M.D., president and chief
executive officer of the Federation of State Medical Boards;
Dr. Carmen Catizone, executive director of the National
Association of Boards of Pharmacy; Jerry Kilgore, attorney
general of the State of Virginia, National Association of
Attorneys General; Dr. Rebecca J. Patchin, trustee, American
Medical Association; and John M. Rector, senior vice president
of Governmental Affairs and general counsel, National Community
Pharmacists Association.
47. ``The Postal Service in Crisis: A Joint Senate-House Hearing on
Principles for Meaningful Reform,'' March 23, 2004; Serial No.
108-171
a. Summary.--The committee held a joint hearing with the
Senate Committee on Governmental Affairs on the current state
of the U.S. Postal Service, the need for reform, the
recommendations of the President's Commission on the U.S.
Postal Service, and the administration's December 2003 call for
postal reform.
b. Witnesses.--John W. Snow, U.S. Secretary of the
Treasury, accompanied by Brian C. Roseboro, Acting
Undersecretary for Domestic Finance, U.S. Department of the
Treasury; David Fineman, chairman, U.S. Postal Service Board of
Governors; John E. Potter, Postmaster General, U.S. Postal
Service.
48. ``Maintaining a Level Playing Field for D.C. Graduates: Legislation
to Reauthorize the D.C. College Access Act,'' March 25, 2004;
Serial No. 108-172
a. Summary.--The committee held a hearing to discuss H.R.
4012, the reauthorization of the District of Columbia College
Access Reauthorization Act.
b. Witnesses.--Anthony Williams, D.C. Mayor; Kelly
Valentine, acting director, D.C. Tuition Assistance Program;
Argelia Rodriguez, executive director, D.C. College Access
Program; Brian Ford, former DCTAG recipient; Anthony Talley,
director of guidance and counseling, Washington Math and
Science Technology Public Charter High School.
49. ``Can Federal Agencies Function in the Wake of a Disaster? A Status
Report on Federal Agencies' Continuity of Operations Plans,''
April 22, 2004; Serial No. 108-184
a. Summary.--The hearing assessed the development and
execution of continuity of operations [COOP] plans by Federal
agencies and reviewed the Federal Emergency Management Agency's
actions to improve oversight of agency COOP plans, particularly
in view of the lack of uniformity of identification of critical
functions by individual Federal agencies. The hearing also
considered recommendations for improving COOP planning and
implementation.
b. Witnesses.--Linda D. Koontz, Director, Information
Management Issues, General Accounting Office; Michael Brown,
Under Secretary for Emergency Preparedness and Response
Directorate, Department of Homeland Security; and John Kern,
Director of Network Continuity, AT&T.
50. ``Justice for All: A Review of the Operations of the District of
Columbia Superior Court,'' April 23, 2004; Serial No. 108-185
a. Summary.--The committee conducted an oversight hearing
to review the operations and case management of the D.C.
Superior Court, with particular focus on the Family Court and
the Probate Division. The committee's hearing included a review
of (1) how the D.C. Superior Court sets its performance goals
and measures the performance outcomes and (2) the court's
fiscal management and general court operations, including the
clearance of cases, monitoring the judges' caseloads, and the
use of the IJIS system to facilitate access to databases in use
at the court. Additionally, we reviewed the status of the D.C.
Court site plan for Judiciary Square.
b. Witnesses.--Rufus G. King III, chief judge, District of
Columbia Superior Court; Lee F. Satterfield, presiding judge,
Family Court, District of Columbia Superior Court; Jose M.
Lopez, presiding judge, Probate Division, District of Columbia
Superior Court; Cornelia M. Ashby, Director, Education,
Workforce, and Income Security Issues, U.S. General Accounting
Office; Elliott S. Hall, chairman, Council for Court
Excellence; Rhonda Dahlman, esquire, Legal Counsel for the
Elderly, American Association of Retired Persons; Nicholas
Ward, esquire, former chairman, District of Columbia Bar
Association Guardian and Conservator Committee; Michael F.
Curtin, esquire, former Deputy Register of Wills, and member of
the District of Columbia Bar.
51. ``Transforming the National Guard: Resourcing for Readiness,''
April 29, 2004; Serial No. 108-188
a. Summary.--The purpose of the hearing was to examine the
emerging operational roles of the National Guard abroad and at
home, and to measure the level of readiness the Guard possesses
to meet those roles. Highlights included discussions of Federal
statutory changes to Title 32 to reflect Guard operational
missions in homeland defense and homeland security, resulting
in language passed in DOD Authorization Conference on October
8, 2004.
b. Witnesses.--George E. Pataki, Governor of New York; Paul
McHale, Assistant Secretary of Defense for Homeland Defense;
Thomas F. Hall, Assistant Secretary of Defense for Reserve
Affairs; Lieutenant General H. Stephen Blum, Chief, National
Guard Bureau; Major General John A. Love, Special Assistant to
Combatant Commander for National Guard Affairs, U.S. Northern
Command; Janet A. St. Laurent, Director, Defense Capabilities
and Management, General Accounting Office; Lieutenant General
Wayne D. Marty, State Adjutant General of Texas; Major General
Timothy J. Lowenberg, State Adjutant General of Washington;
Major General Bruce Tuxill, State Adjutant General of Maryland.
52. ``Betting on Transparency: Toward Fairness and Integrity in the
Interior Department's Tribal Recognition Process,'' May 5,
2004; Serial No. 108-198
a. Summary.--The hearing assessed the legal sufficiency and
procedural fairness of the American Indian tribal recognition
process administered by the--Interior Department's Bureau of
Indian Affairs [BIA].--The hearing also examined the integrity,
transparency and accountability of BIA tribal recognition
decisions, particularly focusing on recent recognition actions
on acknowledgement petitions filed by the Historical Eastern
Pequot and Schaghticoke tribes in Connecticut. Members also
considered recommendations to improve the BIA recognition
process.
b. Witnesses.--Richard Blumenthal, attorney general, State
of Connecticut; Theresa Rosier, Counselor to the Assistant
Secretary for Indian Affairs, Department of the Interior; Earl
E. Devaney, Inspector General, Department of the Interior; Mark
D. Boughton, mayor, city of Danbury, CT; Rudy Marconi, first
selectman, town of Ridgefield, CT; Nicholas Mullane, first
selectman, town of North Stonington, CT; Marcia Flowers,
chairwoman, tribal council, Eastern Pequot Tribal Nation;
Jeffrey Benedict, Connecticut Alliance Against Casino
Expansion; and Wayne R. Smith, former Deputy Assistant
Secretary for Indian Affairs, Department of the Interior.
53. ``What's the Hold Up? A Review of Security Clearance Backlog and
Reciprocity Issues Plaguing Today's Government and Private
Sector Workforce,'' May 6, 2004; Serial No. 108-199
a. Summary.--This hearing continues the committee's review
of personnel security clearance processing and reciprocity. The
government mechanisms that investigate and adjudicate personnel
security clearances have not kept pace with the necessity to
process security clearance requests for industry personnel
quickly and efficiently. Industry personnel face additional
challenges once they have a security clearance from one agency
but then need to work on a project on behalf of a different
agency. Often agencies do not recognize clearances granted by
their sister agencies, requiring industry personnel to go
through the process yet again.
b. Witnesses.--Gregory C. Wilshusen, Acting Director,
Defense Capabilities and Management, U.S. General Accounting
Office; Stephen C. Benowitz, Associate Director, Division for
Human Resources Products and Services, U.S. Office of Personnel
Management; Heather Anderson, Acting Director of Security,
Office of the Under Secretary of Defense for Intelligence; J.
William Leonard, Director, Information Security Oversight
Office; Sudhakar V. Shenoy, chairman, Northern Virginia
Technology Council; Douglas Wagoner, chairman, Intelligence and
Security Task Group, Information Technology Association of
America; and L. Kenneth Johnson, president, Board of Directors,
Northern Virginia Technology Council.
54. ``Harnessing Science: Advancing Care by Accelerating the Rate of
Cancer Clinical Trial Participation,'' May 13, 2004; Serial No.
108-189
a. Summary.--The purpose of this hearing was to examine the
status of efforts to bring innovative cancer treatments to
public and to discuss how to change the face of cancer into a
more chronic and treatable disease. The hearing considered the
various factors contributing to low accrual of adult patients
in cancer clinical trials and what efforts are being taken to
obtain reasonable participation levels to better provide more
treatment options to cancer patients.
b. Witnesses.--Dr. Michaele Christian, Associate Director,
Division of Cancer Treatment and Diagnosis, Cancer Therapy
Evaluation Program, National Cancer Institute; Dr. Richard
Pazdur, Director, Division of Oncology Drug Products, Center
for Drug Evaluation and Research, Food and Drug Administration;
Dr. Andrew Pecora, chairman and director, the Cancer Center,
Hackensack University Medical Center; Dr. Robert Comis,
president and Chair, Coalition of National Cancer Cooperative
Group; and Ms. Ellen Stovall, president and chief executive
officer, National Coalition for Cancer Survivorship.
55. ``Redundancy and Duplication in Child Welfare Programs: A Case
Study on the Need for Executive Reorganization Authority,'' May
20, 2004; Serial No. 108-200
a. Summary.--The committee held a hearing to identify and
assess the varied Federal programs and agencies involved in
promoting child welfare.
b. Witnesses.--Tom DeLay, Majority Leader; Wade Horn,
Assistant Secretary for Children and Families, HHS; Robert
Flores, Administrator, Office of Juvenile Justice and
Delinquency Prevention, DOJ; Colien Hefferan, Administrator,
Cooperative State Research Education and Extension Service,
Department of Agriculture.
56. ``Thirsty for Results: Lessons Learned from the District of
Columbia's Lead Contamination Experience,'' May 21, 2004;
Serial No. 108-204
a. Summary.--This hearing was a follow-up to the March 5,
2004 hearing on the excessive levels of lead found in the
District of Columbia water supply. This second hearing
addressed the status of the lead problem in the District--its
causes and the governmental responses. The hearing also focused
on whether the existing Safe Drinking Water program is adequate
to assure safe drinking water for the consuming public, both in
the District of Columbia and across the nation, or whether
additional measures, either legislative or regulatory, are
necessary to accomplish that objective. Specifically, the
hearing considered whether the situation in the District of
Columbia is indicative of water systems throughout the country
and whether the experience in the District of Columbia
justifies changes to the Safe Drinking Water Act.
b. Witnesses.--Benjamin H. Grumbles, Acting Assistant
Administrator, Environmental Protection Agency Office of Water;
Donald S. Welch, Regional Administrator, Environmental
Protection Agency Region III; Thomas P. Jacobus, P.E., general
manager, Washington Aqueduct, U.S. Army Corps of Engineers;
Jerry Johnson, general manager, District of Columbia Water and
Sewer Authority; Paul Schwartz, Clean Water Action; Howard
Neukrug, director, Office of Watersheds, Philadelphia Water
Department, on behalf of the American Water Works Association;
Angela Logomasini, director, Risk and Environmental Policy,
Competitive Enterprise Institute; Scott Rubin, attorney-
consultant; and Katherine Funk, District of Columbia resident.
57. ``The Supersizing of Amercia: The Federal Government's Role in
Combating Obesity and Promoting Healthy Living,'' June 3, 2004;
Serial No. 108-201
a. Summary.--America's obesity rates have increased
dramatically over the past two decades. Obesity will soon
surpass smoking as the leading avoidable cause of death among
Americans. In response, the Federal Government has been
recently reexamining many of its health and nutrition policies.
The committee scrutinized several government initiatives and
assessed their impact. Members also heard testimony from
leading private sector diet and nutrition experts to determine
what the government can learn from their approaches.
b. Witnesses.--Lester M. Crawford, Acting Commissioner,
Food and Drug Administration; Lynn Swann, Chair, President's
Council on Physical Fitness and Sports; Eric Hentges, Director,
Center for Nutrition Policy and Promotion, Department of
Agriculture; Arthur Agatston, cardiologist and author, the
South Beach Diet; Stuart Trager, chairman, Atkins Physicians
Council; G. Harvey Anderson, professor, Department of
Nutritional Sciences, University of Toronto; Susan Finn, Chair,
American Council for Fitness and Nutrition; Bruce Silverglade,
Director of Legal Affairs, Center for Science in the Public
Interest.
58. ``Unprecedented Challenges: The Complex Task of Coordinating
Contracts Amid the Chaos and the Rebuilding of Iraq,'' June 15,
2004; Serial No. 108-213
a. Summary.--This hearing was the third of four held to
look at U.S. contracting activities in Iraq. The rebuilding of
Iraq is an enormous task and the challenges the military and
contractors faced in completing their respective missions were
explored through testimony from contracting experts in DOD and
the GAO. The Members heard testimony on additional challenges
and the efforts made to manage, oversee and coordinate
acquisition activities to ensure that taxpayer money is spent
as effectively and efficiently as possible in a difficult
wartime atmosphere.
b. Witnesses.--David M. Walker, Comptroller General of the
United States; William T. Woods, Director, Acquisition, and
Sourcing Management, U.S. General Accounting Office; Neal P.
Curtain, Director, Defense Capabilities and Management, U.S.
General Accounting Office; Lawrence Lanziotta, Acting Under
Secretary of Defense, Comptroller, U.S. Department of Defense;
Deidre Lee, Director, Defense Procurement and Acquisition
Policy, U.S. Department of Defense; Tina Ballard Deputy
Assistant Secretary of the Army, (Policy and Procurement) U.S.
Department of Defense; General Paul J. Kern, Commanding
General, U.S. Army Material Command, U.S. Department of
Defense; Brigadier General Robert Crear, Commanding Commander,
Southwestern Division, U.S. Army Corps of Engineers, U.S.
Department of Defense; William H. Reed, Director, Defense
Contract Audit Agency, U.S. Department of Defense.
59. ``The War Against Drugs and Thugs: A Status Report on Plan Colombia
Successes and Remaining Challenges,'' June 17, 2004; Serial No.
108-214
a. Summary.--The committee conducted an oversight hearing
on Plan Colombia, an important component of U.S. foreign and
counternarcotics policy. The hearing examined the U.S.
Government's support and contributions to the progress being
made in Colombia in fighting drug trafficking and international
crime, and in improving economic and social conditions.
Witnesses at the hearing provided an update on the current
status of U.S.-Colombian programs, progress that has been made
in recent years, and an assessment of remaining challenges in
the war against narcoterrorism.
b. Witnesses.--John P. Walters, Director, Office of
National Drug Control Policy; Ambassador Luis Alberto Moreno,
Ambassador to the U.S., Republic of Colombia; Roger F. Noriega,
Assistant Secretary for Western Hemisphere Affairs, Department
of State; Robert B. Charles, Assistant Secretary for
International Narcotics and Law Enforcement Affairs, Department
of State; Thomas W. O'Connell, Assistant Secretary for Special
Operations and Low-intensity Conflict, Department of Defense;
Genera James T. Hill, Commander, U.S. Southern Command; Karen
P. Tandy, Administrator, Drug Enforcement Administration; and
Mr. Carlos Ploter, former Political Commandante, Revolutionary
Armed Forces of Colombia [FARC].
60. ``Common Sense Justice for the Nation's Capital: An Examination of
Proposals to Give D.C. Residents Direct Representation,'' June
23, 2004; Serial No. 108-218
a. Summary.--This hearing examined the four legislative
remedies addressing the District's lack of congressional
representation offered during the 108th Congress;
Representative Norton's H.R. 1285, Representative Rohrabacher's
H.R. 3709, Representative Regula's H.R. 381, and Chairman
Davis' H.R. 4640.
b. Witnesses.--Representative Ralph Regula; Representative
Dana Rohrabacher; Anthony A. Williams, Mayor of the District of
Columbia; Linda W. Cropp, chairman, Council of the District of
Columbia; Wade Henderson, executive director, Leadership
Conference on Civil Rights; Kenneth Starr, former solicitor
general of the United States and former judge, U.S. Court of
Appeals for the District of Columbia Circuit; Ilir Zherka,
executive director, DC Vote; Walter Smith, executive director,
the DC Appleseed Center for Law and Justice; Betsy W. Werronen,
chairman, District of Columbia Republican Committee; and Ted
Trabue, Greater Washington Board of Trade.
61. ``Target Washington: Coordinating Federal Homeland Security Efforts
with Local Jurisdictions in the National Capital Region,'' June
24, 2004; Serial No. 108-190
a. Summary.--This hearing was the committee's third in our
series examining the state of emergency preparedness in the
National Capital Region. The hearing investigated the findings
of a GAO report, conducted at the committee's request, which
examined the budgets and spending plans of the Office of
National Capital Region Coordination [ONCRC] and local
jurisdictions to assess if the region is sufficiently funded
and whether the funds are being used effectively and
efficiently. In addition, the hearing provided Members an
opportunity to discuss the need for better coordination and
planning in the allocation of Federal homeland security
funding.
b. Witnesses.--Thomas Lockwood, Director, Office of
National Capital Region Coordination, U.S. Department of
Homeland Security; William O. Jenkins, Jr., Director, Homeland
Security, U.S. General Accounting Office; George Foresman,
assistant to the Governor for Commonwealth Preparedness,
Commonwealth of Virginia; Dennis Schrader, director, Office of
Homeland Security, State of Maryland; Barbara Childs-Pair,
director, D.C. Emergency Management Agency, District of
Columbia; Anthony H. Griffin, county executive, Fairfax County,
VA; Mary Beth Michos, fire chief, Prince William County, VA;
James H. Schwartz, director of emergency management, Arlington
County, VA; Jacqueline F. Brown, chief administrative officer,
Prince George's County, MD.
62. ``Beneficial or Critical: The Heightened Need for Telework
Opportunities in the Post-9/11 World,'' July 8, 2004; Serial
No. 108-210
a. Summary.--This hearing assessed the status of
telecommuting within the Federal workforce almost 4 years after
the enactment of Section 359 of Public Law 106-346 (Public Law
106-346), which requires 100 percent of eligible Federal
teleworkers to be teleworking by April 2005. The hearing
provided Members an opportunity to voice concerns about
cultural hindrances, which appear to be the greatest barrier to
implementation of telework in the Federal Government. Telework
has gained greater attention over the last decade in both the
public and private sectors as a human capital flexibility that
offers many potential benefits to employers, employees, and
society. In addition, the omnipresent threat of terrorist
attacks on U.S. soil since September 11, 2001 makes the need
urgent to implement effective telework programs in all areas of
the Federal Government. The committee intended to ascertain
what OPM, GSA, and the Congress must do to compel agencies to
allow more employees to telework on a more frequent basis.
b. Witnesses.--Kay Coles James, Director of Office of
Personnel Management; Stephen Perry, Administrator of General
Services Administration; Pamela Gardiner, Acting Inspector
General for Tax Administration of the Department of Treasury;
Kathleen Wheeler, Deputy Chief Human Capital Officer of the
Office of Policy, Management and Budget at the Department of
Interior; J. Christopher Mihm, Director for Strategic Issues at
the Government Accountability Office; James Kane, president and
chief executive officer of Software Productivity Consortium;
Steve DuMont, vice president of Internet Business Solutions
Group for Cisco Systems; Eric Richert, vice president for iWork
Solutions Group, Sun Microsystems; and Carol Goldberg, former
telework program manager of Fairfax County (VA) Government.
63. ``A Review of USDA's Expanded BSE Cattle Surveillance Program,''
July 14, 2004; Serial No. 108-219
a. Summary.--This hearing was held jointly with the
Committee on Agriculture. It examined the then recently
implemented USDA expanded BSE surveillance plan and USDA's
efforts to detect the prevalence of BSE in the U.S. cattle
population. The hearing was the culmination of an almost 7
month investigation conducted by the committee on the discovery
of a single cow with BSE in Washington State and the actions
taken by USDA upon the discovery of the BSE-infected cow.
b. Witnesses.--Ann Veneman, Secretary, Department of
Agriculture, accompanied by Dr. Ron DeHaven, Administrator,
Animal and Plant Health Inspection Service, Department of
Agriculture and Dr. Keith Collins, Chief Economist, Department
of Agriculture; Phyllis K. Fong, Inspector General, Department
of Agriculture, accompanied by Marlane Evans, Deputy Assistant
Inspector General for Audit, Department of Agriculture and Mark
Woods, Assistant Inspector General for Investigations,
Department of Agriculture; Dr. Gary M. Weber, executive
director, Regulatory Affairs, National Cattlemen's Beef
Association; Jim Hodges, president, American Meat Institute
Foundation; Dr. George M. Gray, executive director, Harvard
Center for Risk Analysis; and Dr. Peter G. Lurie, deputy
director, Public Citizen's Health Research Group.
64. ``Unprecedented Challenges: The Complex Task of Coordinating
Contracts Amid the Chaos and the Rebuilding of Iraq,'' July 22,
2004; Serial No. 108-213
a. Summary.--This hearing was the final in a series held to
look at U.S. contracting activities in Iraq. Because of the
national attention of the rebuilding efforts in Iraq, the
committee decided to hold a hearing on so called whistleblower
accusations as it pertained to waste and abuse. The committees
main interest was to determine if there was systematic cheating
of U.S. taxpayers or if accusations were well intended but off
the mark because of the complexity of the situation and the
difficulties understanding the whole picture surrounding the
contracting activities. The committee also heard from
representatives of the primary contractor in Iraq, Kellogg,
Brown and Root as well as an acquisition expert.
b. Witnesses.--James Warren, former truck driver, Kellogg
Brown and Root Corp.; David Wilson, former truck driver,
Kellogg Brown and Root Corp.; Marie deYoung, former logistics
specialist Kellogg Brown and Root Corp.; Alfred Neffgen, chief
operation officer, Kellogg Brown and Root Corp. Government
Operations, Americas Region; William Walter, director of
government compliance, Kellogg Brown and Root Corp., Government
Operations; Charles ``Stoney'' Cox, vice president and past
restore Iraqi Oil [RIO] project director, Kellogg Brown and
Root Corp., Government; Keith Richard, regional project
manager, Theater Transportation Mission, LOGCAP III, Kellogg
Brown and Root Corp., Government Operations; and Dr. Steven
Kelman, Weatherhead professor of public management, Harvard
Kennedy School of Government and former Director of the Office
of Federal Procurement Policy, under the Clinton
administration.
65. ``Moving from `Need to Know' to `Need to Share': A Review of the 9/
11 Commission's Recommendations,'' August 3, 2004; Serial No.
108-217
a. Summary.--The committee held a hearing to discuss and
evaluate the findings of the 9/11 Commission Report.
b. Witnesses.--Bob Kerrey, 9/11 Commission; John Lehman, 9/
11 Commission; Beverly Eckert, 9/11 victim family member; Sally
Regenhard, 9/11 victim family member; Robin Weiner, 9/11 victim
family member; David Walker, GAO Comptroller; Paul Light,
director, Center for Public Service, the Brookings Institution;
Dan Duff, VP of government affairs, APTA; Bob Collett, VP for
engineering, AT&T; John McCarthy, executive director, Critical
Infrastructure Protection Project; Jim Dempsey, executive
director, Center for Democracy and Technology.
66. ``A Model for Success? Monitoring, Measuring and Managing the
Health of the Chesapeake Bay,'' August 20, 2004; Serial No.
108-221
a. Summary.--This field hearing sought to determine the
overall progress made in addressing the problem facing the
Chesapeake Bay. It also responded to specific concerns raised
by contemporary news reports that the Chesapeake Bay Program,
the agency charged with cleaning up the bay, was exaggerating
its progress.
b. Witnesses.--Rebecca W. Hanmer, director, Chesapeake Bay
Program; W. Tayloe Murphy, Jr., secretary of natural resources,
Commonwealth of Virginia; Lowell H. Bahner, director,
Chesapeake Bay Office, National Oceanic and Atmospheric
Administration; Scott W. Phillips, Chesapeake Bay coordinator,
U.S. Geological Survey; Ann Pesiri Swanson, executive director,
Chesapeake Bay Commission; Theresa Pierno, vice president for
environmental protection and restoration, Chesapeake Bay
Foundation; Dr. Donald F. Boesch, president, University of
Maryland Center for Environmental Science; Dr. Linda C.
Schaffner, associate professor, Virginia Institute of Marine
Science; Dr. Eileen E. Hofmann, professor, Department of Ocean,
Earth and Atmospheric Sciences, Old Dominion University;
Frances W. Porter, executive director, Virginia Seafood
Council; Mark Wallace, member, Easter Shore Waterman's
Association.
67. ``Creating Secure Borders and Open Doors: A Review of DHS-State
Collaboration on U.S. Visa Policy,'' September 9, 2004; Serial
No. 108-240
a. Summary.--This oversight hearing reviewed the
collaboration between the Department of Homeland Security and
the Department of State with regard to formulating and
implementing visa policy. The hearing covered improvements in
Security Advisory Opinion processes and information sharing as
well as challenges facing the Visa Security Officer program and
the efficient utilization of biometric databases in making visa
adjudications. In addition, the hearing provided Members the
opportunity to voice their concerns about delays in granting
visas for business and tourist visitors as well as students and
scientists.
b. Witnesses.--C. Stewart Verdery, Jr., Assistant Secretary
for Border and Transportation Security Policy and Planning,
Department of Homeland Security; Janice Jacobs, Deputy
Assistant Secretary for Visa Services, Department of State;
Clark Kent Ervin, Inspector General, Department of Homeland
Security; and Jacquelyn L. Williams-Bridgers, Managing
Director, International Affairs & Trade Team, Government
Accountability Office.
68. ``Making Networx Work: An Examination of GSA's Continuing Efforts
to Create a Modern, Flexible and Affordable Government-wide
Telecommunications Program,'' September 15, 2004; Serial No.
108-223
a. Summary.--The committee conducted a second oversight
hearing on the General Services Administration's [GSA] proposed
government-wide voice and data telecommunications program,
Networx. Following the first hearing, GSA revised its strategy
in response to comments from industry, agency customers, and
this committee. Members had the opportunity to ask questions on
these changes in strategy and determine whether the changes
would prove effective in a dynamic telecommunications
environment.
b. Witnesses.--Sandra Bates, Commissioner, Federal
Technology Service, U.S. General Services Administration; Linda
Koontz, Director, Information Management Issues, U.S.
Government Accountability Office; Don Scott, senior vice-
president, EDS U.S. Government Solutions; Jerry Hogge, senior
vice president, Level 3 Communications LLC; Robert Collet, vice
president, Engineering, AT&T Government Solutions; Shelly
Murphy, president, Federal Markets, Verizon; Jerry A. Edgerton,
senior vice president, Government Markets, MCI.
69. ``Intellectual Property Piracy: Are We Doing Enough to Protect U.S.
Innovation Abroad?'' September 23, 2004; Serial No. 108-225
a. Summary.--The hearing explored intellectual property
rights and the effectiveness of government and private sector
efforts to protect U.S. interests from piracy abroad. The
hearing focused on the rampant counterfeiting and piracy in
foreign countries of software, movies, music, and designs for
consumer and industrial products that are protected by U.S.
intellectual property laws.
b. Witnesses.--Congressman Rob Simmons, Connecticut; Loren
Yager, Director, International Affairs and Trade, Government
Accountability Office; Joe Papovich, senior vice president,
International Recording Industry Association of America; John
Malcolm, senior vice president for Worldwide Anti-piracy,
Motion Picture Association of America; and Robert Cresanti,
vice president for public policy, Business Software Alliance.
70. ``The Nation's Flu Shot Shortage: How it Happened and Where We Go
From Here?'' October 8, 2004; Serial No. 108-231
a. Summary.--The committee conducted an oversight hearing
regarding developments concerning the U.S. influenza vaccine
supply. The hearing examined the contributing factors that led
to the influenza vaccine shortage, the public health
implications of the vaccine shortage, and the U.S. Government
and vaccine manufacturer's plan to address this problem.
Preparing for the annual flu season highlights the importance
of strong cooperation between different health agencies and
private sector companies at all levels. However, this year's
vaccine shortage starkly underscores the need to ensure that
adequate production capabilities exist. Witnesses discussed
factors contributing to the 2004 flu vaccine shortage, how the
government and vaccine manufacturers will respond to and manage
this crisis, and the steps that must be taken to be prepared
for next year's flu season.
b. Witnesses.--Dr. Julie L. Gerberding, Director, Centers
for Disease Control and Prevention; Dr. Anthony S. Fauci,
Director, National Institute of Allergy and Infectious
Diseases; Dr. Lester M. Crawford, Acting Commissioner, Food and
Drug Administration; Christine Grant, vice president for Public
Policy and Government Affairs, Aventis Pasteur, Inc.; Dr. James
Young, president, Research and Development, Medimmune, Inc.;
and Dr. Robert Stroube, State health commissioner, Virginia
Department of Health.
71. ``The Nation's Flu Shot Shortage: Where Are We Today and How
Prepared Are We for Tomorrow?'' November 17, 2004; Serial No.
108-246
a. Summary.--The committee conducted a second oversight
hearing regarding the U.S. influenza vaccine supply. This
hearing was held in conjunction with the committee's ongoing
investigation into the influenza vaccine shortage. The hearing
examined the Federal Government's response to the vaccine
shortage, how U.S. public health officials are coordinating
with vaccine manufacturers to locate and adequately distribute
available influenza vaccine to high risk populations, what
steps are being taken in preparation for next year's influenza
season, and what incentives can be provided to manufacturers to
ensure a stable annual influenza vaccine supply.
b. Witnesses.--Dr. Julie L. Gerberding, Director, Centers
for Disease Control and Prevention; Dr. Anthony S. Fauci,
Director, National Institute of Allergy and Infectious
Diseases; Dr. Lester M. Crawford, Acting Commissioner, Food and
Drug Administration; Howard Pien, president, CEO, and chairman
of the Board, Chiron Corp.; Kathleen Coelingh, senior director,
regulatory and scientific affairs, Medimmune, Inc.; Dr. Robert
Stroube, Virginia State health commissioner, Association of
State and Territorial Health Officials; and Dr. Jerome Klein,
professor of pediatrics, Boston University School of Medicine.
72. ``Stalking a Furtive Killer: A Review of the Federal Government's
Efforts to Combat Hepatitis C,'' December 14, 2004; Serial No.
108-275
a. Summary.--The committee conducted an oversight hearing
on the significant public health threat posed by hepatitis C.
In 1998, the committee held a hearing on the need to improve
the Nation's response to hepatitis C. At that hearing, several
specific points of action were recommended. The December 14,
2004 hearing examined what progress has been made in responding
to the hepatitis C epidemic and identified areas for
improvement.
b. Witnesses.--Dr. Rima Khabbaz, M.D., Associate Director
of Epidemiologic Science, National Center for Infectious
Diseases, Centers for Disease Control and Prevention; Dr. Jay
Hoofnagle, M.D., Liver Disease Research Branch, Division of
Digestive Diseases and Nutrition, National Institute of
Diabetes and Digestive Kidney Diseases, National Institutes of
Health; Dr. Lawrence Deyton, MSPH, M.D., Chief Consultant,
Public Health Strategic Healthcare Group, Department of
Veterans Affairs; Dr. Michael Rudman, founder, Frederick County
Hepatitis Clinic, Inc.; Ann Jesse, founding executive director,
Hep C Connection; Captain John Niemiec, first vice president,
Fairfax County Professional Fire Fighters and Paramedics; and
Erika Stein, Robinson Secondary School DECA student.
II. Full Committee Business Meetings
February 13, 2003--Organizational Meeting: Approved
committee rules, established subcommittees, oversight plans,
and the committee's budget views and estimates, all by voice
vote.
March 6, 2003--Approved H.R. 735 as amended by voice vote.
March 20, 2003--Approved H.R. 1346 as amended by voice
vote.
March 27, 2003--Approved Recommendations to the House
regarding Oversight Plans for all House Committees by voice
vote.
April 9, 2003--Approved Immunity Vote for William Bulger
and Francis Salemme by roll call votes.
May 7, 2003--Approved H.R. 1836 as amended by roll call
vote and H.R. 1837 as amended by roll call vote.
May 22, 2003--Approved H.R. 2122 as amended, H.R. 2087 as
amended, H. Con. Res. 162, H.R. 1465, H.R. 1610, H.R. 2030, H.
Res. 159, and H. Res. 195 all by voice vote.
June 5, 2003--Approved H.R. 2086 as amended by voice vote
and S. 858 by voice vote.
June 19, 2003--Approved ``A Citizen's Guide on Using the
Freedom of Information Act and the Privacy Act of 1974 to
Request Government Records,'' H.R. 1761, H.R. 2249, H.R. 2328,
H.R. 2396, H. Con. Res. 6, H. Con. Res 208 and H. Res. 240 all
by voice vote.
July 10, 2003--Approved H. Res. 303, S. 867, H.R. 2438, and
H. Con. Res. 230 all by unanimous consent. Also, H.R. 2556, as
amended by roll call vote.
July 17, 2003--Approved H.R. 2548 as amended by voice vote
and H.R. 2746 by voice vote.
July 24, 2003--Approved H.R. 2309, H. Con. Res. 235 and H.
Res. 315 all by voice vote.
September 12, 2003--Approved H.R. 1882, H.R. 1883, H.R.
2452, H.R. 2826, H. Con. Res. 71, H. Con. Res. 262, H. Res.
262, H. Res. 306 and H. Res. 352 all by unanimous consent.
September 18, 2003--Approved H.R. 2075, H.R. 2533, H.R.
3011 H.R. 3068, H. Con. Res. 106, H. Con. Res. 176, H. Con.
Res. 270 and H. Res. 357 all by unanimous consent.
September 25, 2003--Approved H. Con. Res. 273 by unanimous
consent and H.R. 1151, H.R. 1231, H.R. 3054, and H.R. 3159 all
by voice vote.
October 2, 2003--Approved H.J. Res. 70 and H. Con. Res. 264
both by unanimous consent.
October 8, 2003--Approved H.R. 2744, H.R. 3166, H.R. 3175,
H.R. 3185 and S. 1591 all by unanimous consent.
November 6, 2003--Approved H.R. 2130, H.R. 3300, H.R. 3353,
H. Con. Res. 69, H. Con. Res. 299, H. Con. Res. 313, H. Res.
274, H. Res. 373 as amended, S. 1590 and S. 1718 all by
unanimous consent. Also, the committee approved H.R. 2751 as
amended and H.R. 2886 as amended by voice vote.
November 20, 2003--Approved H.R. 3478 by voice vote and two
reports: ``Everything Secret Degenerates: The FBI's Use of
Murderers as Informants,'' and ``Efforts to Rightsize the U.S.
Presence Abroad Lack Urgency and,''Momentum both by voice vote.
February 12, 2004--Approved H.R. 3536, H.R. 3537, H.R.
3538, H.R. 3690, H.R. 3769, H. Con. Res. 287, H. Res. 392, H.
Res. 439 and H. Res. 519 all by unanimous consent. Also,
Salemme transcript released to public by unanimous consent.
February 26, 2004--Approved H.R. 3733, H. Con. Res. 328, as
amended, H. Res. 433, H. Res. 475 and H.J. Res. 87 all by
unanimous consent. Also, committee budget views and estimates
by voice vote and H.R. 3797 by voice vote.
March 4, 2004--Approved H.R. 3059, H.R. 3723 and H.R. 3855
all by unanimous consent.
March 18, 2004--Approved the Resolution on subcommittee
assignments by unanimous consent and H.R. 3917 by unanimous
consent.
April 1, 2004--Approved H.R. 4012, H.R. 3751 as amended,
H.R. 3737 as amended all by voice vote. Also, the committee
approved H.R. 1822, H.R. 3939, H.R. 3942, H.R. 4037, H. Res.
399, H. Res. 578, and S. Con. Res. 97, all by unanimous
consent.
May 6, 2004--Approved H.R. 3740, H.R. 4176, H. Con. Res.
295, H. Res. 613 and H. Res. 622 all by unanimous consent.
Also, the committee approved H.R. 4259 by voice vote.
May 12, 2004--Approved H. Res. 612 as amended by unanimous
consent. Also, H.R. 4302 and H.R. 2432 as amended both by voice
vote. H.R. 4341 was approved by a roll call vote.
June 3, 2004--Approved H.R. 3826 as amended by voice vote
and H.R. 4222, H. Con. Res. 257 and H. Res. 653 all by
unanimous consent.
June 23, 2004--Approved consulting contract by voice vote.
June 24, 2004--Approved S. 129 as amended by voice vote and
H.R. 3340, H.R. 4327 and H.R. 4427 all by unanimous consent.
July 8, 2004--Approved H.R. 4380, H.R. 4381, H.R. 4442 H.
Res. 646, H. Res. 684 and H. Res. 702 all by unanimous consent.
July 21, 2004--Approved minority subcommittee assignments
for Ms. McCollum, H.R. 4556, H.R. 4618, H.R. 4632, H. Res. 695,
H. Res. 717 and S. 2415 all by unanimous consent. H.R. 4324 and
H.R. 4657 by voice vote. Also, H.R. 2449 as amended and H.R.
2528 as amended by voice vote.
September 15, 2004--Approved H.R. 480, H.R. 4046, H.R.
4807, H.R. 4847, H.R. 4968, H.R. 5027, H.R. 5039, H. Con. Res.
461, H. Con. Res. 464, H. Con. Res. 489, H. Res. 641, H.
Res.761 and H. Res. 772 all by unanimous consent. Also, the
committee approved the minority-consulting contract by voice
vote.
September 29, 2004--Approved H.R. 3281 as amended by voice
vote and H.R. 10 as amended by voice vote.
PART FOUR. SUBCOMMITTEE ACCOMPLISHMENTS
SUBCOMMITTEE ON CIVIL SERVICE AND AGENCY ORGANIZATION
Legislation
1. H.R. 978, To amend chapter 84 of title 5, United States Code, to
provide that certain Federal annuity computations are adjusted
by 1 percentage point relating to periods of receiving
disability payments, and for other purposes
Inspired by the saga of Louise Kurtz, a Stafford County,
VA, woman who was severely injured in the terrorist attack
against the Pentagon, this law applies to Federal Employees
Retirement System employees who are disabled for more than 2
months and later return to Federal service. While disabled,
employees are unable to contribute to their Thrift Savings Plan
accounts or to Social Security--which represent a substantial
portion of a FERS employee's pension upon retirement. This law
makes up for that shortfall by doubling an employee's defined
benefit under FERS--which is usually calculated at 1 percent
per year of service--for the duration of the disability,
thereby increasing the employee's Government-funded slice of
his or her pension to the same degree that the employee-funded
portions were affected. Passed the Congress on September 11,
2003, and became Public Law 108-92 on October 3, 2003.
2. H.R. 1151, To provide that transit pass transportation fringe
benefits be made available to all qualified Federal employees
in the National Capital Region; to allow passenger carriers
which are owned or leased by the Government to be used to
transport Government employees between their place of
employment and mass transit facilities, and for other purposes
This legislation, sponsored by Representative Jim Moran (D-
VA) requires that mass transit fringe benefits be made
available to all eligible employees in the National Capital
Region. A Clinton-era Executive order authorized agencies in
and around the Capital to offer transit benefits to their
employees, but not all Federal agencies in the Washington, DC,
area have implemented transit benefit programs yet. The second
part of this legislation would permit Federal agencies to use
Government vehicles to transport employees to and from subway,
bus and other mass-transit facilities--something they are not
allowed to do under current law. The subcommittee marked up
this legislation on July 16th, and the full committee ordered
it reported on September 25th.
3. H.R. 1231, To amend the Internal Revenue Code of 1986 to allow
Federal civilian and military retirees to pay health insurance
premiums on a pretax basis and to allow a deduction for TRICARE
supplemental premiums
Government Reform Committee Chairman Tom Davis introduced
this bill, which would extend premium conversion (the ability
to pay health care premiums with pre-tax money) to Federal and
military retirees and to allow active duty military personnel
to take a below-the-line income tax deduction to pay for
TRICARE supplemental premiums. The subcommittee held a hearing
on this long-standing proposal--the first congressional hearing
on the issue since it was first proposed four years earlier--
and marked up the legislation on July 16th, and the full
committee ordered it reported out on September 25th. However,
H.R. 1231 was also referred to the House Ways and Means and
House Armed Services committees, where no action was taken.
4. H.R. 1588 (H.R. 1836), National Defense Authorization Act for Fiscal
Year 2004
Included in the Department of Defense authorization
proposal in 2003 was a new authority to create the National
Security Personnel System. Generally modeled after the
management flexibilities granted to the Department of Homeland
Security upon its creation in 2002, the NSPS authorization
allows the Department to create a pay-for-performance system
for all 700,000 civilian employees, establish a new employees
appeals process, streamline the collective bargaining process,
employ retirees with no reduction in either their salary or
their Civil Service pension, and hire outside experts without
review from the Office of Personnel Management. The legislation
also includes a provision raising the pay cap for Senior
Executive Service employees, who are the Government's senior
managers and leaders. Passed the Congress on November 12, 2003,
and became Public Law 108-136 on November 24, 2003.
5. H.R. 1602, Senior Executive Service Reform Act of 2003
The key objective of this bill was to raise the cap of
Senior Executive Service pay from executive level III to
executive level II. This proposal was incorporated into H.R.
1588. (See discussion of H.R. 3737, below.)
6. H.R. 1603, Presidential Appointments Improvement Act of 2003
This proposal would amend the Ethics in Government Act of
1978 (5 U.S.C. App.) to streamline the financial disclosure
process for executive branch employees. The financial
disclosure reporting requirements would be streamlined by
reducing the amount of detail a high-level executive branch
nominee or employee must report. The proposal provides a newly
elected President the ability to submit all nominations to the
Senate for all Presidential appointments as expeditiously as
possible after taking office. The bill also requires agencies
to examine, with an eye to reducing, the number of Presidential
appointed positions given that part of the reason for lengthy
delays is the dramatic increase in the number of political
appointees in the executive branch--a reported rise from 451 in
1960 to 3,361 in 2000.
7. H.R. 2743, the Government Accountability and Streamlining Act of
2003
This proposal sought to prevent the creation of redundant
Government programs. The proposal would have required the
Comptroller General of the United States to determine whether
any proposed legislation in the House or Senate creates any new
``Federal entities, programs or functions'' that are
duplicative of any existing Federal program. Under the
proposal, the Comptroller General would prepare statements for
bills approved by any committee or subcommittee of the House or
Senate--similar to how the Congressional Budget Office
``scores'' a bill to determine its budgetary impact prior to
consideration on the House or Senate floor.
8. H.R. 2751, GAO Human Capital Reform Act of 2004
This legislation gives the GAO additional management
flexibilities, such as: giving the Comptroller General and GAO
managers more authority to reward employees for good work,
while also removing the guarantee of annual pay raises for
employees who do not reach minimum performance standards;
making permanent the GAO's early retirement and buyout
authority; allowing the Comptroller General to increase annual
leave benefits for employees with less than 3 years experience;
expanding GAO's ability to reimburse employees for some
relocation expenses; and authorizing an employee exchange
program with the private sector. The legislation also changes
the name of the organization from the General Accounting Office
to the Government Accountability Office, which better reflects
the agency's modern-day mission. Passed the Congress on June
24, 2004, and became Public Law 108-271 on July 7, 2004.
9. H.R. 3205, Federal Law Enforcement Pay and Benefits Parity Act of
2003
Several pieces of legislation (H.R. 466; H.R. 1676; H.R.
2260; H.R. 2442 among them) were introduced in the House to
deal with the issue of law enforcement compensation. Many
Federal law enforcement officers believe they are grossly
underpaid, in comparison to their State and local colleagues,
and believe that this disparity is not only hurting recruitment
efforts but also forcing current officers to consider leaving
Federal service. In addition, many other Federal employees who
work in or with law enforcement agencies but who are not
classified as ``law enforcement officers'' (LEOs, as they are
commonly known, receive enhanced retirement benefits) believe
they are wrongly excluded from that designation.
Chairwoman Jo Ann Davis, together with the Subcommittee on
Criminal Justice, Drug Policy and Human Resources, held a July
23, 2003, hearing to examine this issue, and subcommittee staff
traveled to California to meet with dozens of law enforcement
agents (both with and without the ``LEO'' designation) who work
in high-cost areas, such as Los Angeles, San Diego and San
Francisco. These meetings included FBI, Immigration and
Customs, and Border Patrol employees, among others. Following
the hearing, Chairwoman Davis concluded that this issue needed
further study. As a result, she and Senator Voinovich
introduced companion pieces of legislation requiring the Office
of Personnel Management to study the issue of law enforcement
compensation. Senator Voinovich's bill, S. 1683, passed the
Congress on December 8, 2003 and became Public Law 108-196 on
December 19, 2003.
In response, OPM issued a report on July 15, 2004,
entitled, ``Federal Law Enforcement Pay and Benefits,''
detailing three critical areas in need of reform: (1)
retirement benefits, (2) classification and basic pay, and (3)
premium pay. OPM took the position that Congress should enact
legislation authorizing the Office of Personnel Management to
issue regulations that would eliminate unwarranted disparities
in these areas while providing appropriate pay and benefits for
employees in law enforcement occupations. While stakeholder
groups testifying at the hearing objected to this approach, the
subcommittee staff is committed to working with OPM and
stakeholder groups to find a solution that can be introduced as
legislation in the 109th Congress.
10. H.R. 3737, Pay Compression Relief Act of 2004
This legislation addressed the problem of pay compression
affecting groups of employees whose pay is capped at executive
level III, and who were not addressed when Congress enacted
Senior Executive Service pay reform legislation in H.R. 1588.
H.R. 3737 would raise the current cap on pay that results in
pay compression of pay rates of higher-level administrative law
judges, members of contract appeals boards, and certain senior
level employees outside the Senior Executive Service. The rates
of basic pay for these employees would be set administratively,
subject to a new, higher limit set in law, thus allowing the
establishment of salaries that reflect differences in position
responsibility. The subcommittee held a hearing on H.R. 3737 on
February 10, 2004, and marked up the bill on March 17; the
Government Reform Committee marked up the bill and ordered it
reported as amended to the House of Representatives on April 1.
11. H.R. 3751, to require that the Office of Personnel Management study
current practices under which dental, vision, and hearing
benefits are made available to Federal employees, annuitants,
and other classes of individuals, and to require that the
Office also present options and recommendations relating to how
additional dental, vision, and hearing benefits could be made
so available
This legislation focused on the pressing need of the
Government to determine the best way to make available dental
and vision insurance to Federal employees and retirees,
including qualified relatives and other appropriate classes of
individuals. The bill would have begun a collaborative process
by which Congress and the Office of Personnel Management can
develop a solution to the meager dental and vision benefits
currently available through the Federal Employees Health
Benefits Program. H.R. 3751 required OPM to study and evaluate
options under which dental and vision benefits could be made
available to Federal employees--either as part of the existing
FEHBP plans, as a stand-alone option, or as a hybrid of the
two. The legislation allowed OPM to assess whether the benefits
should be contracted for on a regional or national basis and
whether any regular Government contributions or allocation for
start-up costs might be necessary or appropriate. The
legislation establishes a June 30, 2004 deadline for the Office
of Personnel Management to report its analysis to Congress.
The subcommittee held a hearing on the bill on February 24,
2004, and marked up the bill on March 17; the Government Reform
Committee approved the bill and ordered it reported as amended
on April 1 to the House of Representatives, where it was passed
on June 21. The Senate took no action on H.R. 3751. However, S.
2657, the ``Federal Employee Dental and Vision Benefits
Enhancement Act of 2004,'' and a companion bill in the House
(H.R. 4844), introduced on July 14 and 15, 2004, respectively,
would authorize OPM to establish dental and vision insurance
coverage programs for Federal employees. S. 2657, introduced by
Senator Susan Collins, was approved by the Senate Governmental
Affairs Committee on October 8. A related bill, H.R. 5295,
which would similarly authorize OPM and also require a study
concerning the provision of hearing insurance coverage, was
introduced by Representative Tim Murphy of the subcommittee,
and this legislation passed the House of Representatives on
October 8. S. 2657 passed the Congress on December 6, 2004, and
is likely to be signed into law by the President.
12. H.R. 4324, to amend title 5, United States Code, to eliminate the
provisions limiting certain election opportunities available to
individuals participating in the Thrift Savings Plan, and for
other purposes
This legislation would amend the law governing the Thrift
Savings Plan to allow plan participants to elect or modify
their contributions in any pay period rather than being
restricted to open season periods. The bill was introduced on
May 11, 2004, and on July 21 it was marked up and reported out
of the Government Reform Committee to the House of
Representatives. H.r. 4324 passed the Congress as amended on
December 7, 2004, and is likely to be signed into law by the
President.
13. H.R. 5295 (H.R. 4844): Federal Employees Dental and Vision Benefits
Enhancement Act of 2004--See discussion of H.R. 3751, above.
14. S. 129 (H.R. 1601), Federal Workforce Flexibility Act of 2004
On April 3, 2003, H.R. 1601 was introduced as a companion
bill to S. 129, which had been introduced on January 9, 2003.
The subcommittee held a hearing on H.R. 1601 (S. 129) on
February 11, 2004 and approved a manager's amendment of S. 129
on May 18. This action was followed by approval of the
Government Reform Committee on June 24 and passage, with
amendments, of S. 129 by the House of Representatives on
October 6. The Senate then approved the House-passed version of
S. 129 on October 11. The President signed the bill on October
30, at which time it became Public Law 108-411.
The Federal Workforce Flexibility Act of 2004 will
modernize and update personnel flexibilities and authorities
available to agencies of the Federal Government. The
legislation covers several topics, as follows:
Recruitment, Retention and Relocation Bonuses:
Federal agencies will have enhanced flexibility, within their
budgets, to pay bonuses of up to 100 percent of pay (over a 4-
year period) to help agencies recruit, retain and relocate
employees in the Civil Service on a targeted basis.
Streamlined Critical Pay Authority: The Office of
Personnel Management will be empowered to revitalize an
underused authority to pay employees in certain critical and
difficult-to-fill Government positions up to the salary of a
Cabinet member.
Agency Training: Federal agencies will be required to
link agency training programs with their performance plans and
strategic goals, establish a comprehensive management
succession program, and provide special training to help
managers deal with employees whose performance is unacceptable.
Annual Leave: To help recruit qualified executives,
members of the Senior Executive Service hired from the private
sector will receive the same vacation benefits as those hired
internally, and other newly-hired Federal employees with
qualifying non-Federal experience will receive credit for that
experience in determining the amount of their vacation time.
Compensatory Time for Travel: In situations where
Federal employees who must travel outside normal working hours
currently receive no compensation, the law will provide
compensatory time off for their travel time.
Pay Administration: Several corrections to streamline
and rationalize the laws on pay-setting in unusual situations--
where employees change from one location to another or from one
pay schedule to another--will be made. No employee's pay will
be reduced as a result of these corrections.
15. S. 926 (H.R. 3080), Federal Employee Student Loan Assistance Act
S. 926 permits agencies to pay up to $10,000 a year for
loan relief, up from $6,000 previously, and up to a lifetime
maximum of $60,000 per employee, up from $40,000. Employees
that accept the loan repayment assistance are required to work
for the agency for a specified period of time or to repay the
amount given to them. Passed the Congress on October 28, 2003,
and became Public Law 108-123 on November 11, 2003.
Oversight
TOPICS OF OVERSIGHT
1. Agency Organization
The subcommittee spent considerable time investigating the
organizational structure of many Federal agencies and found
widespread inefficiency and disorder. One area of concentration
for the subcommittee's oversight was the Federal food safety
inspection system. This system is comprised of 10 Federal
agencies that enforce more than 35 food safety laws, some of
which were passed 100 years ago and before significant
scientific advances in food safety techniques. The
subcommittee's objective in this area has been to focus public
attention on the need for organizational improvement in these
and other agencies as a foundation for improving Government
services, as well as highlight the need to re-institute
Presidential fast-track authority. Fast-track authority, which
has been available to various Presidents since 1932, has
allowed them to propose reorganizations of the executive branch
to Congress. Congress has then had the opportunity to vote the
plan up or down, but has not been allowed to offer amendments.
In various subcommittee hearings, a bipartisan group of
witnesses provided testimony supporting the benefits of such
authority for promoting a more efficient and effective
Government.
2. Chief Human Capital Officers
The Homeland Security Act of 2002 created in law the
position of Chief Human Capital Officer [CHCO], as well as the
CHCO Council, for the purpose of assisting agency heads in
developing human capital strategies. Each of the 15 departments
and other major agencies are required to appoint a CHCO as a
senior level policy officer. The CHCO Council, headed by the
Director of the Office of Personnel Management, provides a
setting to facilitate best practices among the entire Federal
Government.
The subcommittee's efforts have been focused on overseeing
the activities of the CHCO Council. Particularly, the Council
is tasked with making recommendations for legislative and
managerial improvements to human capital strategies of Federal
agencies. The goal of the subcommittee's oversight is to prompt
the Council to make recommendations on such areas as hiring
reform and how to deal with poor performers. Once the
recommendations have been made, the subcommittee will oversee
their implementation and review any legislative proposals.
3. Dental and Vision Benefits for Federal Employees
Currently, the dental, vision and hearing offerings
available to those covered by the Federal Employees Health
Benefits Program [FEHBP] are inadequate for most Federal
employees. They are often without proper dental care as part of
their health insurance coverage. In fact, most plans in the
FEHBP either do not offer dental and vision care, or cover only
very minimal, basic procedures. While some plans do offer a
supplemental dental package, they come at the cost of a very
high premium.
In the 1987 FEHBP Call Letter, sent annually to potential
insurance carriers asking for proposals to provide health
insurance for the Federal Government, OPM requested that
carriers not increase the amount of dental benefits offered to
the plan. This was an effort aimed at maintaining the quality
of other higher priority services without the burden of a
premium increase. Dental and vision benefits have remained the
two most sought after benefits by Federal employees, and
finding a solution will help the Federal Government compete for
talent. The subcommittee has explored solutions to this problem
through potential legislative or regulatory changes.
4. Department of Homeland Security Personnel System
The Homeland Security Act of 2002 provided for the creation
of a new personnel system in which DHS and OPM could rewrite
many of the provisions of Title 5 of the U.S. Code. In doing
so, the Department was given authority to move away from the
General Schedule system in place in most Federal agencies, and
design a system based upon performance rather than seniority.
Following an extensive process of system design, including
outreach to stakeholders and collaboration with employee
unions, the Department and OPM issued proposed regulations for
the new system in the following areas: performance appraisal,
job classification, compensation, labor-management relations,
disciplinary personnel actions, and employee appeals.
The subcommittee has overseen the design and collaboration
process to ensure that the Department will have a fair, merit-
based system. Additionally, the subcommittee has worked to
ensure that the final design is consistent with the intent of
the law, which was created to give an agency with national
security priorities the maximum flexibility when dealing with
personnel. Final regulations are expected to be issued in late
2004, at which time the subcommittee will oversee their
implementation.
5. Department of Defense Personnel System--National Security Personnel
System [NSPS]
The Department of Defense authorization bill for fiscal
year 2004 authorized the Secretary of Defense to rewrite the
rules of U.S.C. 5 and to create a new National Security
Personnel System [NSPS] for its 700,000 civilian employees.
This personnel overhaul required significant oversight as it
affected nearly half of all civilian employees of the Federal
Government, most of which remained under the General Schedule
system. The law gave the Department flexibility to create a
pay-for-performance system, similar to the flexibility given to
the administration when creating the Department of Homeland
Security. Department of Defense officials are drafting
regulations to establish a new employee appeals process,
streamline the collective bargaining process, and hire outside
experts without review from the Office of Personnel Management.
Chairwoman Jo Ann Davis held the first hearing on this
legislation in April 2003 and advocated several changes that
were included in the final version, including specific
safeguards the Department must follow as it moves toward pay-
for-performance, protection for the overtime pay of Defense
Department firefighters, and a requirement that the Department
work with OPM in writing its Civil Service regulations. During
2004 the Department and the Office of Personnel Management
embarked upon the process of creating the NSPS, but as of
November 2004, the agencies have not published any proposed
elements of a new system. The subcommittee, however, is
monitoring the progress of the efforts to create a DOD-tailored
personnel system, and has announced its intention to exercise
its oversight authority in this regard.
6. Diploma Mills
OPM has been quite active in assisting agency managers to
detect bogus education credentials and the subcommittee has
monitored its progress and agencies' response to the issue.
This issue has come to light because a few Federal employees,
including political appointees, have been claiming degrees from
schools on their resume that are not properly accredited. Such
degrees are from schools, often referred to as ``diploma
mills,'' that are not accredited by an appropriate authority
subject to oversight by the U.S. Department of Education and
that generally involve payment of a fee in exchange for a
degree without any significant academic requirements.
7. Employee Surveys
The Defense Authorization Bill for fiscal year 2004 signed
into law now requires that ``each agency shall conduct an
annual survey of its employees.'' OPM ``shall issue regulations
prescribing survey questions that should appear on all agency
surveys.'' The subcommittee is monitoring the use of this new
law and seeking to determine when OPM will issue regulations
and whether agencies are complying. Depending on findings, a
possible hearing will be considered in the 109th Congress.
8. Firefighters
H.R. 2963, the Federal Wildland Firefighter Emergency
Response Compensation Act, was introduced on July 25, 2003, by
Congressman Richard Pombo (R-CA) and was subsequently referred
to the subcommittee. The subcommittee hoped to conduct a field
hearing in Tempe, AZ to examine the way the Federal Government
pays for wildland fire suppression but was unable to do so this
session. The subcommittee examined the need for H.R. 2963,
which was aimed at rectifying inequities in the pay system for
Federal wildland firefighters. H.R. 2963 had two main
objectives: (1) to provide for portal-to-portal compensation
when firefighters are assigned to emergency situations; and (2)
entitlement of hazardous duty pay when calculating retirement
benefits.
9. Federal Deposit Insurance Corporation [FDIC] Personnel System
The FDIC, a Government-established corporation, operates
independently of the personnel rules of U.S.C. 5, which governs
most Federal agencies and employees. FDIC, and other
Government-run independent financial agencies, operates under
the Financial Institutions Reform, Recovery and Enforcement Act
[FIREA]. It has been operating a pay-for-performance style
system, but has recently requested increased flexibilities in
this area for the purpose of creating an increasingly
performance-oriented culture and to gain needed flexibility in
expanding and contracting the workforce. The subcommittee has
met with staff from FDIC and will work with certain FIREA
agencies in possibly developing appropriate legislation as well
as overseeing implementation of any new personnel system.
10. Patent and Trademark Office [PTO] Personnel System
The U.S. Patent and Trademark Office [PTO] planned on
unveiling a new performance appraisal plan for its trademark
examining attorneys to help with the processing of trademark
applications and to align attorneys' performance appraisal
plans with the mission and goals of the agency on April 1,
2004. The subcommittee staff spoke with several employees and
employee unions who expressed their concern of the dramatic
increase in workload and the resulting negative impact on
employee morale. Based on these concerns and upon the request
of the subcommittee, representatives from PTO came to brief the
staff on the new plan and to discuss measures they are taking
to establish strategies to open up lines of communication with
employees and to respond to their concerns regarding the new
plan. The subcommittee continues to monitor the planned
implementation of the new performance appraisal plan as well as
PTO's line of communication with employees. There has been no
date set for implementation of the new appraisal plan.
11. Federal Employee Rights and Protections and Appeals
The subcommittee has monitored the flexibilities given to
the Department of Homeland Security, as well as to the
Department of Defense for developing new appeals processes. The
current appeals process for Federal employees involves several
agencies: the Merit Systems Protection Board, the Equal
Employment Opportunity Commission, the Office of Personnel
Management [OPM], the Office of Special Counsel, and the
Federal Courts. In addition, agencies may have internal
grievance systems for employee complaints, governed by
collective bargaining agreements, and disputes between agencies
and labor unions are adjudicated by the Federal Labor Relations
Authority.
12. Federal Employees Health Benefits Program [FEHBP]
The Federal Employees Health Benefits Program [FEHBP]
provides health insurance benefits to over 8 million Federal
workers, annuitants and their families. The program provided
about $24 billion in health care benefits last year. It is the
largest program of its kind and is widely considered to be a
model employer-provided health insurance program.
Federal employees, retirees and their survivors enjoy the
widest selection of health plans in the country. Enrollees can
choose from among fee-for-service plans and preferred provider
organizations, or plans offering a point of service product, or
health maintenance organizations if they live within the area
serviced by the plan. OPM renews contracts annually with
participating plans, after negotiating the benefits package and
price. The cost of an enrollment is shared: the Government pays
75 percent of the premium or 72 percent of the average weighted
premium for all plans whichever is less. The FEHBP law does not
mandate a standard plan benefit package, although OPM has the
authority to impose certain coverage requirements, such as
child immunizations.
The subcommittee has focused oversight efforts on the
development and introduction of health savings accounts to the
FEHBP to ensure fairness to active and retired employees.
Additionally, FEHBP, as the largest employer health insurance
program, has been looked to as a potential source for
strengthening health care around the Nation. Last, subcommittee
oversight activities have led to examinations of the general
management of the FEHBP by OPM to ensure the highest quality
care for employees and a competitive advantage in benefits for
the Federal Government's recruitment efforts.
13. Federal Law Enforcement Officer Pay and Benefits Reform (See
explanation of H.R. 3205)
During the 108th Congress, numerous Federal law enforcement
officer [LEO] associations approached the subcommittee claiming
that disparities existed in pay and benefits for LEOs from one
agency to another. Furthermore, the subcommittee also learned
of examples of State and local law enforcement officers earning
salaries that varied widely from those offered to officers in
the Federal Government. Additionally, many other Federal
employees who work in or with law enforcement agencies but who
are not classified as ``law enforcement officers'' believe they
are wrongly excluded from that designation. This led
subcommittee members to investigate how these disparities are
affecting the ability of the Federal Government to recruit and
retain employees to law enforcement positions, as well as how
to eliminate unnecessary inequalities.
Chairwoman Jo Ann Davis, together with the subcommittee on
Criminal Justice, Drug Policy and Human Resources, held a July
23, 2003, hearing to examine this issue, and subcommittee staff
traveled to California to meet with dozens of law enforcement
agents (both with and without the ``LEO'' designation) who work
in high-cost areas, such as Los Angeles, San Diego and San
Francisco. Following the hearing, Chairwoman Davis concluded
that this issue needed further study. As a result, she and
Senator Voinovich introduced companion pieces of legislation
requiring the Office of Personnel Management to study the issue
of law enforcement compensation. The subcommittee will continue
its oversight of this issue into the 109th Congress with the
goal of developing comprehensive legislation to reform pay and
benefits for all LEO's and possibly to create a new statutory
definition of ``law enforcement officer.''
14. Federal Hiring Process
Problems with the Federal hiring process range from long
length of time to hire to poor recruitment efforts and
underused hiring flexibilities. Certain problems with the
Federal Government's ability to assess job candidate date back
to a 1981 court decision resulting in the Leuvano Consent
Decree. Leuvano declared that the Professional and
Administrative Careers Exam, used by agencies to rate entry-
level candidates, was unfair to minority applicants. As a
result, agencies now largely use the highly ineffective
Administrative Careers With America exam, greatly reducing
agencies' ability to properly rate candidates.
The subcommittee has focused on developing legislative
solutions and overseeing management of the process by various
agencies. Multiple hearings were held examining the reasons for
low use of new hiring flexibilities: category ranking and
direct-hire authority.
15. Annual Federal Employee Pay Raise
Each year, civilian Federal employees under the General
Schedule are eligible for a pay increase without regard to
their performance in the previous year. Additionally, as a
Federal employee moves through his career, he is given a pay
raise when he receives a within-grade step increase or a
promotion to a higher grade. All together, employees are
eligible to receive salary increases from three sources: (1)
annual General Schedule increase; (2) annual locality pay
increase; and (3) increases resulting from a within-grade-
increase, a promotion, a quality-step-increase, or a
performance award.
Traditionally, the Congress has given Federal employees an
annual raise equal in percentage to the raise received by the
military. The subcommittee has overseen the enactment of the
annual pay raise for Federal employees, and urged the Congress
to ensure a raise in the exact proportion to military
employees.
16. Federal Long Term Care Insurance Program [FLTCIP]
The FLTCIP was created by the Long-Term Care Security Act
(Public Law 106-265) in 2000. The Office of Personnel
Management contracts with John Hancock Life Insurance Co. and
Metropolitan Life Insurance Co. to administer the FLTCIP under
a jointly owned company called Long Term Care Partners. No
other carrier provides long term care for Federal employees,
and the Federal Government makes no contribution to employee
premiums as it does in the FEHBP.
FLTCIP provides an insurance benefit to people who can no
longer perform various everyday functions for themselves, such
as washing, feeding or dressing themselves, or to patients
suffering from a severe cognitive impairment. This care can be
provided in a number of settings, including the patient's home,
an assisted living facility, a nursing home or a number of
others. Long term insurance is not a part of standard health
insurance plans, and is not the same as standard medical care
provided for in hospitals or doctors' offices.
Among the issues investigated by the subcommittee was
whether or not to open up the FLTCIP to competition rather than
continue with the current system of one carrier. This issue was
raised by Members and witnesses at the subcommittee's February
24, 2004, hearing on dental and vision benefits. Additionally,
the subcommittee conducted oversight of the level and quality
of service that employees and retirees are receiving with this
benefit. Last, the subcommittee will be examining how much
money employees are saving under the FLTCIP versus offerings
they can access in the private sector.
17. Pay for Performance
During the 108th Congress, compensation reform, including
pay for performance, has been at the top of the subcommittee's
agenda. In fact, the subcommittee's first hearing examined the
need for Government-wide compensation reform for the Federal
Government. Congress granted both the Department of Homeland
Security and the Department of Defense the authority to create
new flexible performance-based personnel management systems, in
2002 and 2003 respectively, and has established a new
performance-based pay system in 2003 for members of the Senior
Executive Service that is designed to provide clear linkage
between pay and performance. The subcommittee's oversight in
this area has been aggressive in light of the fact that DHS and
DOD alone comprise of more than 50-percent of the non-postal
Federal workforce and that their proposed systems, as well as
the SES performance-based pay system, have precedent-setting
implications.
18. Poor Performers
The Government's general inability to deal effectively with
poor performers in the workplace is well known. Employee
surveys have shown that the Federal workforce is dismayed over
the continued presence of poor performers in Government
positions. In a recent survey, only 22 percent of Federal
employees said they believe their supervisor deals effectively
with poor performers and that about 14 percent of their
coworkers are either poor performers or actually deserve to be
fired. Congress has recently granted to both the Department of
Homeland Security and DOD the authority to re-write the
statutory rules on performance management, labor relations and
appeals, and has also provided these Departments with the
ability to create pay systems that make meaningful distinctions
based on employee performance. The subcommittee began to
examine the best manner in which to approach this area with the
goal of building a case for specific legislative actions. The
Government Accountability Office has agreed to conduct a report
on the subject, which is due in the 109th Congress.
19. Presidential Management Fellows [PMF] Program
The PMF Program, formerly referred to as the Presidential
Management Intern Program, was a program in place to bring
highly talented graduate-level students into the Federal
workforce. This past year, the program was officially renamed
the Presidential Management Fellows Program because of its
inclusion of mid-career fellows as well as graduate-level
students. The program is widely respected for its 2-year
training opportunities afforded to participants, and seen as a
crucial piece to Federal recruitment efforts. One persistent
problem has been that the program has not helped many
participants reach beyond the 2-year length of time. The
subcommittee has conducted oversight to ensure that the program
is properly used to train the best and the brightest, but also
to ensure that they stay with the Federal Government for many
years to come.
20. Specific Agency Oversight Jurisdiction
The subcommittee continues to monitor and exercise its
oversight jurisdiction over agencies of the executive branch:
Office of Personnel Management; Federal Labor Relations
Authority; Federal Retirement Thrift Investment Board; Equal
Employment Opportunity Commission; Merit Systems Protection
Board; Office of Special Counsel; and Office of Government
Ethics.
21. Student Loan Repayment Program
As a recruitment or retention incentive for highly
qualified candidates or current employees, agencies are
authorized to establish a program under which they may repay
certain types of federally made, insured, or guaranteed student
loans. Agencies may agree to repay as much as $10,000 for an
employee in a calendar year, up to an aggregate maximum of
$60,000 for any one employee. The subcommittee continues to
monitor Federal agencies' use of the student loan repayment
program and the success of whether the program is assisting
them in competing for top-notch talent.
22. Telecommuting
The subcommittee researched and assessed the major issues
surrounding telecommuting and examined its usefulness in
improving the quality of life for Federal employees and
ensuring the continuity of government in light of a National
emergency. The subcommittee learned of many benefits resulting
from telecommuting, which include: improvements in employee
morale and effectiveness; retention of skilled employees and
reduction in turnover due in part to increased job
satisfaction; potential for increased productivity; and cost
savings to the Government in regard to office space, sick leave
absences and energy conservation.
23. Thrift Savings Plan [TSP]
The Thrift Savings Plan [TSP] is a retirement savings and
investment plan available to all Federal employees, similar to
401(k) plans provided in the private sector. The subcommittee
has maintained vigorous oversight of the Federal Retirement
Thrift Investment Board throughout the 108th Congress
regarding, in particular, the new TSP recordkeeping system's
daily valuation and recurring problems with employee access to
the TSP Web site. The new recordkeeping system has resulted in
slowness of the Web site, unavailable access, untimely
processing of loan requests and difficulties making
contribution allocations. The subcommittee staff also continued
to pursue ideas for adding investment options to the TSP. There
has been much discussion about adding investment funds to the
TSP, such as a Real Estate Investment Trust. The TSP initially
(1986) was limited to three funds. In 2001, the menu was
expanded to include the S Fund and the I Fund. A typical
private sector entity offers about 12 investment funds in its
401K plan. Allowing for diversification can reduce investment
risk and increase the rate of a participant's return. Staff has
also been exploring the possibility of adding a lifetime fund
to the Plan.
24. Whistleblower Protections
Subcommittee staff has monitored and reviewed specific
cases of alleged mistreatment by Federal agencies of employees
who ostensibly blew the whistle on matters relating to national
security failures.
Business Meetings
1. July 16, 2003, approved H.R. 1231, by voice vote, and
H.R. 1151, by voice vote.
2. July 23, 2003, approved H.R. 2751, by voice vote.
3. March 17, 2004, approved H. R. 3737, as amended by voice
vote, and H.R. 3751, as amended by voice vote.
4. May 18, 2004, approved S. 129, as amended by voice vote.
Hearings
1. ``Compensation Reform: How Should the Federal Government Pay Its
Employees?'' April 1, 2003; Serial No. 108-46
a. Summary.--This hearing followed up on the full
Government Reform Committee's March 6, 2003, hearing, ``From
Reorganization to Recruitment: Bringing the Federal Government
Into the 21st Century,'' and examined the need for Government-
wide compensation reform for the Federal Government. Most
Federal employees are currently paid according to the General
Schedule, which many see as a seniority-based system. Witnesses
at the hearing discussed the possibility of moving toward a
performance-based system through pay banding, performance pay,
the $500 million Human Capital Performance Fund and relieving
pay compression for the Senior Executive Service.
b. Witnesses.--Hon. C.A. Dutch Ruppersberger, U.S. House of
Representatives; Dan Blair, Deputy Director of OPM; Hannah
Sistare, executive director of National Commission on the
Public Service; and J. Christopher Mihm, Director of Strategic
Issues at GAO.
2. ``The Human Capital Challenge: Offering Solutions and Delivering
Results,'' April 8, 2003; Serial No. 108-28
a. Summary.--The subcommittee joined with the Senate
Subcommittee on Oversight of Government Management, the Federal
Workforce and the District of Columbia, chaired by Senator
George V. Voinovich (R-OH), to examine legislative solutions to
strategic human capital management problems. Witnesses
discussed similar issues at the subcommittee's April 1, 2003,
hearing and considered the possibility of the Federal
Government's moving away from the General Schedule and toward a
pay-for-performance compensation system.
b. Witnesses.--David Walker, Comptroller General of GAO; ay
Coles James, Director of OPM; Bobby Harnage, national president
of American Federation of Government Employees; Colleen Kelly,
national president of National Treasury Employees Union; Carol
Bonosaro, president of Senior Executives Association; Michael
Styles, president of Federal Managers Association; Hannah
Sistare, executive director of National Commission on the
Public Service; Dr. Steven Kelman, professor of public
management at John F. Kennedy School of Government Harvard
University; Max Stier, president and chief executive officer at
Partnership for Public Service; Jeff Taylor, president and
chief executive officer at Monster Government Solutions; and
Maj. Gen. Robert McIntosh, executive director of Reserve
Officers Association of the United States.
3. ``Transforming the Defense Department: Exploring the Merits of the
Proposed National Security Personnel System,'' April 29, 2003;
Serial No. 108-40
a. Summary.--The subcommittee examined the Defense
Department's [DOD] ``Defense Transformation for the 21st
Century Act,'' which proposed significant changes to the
personnel system for civilian employees at the department, and
carried far-reaching implications for the Government-wide
personnel provisions of Title 5. Provisions contained in the
proposed ``National Security Personnel System'' included giving
the Secretary of Defense the authority to rewrite DOD personnel
rules for the purpose of creating a performance management
system.
b. Witnesses.--David Chu, Under Secretary for Personnel and
Readiness at DOD; Dan Blair, Deputy Director of OPM; David
Walker, Comptroller General of GAO; Bobby Harnage, national
president of American Federation of Government Employees; and
G. Jerry Shaw, general counsel for Senior Executives
Association.
4. ``H.R. 1231, Making Health Care More Affordable: Extending Premium
Conversion to Federal Retirees,'' July 9, 2003; Serial No. 108-
66
a. Summary.--At this hearing, the subcommittee considered
H.R. 1231, a bill introduced by Chairman Tom Davis (R-VA), and
S. 623 by Senator John Warner (R-VA), to allow retired civilian
and military employees to pay health insurance premiums with
pre-tax dollars, a process known as ``premium conversion.''
Active civilian employees participating in the Federal
Employees Health Benefits Program received the premium
conversion benefit in October 2000. The subcommittee passed
H.R. 1231 by voice vote at a July 16, 2003, business meeting.
b. Witnesses.--Hon. Tom Davis, chairman, Committee on
Government Reform, U.S. House of Representatives; Charles
Fallis, president of National Association of Retired Federal
Employees; Sue Schwartz, deputy director of government
relations at the Military Officers Association of America; and
William Young, president of the National Association of Letter
Carriers.
5. ``GAO Human Capital Reform: Leading the Way,'' July 16, 2003; Serial
No. 108-77
a. Summary.--The subcommittee examined H.R. 2751, the ``GAO
Human Capital Reform Act of 2003,'' which would extend human
capital flexibilities granted to the General Accounting Office
[GAO] by Congress in 2000. The bill would allow the GAO to
develop a more performance-based compensation system, as well
as increase the agency's restructuring flexibilities. H.R. 2751
passed the subcommittee by voice vote at a July 23, 2003,
business meeting.
b. Witnesses.--David Walker, Comptroller General of the
United States; Christopher Keisling, GAO Employees Advisory
Council; Pete Smith, president of Private Service Council; and
Paul Light, senior fellow, governance studies at the Brookings
Institution.
6. ``Federal Law Enforcement Personnel in the Post September 11 Era:
How Can We Fix An Imbalanced Compensation System?'' July 23,
2003; Serial No. 108-83
a. Summary.--This hearing, held jointly with the
Subcommittee on Criminal Justice, Drug Policy and Human
Resources, chaired by Representative Mark Souder (R-IN),
explored personnel issues affecting law enforcement officers of
the Federal Government. The subcommittee examined pay,
benefits, retirement, recruitment and retention in certain
sectors of the Federal law enforcement community. Additionally,
quality of life issues were looked at, such as: work
conditions, responsibilities, hazards, and regional costs of
living. H.R. 466, H.R. 1676, H.R. 2276, and H.R. 2442, were
considered as legislative remedies to problems associated with
these issues.
b. Witnesses.--Hon. Charles Schummer, U.S. Senator; Hon.
Peter King, U.S. House of Representatives; Hon. Robert Filner,
U.S. House of Representatives; Hon. Michael Rogers, U.S. House
of Representatives; Hon. Chris Van Hollen, U.S. House of
Representatives; Joanne Simms, Deputy Assistant Attorney
General for Human Resources and Administration at the DOJ;
Norman Rabkin, Managing Director on Homeland Security and
Justice at GAO; Donald Winstead, Deputy Associate Director of
Center for Pay and Performance Policy at OPM; Kay Frances
Dolan, Director of Human Relations Policy at DHS; Colleen
Kelley, national president of National Treasury Employees
Union; Ignatius Gentile, president of DHS Council 117 of the
American Federation of Government Employees; Nancy Savage,
president of Federal Bureau of Investigation Agents
Association; Richard Gallo, former president of Federal Law
Enforcement Officers Association; T.J. Bonner, president of
National Border Patrol Council; and Louis Cannon, chairman of
the Federal Officer's Committee in the Fraternal Order of
Police.
7. ``Human Capital Planning: Exploring the National Commission on the
Public Service's Recommendations for Reorganizing the Federal
Government,'' September 17, 2003; Serial No. 108-109
a. Summary.--The purpose of this hearing was to examine the
need to reorganize the Federal Government into a limited number
of mission-related executive departments, and how best to
conduct such a reorganization. The National Commission on the
Public Service made this recommendation in its report, ``Urgent
Business for America: Revitalizing the Federal Government for
the 21st Century.'' Subcommittee members considered various
proposals including one to allow the President ``fast-track''
reorganization authority. Under this proposal, the President
would propose a plan for reorganization that would not be
subject to amendment by Congress and would either be approved
or rejected in its entirety.
b. Witnesses.--David Walker, Comptroller General of the
United States; Clay Johnson, Deputy Director for Management at
OMB; and Paul Volker, chairman of National Commission on the
Public Service.
8. ``Human Capital Succession Planning: How the Federal Government Can
Get a Workforce to Achieve Results,'' October 1, 2003; Serial
No. 108-116
a. Summary.--The subcommittee received testimony from
public and private sector sources explaining the need for
effective succession planning in the Federal Government. With
high percentages of GS-15s and executives in the Senior
Executive Service being eligible to retire now or becoming
eligible in the short term, many observers have predicted a
human capital ``crisis.'' Systematic succession planning
through the development of various programs in Federal agencies
was offered as a solution to the impending problems.
b. Witnesses.--J. Christopher Mihm, Director of Strategic
Issues at GAO; Dan Blair, Deputy Director of OPM; Howard
Messner, president of National Academy of Public
Administration; Robert Gandossy, Global Practice Leader, Talent
and Organizations Consulting at Hewitt Associates; David
O'Connor, Deputy Assistant Administrator for Administration and
Resources Management at EPA; Vicki Novak, Assistant
Administrator for Human Resources at NASA; and William
Campbell, Acting Assistant Secretary for Human Resources and
Administration at Department of Veterans Affairs.
9. ``Achieving Diversity in the Senior Executive Service,'' October 15,
2003; Serial No. 108-130
a. Summary.--In this hearing, the subcommittee examined the
issue of diversity in the ranks of the Senior Executive Service
[SES]. The General Accounting Office report (GAO-03-34) titled,
``Senior Executive Service: Enhanced Agency Efforts Needed to
Improve Diversity as the Senior Corps Turns Over,'' projected
that in the coming years the only significant changes in
diversity will be an increase in the number of White women.
Witnesses discussed various solutions for increased diversity,
including the Office of Personnel Management's newly announced
SES Candidate Development Program.
b. Witnesses.--George Stalcup, Director of Strategic Issues
at GAO; Ronald Sanders, Associate Director for Strategic Human
Resources Policy at OPM; Carlton Hadden, Director, Office of
Federal Operations at EEOC; Gail Lovelace, Chief Human Capital
Officer at GSA; Jo-Anne Barnett, Chief Financial Officer at
PTO; Reginald Wells, Deputy Commissioner for Human Resources at
SSA; William Brown, president, African-American Federal
Government Executives Association; Jasemine Chambers, Chair of
Asian-American Government Executives Association; Manuel
Oliverez, president and CEO of National Association of Hispanic
Federal Executives; Shirley Harrington-Watson, National
Legislative Review Committee Chair of Blacks in Government;
Patricia Wolfe, president of Federally Employed Women; and
Linda Brooks Rix, co-chief executive officer of AVUE
Technologies Corp.
10. ``Decision Time: A New Human Resources Management System at the
Department of Homeland Security,'' October 29, 2003; Serial No.
108-162
a. Summary.--The purpose of this hearing was to examine the
status of the new human resources management system being
developed at the Department of Homeland Security [DHS]. Under
Public Law 107-296, Congress granted the Secretary of DHS and
the Director of the Office of Personnel Management the
authority to develop a unique personnel system for DHS. Pay,
performance management, job classification, disciplinary
measures and labor-management relations were all topics of
discussion at the hearing.
b. Witnesses.--Ronald James, Chief Human Capital Officer of
DHS; Steven Cohen, Senior Advisor of Homeland Security at OPM;
John Gage, national president of American Federation of
Government Employees; Colleen Kelley, national president of
National Treasury Employees Union; Hannah Sistare, executive
director of National Commission on the Public Service; and
George Nesterczuk, president of Nesterczuk & Associates.
11. ``Esprit de Corps: Recruiting and Retaining America's Best for the
Federal Civil Service, H.r. 1601, S. 129, and H.R. 3737''
February 11, 2004; Serial No. 108-163
a. Summary.--This hearing discussed Federal workforce
flexibilities in two parts. First, the subcommittee examined
H.R. 1601, and S. 129, the ``Federal Workforce Flexibility Act
of 2003.'' These bills granted flexibilities to managers
regarding the areas of pay and annual leave. Second, the
subcommittee examined the pay and benefits of Administrative
Law Judges [ALJ] in the Federal Government. Pay compression in
the Federal Government has continued to harm the ability of the
Federal Government to recruit and retain the best and
brightest.
b. Witnesses.--Ronald Sanders, Associate Director for
Strategic Human Resources Policy at OPM; Kevin Dugan, vice
president of Association of Administrative Law Judges; John
Gage, national president of American Federation of Government
Employees; Colleen Kelley, national president of National
Treasury Employees Union; and Carl DeMaio, president of the
Performance Institute.
12. ``We'd Like to See You Smile: The Need for Dental and Vision
Benefits for Federal Employees,'' February 24, 2004; Serial No.
108-173
a. Summary.--This hearing examined the possibility of
making available to Federal employees insurance covering dental
and vision care. There are limited dental and vision offerings
within the Federal Employees Health Benefits Program [FEHBP].
Federal employees often cite dental coverage as the health
benefit they would most like to see added to the FEHBP. H.R.
3751, introduced by Chairwoman Jo Ann Davis on January 30,
2004, requires the Office of Personnel Management to study this
issue and present to Congress options to offer dental and
vision plans to Federal employees and qualified relatives. The
legislation does not specify whether these benefits should be
added as part of the FEHBP, as stand-alone options, or as a
hybrid of the two. This hearing examined H.R. 3751 in depth, as
well as look at the entire issue of dental/vision benefits for
Federal employees.
b. Witnesses.--Abby Block, Deputy Associate Director at
OPM; Ed Wristen, president and chief executive officer at First
Health; Dr. Stan Shapiro, vice chairman of CompBenefits; Jon
Seltenheim, chairman of National Association of Dental Plans;
and Howard Braverman, O.D., past president of American
Optometric Association.
13. ``The Key to Homeland Security: The New Human Resource System,''
February 25, 2004; Serial No. 108-183
a. Summary.--The Department of Homeland Security [DHS]
intended to move most of its 180,000 employees to a system in
which annual raises would be determined primarily by
performance, appeal rights would be streamlined, and management
would have greater ability to take mission-related actions
without submitting to collective bargaining. The regulations
governing the new personnel system were published the week
prior to the hearing in the Federal Register, beginning the
public comment phase of the process. This hearing enabled
Members of Congress to comment and ask questions about these
regulations at the outset.
b. Witnesses.--Kay Coles James, Director of OPM; James Loy,
Deputy Secretary at DHS; David Walker, Comptroller General of
the United States; John Gage, national president of American
Federation of Government Employees; Colleen Kelley, national
president of National Treasury Employees Union; and Mike
Randall, president of National Association of Agricultural
Employees.
14. ``Oversight of the Federal Employees Health Benefits Program and
the Federal Long-Term Care Insurance Program,'' March 24, 2004;
Serial No. 108-170
a. Summary.--At this hearing the subcommittee conducted
broad oversight over a number of developing issues regarding
the Federal Employees Health Benefits Program and the Federal
Long-Term Care Insurance Program. Among the issues discussed at
the hearing were: Health Savings Accounts; Flexible Savings
Accounts; Cost Accounting Standards; Cost-containment in the
FEHBP; the statutory cap of 75 percent the Federal Government
may contribute to premiums; and the prospect of opening the
FEHBP to small businesses.
b. Witnesses.--Dan Blair, Deputy Director of OPM; Dr.
Harvey Fineberg, president of the Institute of Medicine;
Charles Fallis, president of National Association of Retired
Federal Employees; Stephen Gammarino, senior vice president of
National Programs at Blue Cross/Blue Shield; Dr. Scott Smith,
vice president and chief medical officer at First Health; and
Paul Forte, chief executive officer of Long Term Care Partners
LLC.
15. ``A System Rued: Inspecting Food,'' March 30, 2004; Serial No. 108-
182
a. Summary.--At this hearing the subcommittee conducted
broad oversight over how the Federal Government has organized
food safety inspection agencies. There are over 12 agencies
that enforce more than 35 food safety laws. Such organization
may lead to lack of accountability, inconsistencies, and
ineffective Government oversight. Witnesses discussed the
possibility of consolidating the agencies in the food safety
program as a means of improving effectiveness.
b. Witnesses.--Lawrence Dyckman, Director of Natural
Resources and Environment at GAO; Dr. Robert Brackett, Director
of Center for Food Safety and applied Nutrition at FDA; Dr.
Merle Pierson, Deputy Undersecretary for Food Safety at USDA;
Dan Glickman, former Secretary of USDA; and Caroline Smith
DeWaal, Director of Food Safety at the Center for Science in
the Public Interest.
16. ``First Year on the Job: Chief Human Capital Officers,'' May 18,
2004; Serial No. 108-236
a. Summary.--This hearing reviewed Federal agencies'
implementation of the Chief Human Capital Officers [CHCO] Act.
The Chief Human Capital Officers Act of 2002 required certain
agencies to appoint a CHCO to assist agency heads in producing
a productive workforce as well as to assist in implementing
Civil Service laws.
b. Witnesses.--Kay Coles James, Director of the Office of
Personnel Management; J. Christopher Mihm, Director of
Strategic Issues at GAO; Dr. Reginald Wells, Deputy
Commissioner of Human Resources at the SSA; and Kevin Simpson,
executive vice president and general counsel for the
Partnership for Public Service.
17. ``The Federal Hiring Process: The Long and Winding Road,'' field
hearing in Chicago, IL, June 7, 2004
a. Summary.--This hearing examined the need for hiring
reforms and possible legislative solutions. GAO is preparing an
update to their earlier hiring engagement at the request of the
chairwoman and released their findings at the hearing.
b. Witnesses.--Dan Blair, Deputy Director at OPM; J.
Christopher Mihm, Director of Strategic Issues at GAO; Stanley
Moore, Regional Director at the U.S. Census Bureau; Marcia
Marsh, vice president for agency partnerships at the
Partnership for Public Service; Brent Pearson, sr. vice
president and general manager at Monster Government Solutions;
Ed Flynn, managing consultant of Federal Sector Programs at
Hewitt Associates; Andres Garza, director of career placement
services at the University of Illinois; and Krystal Kemp,
student, Washington University; and Camille Sladek, Federal
applicant.
18. ``The Federal Hiring Process II: Shortening the Long and Winding
Road,'' July 13, 2004
a. Summary.--This hearing served as a follow up to the
subcommittee's June 7th hearing in Chicago entitled ``The
Federal Hiring Process: The Long and Winding Road,'' and
attempted to put an end to the blame game between agencies and
OPM on the use of newly granted hiring flexibilities. The
hearing again discussed the GAO report, released June 7, 2004,
which stated that agencies are not using the new hiring
flexibilities primarily due to lack of guidance from OPM and
the lack of flexibility in rules and regulations administered
by OPM.
b. Witnesses.--Dan Blair, Deputy Director at OPM; David
Chu, Undersecretary for Personnel and Readiness at DOD; Ed
Sontag, Assistant Secretary for Administration and Management
at HHS; Claudia Cross, Director of the Office of Human
Resources Management at DOE; and J. Christopher Mihm, Director
of Strategic Issues at GAO.
19. ``Time to Bite the Bullet: Fixing Federal Law Enforcement Pay and
Benefits,'' July 20, 2004
a. Summary.--This hearing addressed pay and benefits
disparities within the Federal law enforcement community as
part of the subcommittee's ongoing efforts to reform Federal
law enforcement pay and benefits, aiming toward one Government-
wide solution. The need for compensation reform is particularly
vital to develop and retain a highly effective and qualified
Federal law enforcement community and vital to our national
security. Last year, Chairwoman Jo Ann Davis introduced the
``Federal Law Enforcement Pay and Benefits Parity Act of
2003,'' directing the Office of Personnel Management [OPM] to
conduct a report and submit recommendations to Congress on the
parity of pay and benefits among Federal law enforcement
officers. That report, which OPM released on July 15, 2004,
entitled, ``Federal Law Enforcement Pay and Benefits,''
detailed three critical areas in need of reform: (1) retirement
benefits, (2) classification and basic pay, and (3) premium pay
and was a major focus of the hearing. The complete report is
available at http://www.opm.gov/.
b. Witnesses.--Ronald Sanders, Associate Director for
Strategic Human Resources Policy at OPM; Colleen Kelley,
national president for National Treasury Employees Union;
Frederick Bragg, president of the FBI Agents Association; Louis
Cannon, chairman of the National Fraternal Order of Police
Federal Officers Committee; and T.J. Bonner, president of the
National Border Patrol Council
20. ``You Can't Always Get What You Want: What if the Federal
Government Could Drive Improvements in Healthcare?'' September
13, 2004
a. Summary.--At the hearing the subcommittee looked at how
the Federal Employee Health Benefits Program [FEHBP] can
enhance its service to Federal employees and serve as a model
for improving the performance of the U.S. health system as a
whole. The hearing examined: (1) ways to encourage plans to
focus on high value services including preventive services and
comprehensive care for common chronic conditions; (2) the
impact of good health practices on premiums; (3) a
reimbursement component that allows plans to receive a premium
for meeting certain high standards of quality; (4) ways to
promote the use of information technology to create cost
savings; (5) ways that the FEHBP can measure comparative
efficacy and value of alternative preventives and treatments in
a systematic way; and (6) possible avenues on how the FEHBP can
better stress health literacy.
b. Witnesses.--Dan Blair, Deputy Director at OPM; Dr. Karen
Wolk Feinstein, Chair of the Pittsburgh Regional Healthcare
Initiative; Dr. Neil Resnick, director of at the University of
Pittsburgh Institute of Aging; and Dr. Alan Axelson, medical
director at the American Academy of Child and Adolescent
Psychiatry.
GAO Work Product
The Government Accountability Office conducted an extensive
amount of work for the subcommittee throughout the 108th
Congress. A detailed summary of that work is attached as
appendix A.
SUBCOMMITTEE ON CRIMINAL JUSTICE, DRUG POLICY AND HUMAN RESOURCES
Legislation
H.R 2086, Office of National Drug Control Policy Reauthorization
The subcommittee's work on problems of narcotics law
enforcement and treatment informed the process of drafting
legislation to reauthorize the Office of National Drug Control
Policy, reform drug sentencing laws, expand treatment options,
and assist drug-endangered youths.
On May 15, 2003, H.R. 2086, the ``Office of National Drug
Control Policy Reauthorization Act of 2003,'' was considered by
the Subcommittee on Criminal Justice, Drug Policy and Human
Resources, and forwarded to full committee by voice vote. On
June 5, 2003, the bill was ordered to be reported as amended by
voice vote from the full committee. On September 30, 2003, H.R.
2086 was passed by the House of Representatives by voice vote
under suspension of the rules.
The purpose of H.R. 2086 is to reauthorize the Office of
National Drug Control Policy [ONDCP] within the Executive
Office of the President for 5 years, through the end of fiscal
year 2008. It also renews congressional authorization for
national programs administered by ONDCP, including the National
Youth Anti-Drug Media Campaign and the High Intensity Drug
Trafficking Areas [HIDTA] program. The office was originally
created in 1988 and is the President's principal adviser with
respect to drug control policy development and program
oversight. ONDCP's current statutory mission is to guide the
Nation's efforts to both reduce the use, manufacturing, and
trafficking of illicit drugs, and to reduce the associated
crime, violence, and health consequences of illegal drug use.
H.R. 2086 makes some significant revisions to current law
that will enhance the effectiveness and accountability of the
National Drug Control Strategy and its programs, streamline and
simplify the process for its development, and provide increased
flexibility to the ONDCP director to respond to changing
circumstances. For example, the subcommittee has replaced an
inflexible legal requirement for a 5-year strategy guided by
pages of outdated statutory mandates with a flexible and
responsive annual strategy that still follows the same basic
principles to ensure a comprehensive and responsive drug
strategy.
The subcommittee has also worked in many areas to improve
performance measurement for the annual strategy, Federal drug
control programs, ONDCP programs, and even some private sector
efforts to ensure that these programs will be effective and
accountable. For example, H.R. 2086 requires the Director to
conduct a specific evaluation of the performance of each
Federal agency in carrying out its responsibilities under the
strategy each year, and mandates for the first time ever that a
uniform system be developed to evaluate the effectiveness of
drug treatment programs in the United States. The bill also
provides for direct evaluation of the effectiveness of the
Media Campaign and its individual ads.
Another key theme of H.R. 2086 is to ensure that ONDCP
programs, most notably the HIDTA program and the Media
Campaign, remain directed to their original intent and purpose
in areas where oversight activities have clearly demonstrated
some lack of focus. Finally, the bill is intended to ensure
that the Federal Government maintains appropriate attention and
resources directed to drug control, which recently has been
subjugated to other purposes and policies.
On the treatment side, the subcommittee's bill enables the
Director to continue his strong leadership on behalf of the
President's ``Access to Recovery'' initiative to ensure that
all Americans who need drug treatment can get it. H.R. 2086
gives him enhanced authority to coordinate scientific research
on what makes treatment effective, and required annual
reporting of whether and how Federal treatment programs have
worked.
Concerning drug prevention, H.R. 2086 reauthorizes the
Media Campaign for 5 years. It is the main national program to
reach vulnerable youth with important anti-drug messages, but
it must remain focused in order to ensure its effectiveness.
The bill also attempts to require a tighter prevention focus in
budgeting for the Safe and Drug Free Schools program by
ensuring that each of its activities includes a clear anti-drug
message. The subcommittee has also sent a strong bipartisan
signal in the bill that marijuana use is clearly harmful to our
children and to non-users and must continue to be firmly
resisted.
With respect to law enforcement, the subcommittee has
attempted to ensure that adequate budget resources be directed
to drug enforcement, which has been drained in recent months by
other national priorities. This is a critical issue which must
continue to be carefully addressed by the executive branch.
Drug cartels must know that Federal law enforcement agencies
will devote their full efforts to dismantling their
organizations.
Finally, regarding the drug supply, H.R. 2086 attempts to
facilitate resources and coordination for interdiction
programs, provides for a new assessment by the Director of
whether foreign nations are fully cooperating with our efforts,
and requires the issuance of a new strategy to deal with the
accelerating problem of Colombian heroin.
H.R. 3634, The Drug Addiction Treatment Expansion Act
Drug addiction treatment is an important battleground in
American's war on drugs, and is also an area in which the
subcommittee has been active. On November 21, 2003, Chairman
Souder, Chairman Davis, and Ranking Member Cummings introduced
H.R. 3634, the Drug Addiction Treatment Expansion Act.
In 2000, Congress passed (as part of Public Law 106-310)
the Drug Addiction Treatment Act [DATA], to expand treatment
options for patients addicted to opiates. Under this law,
patients are no longer required to seek treatment only through
public methadone clinics. Effective treatment is now available
in the offices or clinics of qualified individual physicians,
specially trained to provide addiction treatment.
To address concerns about potential abuse or diversion of
the treatment medications, DATA includes a limit of 30 patients
per treating physician. Regrettably, the law applies that same
limit to group practices, which is having the effect of
limiting access for patients who receive their care in group
practices such as managed care groups or academic medical
centers.
Today, estimates show that there are almost 1 million
heroin addicts and over 3 million prescription opiate abusers
who are in need of treatment: only about 150,000 treatment
placements are available for methadone maintenance. Although
DATA was designed to alleviate this treatment capacity gap, the
group practice 30-patient limit means that large group
practices can only treat 30 out of thousands of potential
opiate-dependent individuals who may seek treatment.
H.R. 3634 will resolve this problem by eliminating the
requirement that group practices be limited to 30 patients,
while leaving in place the 30-patient limit for individual
practitioners. In that way, potential for diversion continues
to be minimized, but the necessary expanded access to treatment
envisioned by DATA will be a reality for all patients,
regardless of where they receive their medical care.
DEPARTMENT OF HOMELAND SECURITY
Among the Government Reform Committee amendments proposed
to H.R. 10, the 9/11 Recommendations Implementation Act, five
of them were derived from oversight conducted by the
subcommittee, and were designed to strengthen the Department of
Homeland Security's ability to stop the ability of terrorist
organizations to finance their activities through drug
trafficking. The proposals sought to promote two key objectives
to deprive terrorists of their means of financing their
operations: first, strengthening the effectiveness of the
Department's narcotics interdiction efforts; and second,
improving coordination and cooperation among the Department's
subdivisions and between the Department and other agencies with
counterterrorism missions. As the 9/11 Commission reported,
``We recommend significant changes in the organization of the
government. . . . Good people can overcome bad structures. They
should not have to.'' (See 9/11 Commission Report, 399).
1. Counternarcotics Office at DHS
The first provision--which was included as Section 5025 of
H.R. 10--would add a new Section 878 to the Homeland Security
Act of 2002, which created the new Department. At present, the
Counternarcotics Officer is not actually an employee of DHS;
instead, he is a detailee employed by the Office of National
Drug Control Policy [ONDCP]. Furthermore, he has no authority
to hire staff to assist him. The current law also fails to
clearly define how the Counternarcotics Officer is to carry out
his responsibilities.
The new Section 878 would rectify this problem by (1)
replacing the CNO with a Director of Counternarcotics
Enforcement, subject to Senate confirmation and reporting
directly to the Secretary; (2) assigning specific
responsibilities to the new Director, including oversight of
DHS counterdrug activities and the submission of reports to
Congress; and (3) authorizing permanent staff assigned to an
Office of Counternarcotics Enforcement, as well as detailees
from relevant agencies, to assist the Director.
2. Use of Counternarcotics Performance for Certain DHS Personnel
Evaluations
The second provision--included as Section 5026 of H.R. 10--
would add a new Section 843 to the 2002 Act, ensuring that
employees involved in counternarcotics activities will be
evaluated in part on the basis of such activities. It is vital
that DHS encourage its law enforcement personnel to continue
their efforts to stop illegal drug trafficking. Regrettably, it
is unclear whether drug enforcement is being given sufficient
consideration by the Department in developing its employee
performance management system. A word search of the
Department's proposed new personnel rules (including those for
``performance management''), 69 Federal Register 8030-01
(February 20, 2004), shows that the words ``narcotic(s)'' and
``drug(s)'' do not appear at all.
New Section 843 would require DHS to include, as one of its
criteria in a performance appraisal system for relevant
employees, performance of counternarcotics duties. In order to
encourage such personnel to cooperate and coordinate efforts
with other agencies, the new Section also requires that this be
a factor for consideration in performance appraisals as well.
3. Reform of Law Enforcement Intelligence at the Department of Homeland
Security
This third provision--added to H.R. 10 by the full House as
Amendment No. 29--sought to reform law enforcement intelligence
at the Department of Homeland Security. The shortfalls in
intelligence and information sharing described by the 9/11
Commission were not confined just to the FBI and the CIA. The
agencies that make up the new Department of Homeland Security
have also suffered from a lack of coordination and cooperation.
This problem has in the past hampered our ability to screen
persons and goods crossing U.S. borders. The ``stovepipe''
mentality at many agencies has resulted in duplicative systems
that don't communicate with each other--meaning that
potentially vital information about a threat at one agency is
never shared with the agency that could potentially stop that
threat.
A partial listing of the information gathering and
intelligence units, task forces and fusion centers that support
Homeland Security includes the following organizations.
1. Within the Executive Office of the President is the
Office of National Drug Control Policy [ONDCP]. Within ONDCP,
are the following:
-- Counterdrug Intelligence Coordination Group [CDICG]
-- Counterdrug Intelligence Executive Secretariat
[CDX]
-- LHigh Intensity Drug Trafficking Areas [HIDTA]
program with associated Regional Intelligence Centers
[RIC]
2. Within the Department of Homeland Security [DHS] are the
following:
a. Intelligence Analysis and Infrastructure Protection
[IAIP] directorate
b. DHS Operations Center [HSOC]
c. the proposed Border Interdiction Support Center
[BISC]
d. Transportation Security Administration [TSA]
-- Transportation Security Operations Center [TSOC]
e. U.S. Coast Guard
-- Intelligence Coordination Center [ICC]
-- Maritime Intelligence Fusion Centers [MIFC]
-- Field Intelligence Support Teams [FIST]
-- National Vessel Movement Center [NVMC]
-- Maritime Intelligence Center [MIC]
f. Bureau of Immigration and Customs Enforcement [ICE]
-- Law Enforcement Support Center [LESC]
-- Money Laundering Coordination Center [MLCC]
-- Tactical Intelligence Center [TIC]
-- ICE Operations Center [IOC]
-- Field Intelligence Units [FIU]
g. Bureau of Customs and Border Protection [CBP]
-- Border Patrol Field Intelligence Center [BORFIC]
-- Air and Maritime Operations Center [AMOC]
-- National Targeting Center [NTC]
3. Department of Justice [DOJ]
a. National Drug Intelligence Center [NDIC]
b. Federal Bureau of Investigation [FBI]
-- National Crime Information Center [NCIC]
-- Terrorist Screening Center [TSC]
-- Foreign Terrorist Tracking Task Force [FTTTF]
-- Joint Terrorist Task Forces [JTTFs]
c. Drug Enforcement Administration
-- El Paso Intelligence Center [EPIC]
-- Special Operations Division [SOD]
-- proposed Financial Attack Center [FAC]
d. Organized Crime Drug Enforcement Task Force [OCDETF]
program
-- proposed OCDETF Drug/Finance Fusion Center
4. Department of Treasury [DOT]
a. Financial Crimes Enforcement Network [FinCEN]
b. High-Risk Money-Laundering and Related Financial
Crimes Area [HIFCAs]
5. Director of Central Intelligence [DCI]
a. Crime and Narcotics Center [CNC]
b. Terrorist Threat Integration Center [TTIC]
6. Department of Defense [DOD]
a. Joint Inter-Agency Task Forces South/West [JIATFs]
b. Joint Task Force North [JTF-N]
c. National Maritime Intelligence Center [NMIC]
A partial listing of the databases and information
collecting, analysis and sharing systems used by the above
organizations includes the following:
1. Homeland Security Information Network [HSIN]
2. Department of Justice's Regional Information Sharing
System [RISS]
3. Department of Defense's Joint Regional Information
Exchange System [JRIES]
4. FBI's Law Enforcement Online system [LEO]
5. Intelligence Community's Open Source Information
System [OSIS]
6. The National Law Enforcement Telecommunication
System [NLETS]
7. Anti-Drug Network-Unclassified [ADNET-U]
8. Department of State's OpenNet Plus
9. The Automated Regional Justice Information System
[ARJIS]
10. The Southwest Border States Anti-Drug Information
System [SWBSADIS]
11. The Southwest Border's Criminal Information Sharing
Alliance Network [CISAnet]
12. The Law Enforcement Agency Data System [LEADS]
This provision would direct the Secretary of Homeland
Security to ensure that appropriate personnel with security
clearances who are engaged in border and transportation
security have access to relevant law enforcement and
intelligence information maintained by DHS; direct the
Secretary to take appropriate steps to consolidate databases or
systems used by different agencies in the Department; improve
information sharing between the Border and Transportation
Security Directorate and the Information Analysis and
Infrastructure Protection Directorate within DHS; require a
report to Congress containing an overview of all of the
agencies, databases, and other capabilities within DHS involved
in intelligence relating to terrorism, drug trafficking,
illegal immigration, screening, investigations, and inspection
of goods or individuals entering the United States; direct the
Secretary to ensure that information and intelligence sharing
is subject to appropriate limitations and legal safeguards; and
direct the Secretary to submit a plan to Congress to improve
information and intelligence sharing within the Department.
Please see adjoining diagram, ``Homeland Security
Information and Intelligence Sharing.''
[The information referred to follows:]
4. Transfer of Legacy Customs Office of Air and Marine Operations to
Bureau of Customs and Border Protection
The fourth provision--proposed by subcommittee Chairman
Souder but not included in the final version of H.R. 10--would
have transferred the legacy Customs Office of Air and Marine
Operations [AMO] to the Bureau of Customs and Border Protection
[CBP]. The Office of Air and Marine Operations [AMO] was first
created in 1969 as a branch of the legacy U.S. Customs Service.
AMO has provided our Nation's primary defense against the
smuggling of narcotics and other contraband through the air or
in the territorial waters of the United States. Since the
terrorist attacks of September 11, the Office has taken on
additional homeland security functions.
When DHS was created, AMO was administratively assigned to
the Bureau of Immigration and Customs Enforcement [ICE]. This
assignment (made when Customs and INS were merged in March
2003) has had the unfortunate effect of dividing AMO from its
partners within the Bureau of Customs and Border Protection
[CBP]. (After Mr. Souder first proposed this amendment, DHS
administratively transferred AMO to CBP in October 2004.)
This amendment would have statutorily placed AMO directly
under CBP. AMO would have been headed by an Assistant
Commissioner of CBP, who would have reported directly to the
Commissioner (ensuring that AMO would not be submerged under
another subdivision of CBP, potentially diluting its
interdiction mission). The provision would also have required a
separate line item for AMO in the President's annual budget
submissions, and included a ``sense of Congress'' resolution
emphasizing the importance of maintaining AMO's primary focus
of counterdrug enforcement.
5. Transfer of ``Shadow Wolves'' Native American Customs Patrol
Officers to Bureau of Immigration and Customs Enforcement
The final proposal by subcommittee Chairman Souder--which
ultimately was not included in H.R. 10--dealt with an anti-drug
trafficking unit known as the ``Shadow Wolves.'' The Shadow
Wolves comprise a specialized unit of Customs Patrol Officers
[CPO], created by Congress in 1972, patrols the international
land border within the Tohono O'odham sovereign Indian nation
in the State of Arizona.
This unit has proven to be one of the Nation's most
valuable assets against narcotics smuggling. The Shadow Wolves
officers are Native Americans who combine modern technology and
ancient tracking techniques to identify, follow and arrest
illegal drug smugglers along the 76 miles of border and 2.8
million acres within the Tohono O'odham Nation. Each year, the
21 agents in the Shadow Wolves unit have combined to seize over
100,000 pounds of illegal narcotics. Chairman Souder and the
subcommittee staff met with the Shadow Wolves in Sells, AZ in
2003, and observed their tactics and expertise in action.
After the creation of the Department of Homeland Security,
the Shadow Wolves unit was transferred to the bureau of Customs
and Border Protection, and placed under the administrative
control of the Tucson Sector of the U.S. Border Patrol. This
reorganization has produced uncertainty and a lack of clear
direction for the Shadow Wolves unit--because they don't fit in
with the Border Patrol's mission and ethos. Unlike Border
Patrol agents, the Shadow Wolves don't just watch the line;
they identify and track drug smugglers and attempt to locate
their routes and distribution centers. The resulting
uncertainty is having a severe impact on the Shadow Wolves,
whose numbers are shrinking.
Chairman Souder's amendment (which was subsequently
introduced as an independent piece of legislation, H.R. 5346,
the ``Shadow Wolves Border Defense Act'') would have
transferred the unit to the Bureau of Immigration and Customs
Enforcement [ICE]. The Shadow Wolves' work most closely
resembles that of ICE Special Agents who investigate and
attempt to bring down large drug smuggling operations. ICE is
therefore the most natural home for the Shadow Wolves unit. The
amendment would also have set the pay scale of the Shadow
Wolves on the same rate as Special Agents at ICE, who have
similar work responsibilities and expertise.
This amendment would also have authorized new units,
similar to the Shadow Wolves, to operate on other similarly
situated Indian reservations--including the Akwesasne (Mohawk)
Reservation in upstate New York, which has a similar drug
smuggling problem.
Oversight
The subcommittee's oversight hearings, briefings, site
visits, and congressional correspondence concerning the
problems of drug abuse facing the United States informed the
subcommittee's findings which resulted in the language of H.R.
2086, the Office of National Drug Control Policy
Reauthorization Act of 2003, and H.R. 3634, the Drug Addiction
Treatment Expansion Act, discussed above.
The subcommittee conducted authorization and oversight
activity on the following matters during the second session of
the 108th Congress:
DRUG POLICY
ONDCP Reauthorization
The subcommittee will continue to oversee matters relating
to H.R. 2086, the House-passed bill to reauthorize the Office
of National Drug Control Policy and its programs. In addition
to the office itself, many of its subsidiary programs are
reauthorized in this legislation, most notably the High
Intensity Drug Trafficking Area program and the National Youth
Anti-Drug Media Campaign.
Methamphetamine Oversight
In the course of the subcommittee's numerous hearings on
the subject of methamphetamine trafficking and abuse, it became
clear that this drug--perhaps more than any drug since the
crack cocaine epidemic of the early 1980's--presents the
greatest problem for State and local law enforcement. This is
so not because it is the most widely used drug--meth abuse
probably accounts for less than 10 percent of the total drug
abuse in the United States--but rather because meth trafficking
creates such a massive drain on law enforcement resources. Meth
addicts commit a large number of crimes, and in some parts of
the country a large percentage of arrestees test positive for
the drug. Moreover, although proliferating small meth labs do
not produce large amounts of meth, they create health hazards
for citizens and police, and require major clean-up costs.
The subcommittee's findings suggest that Congress and the
Federal Government must seek new ways to assist State and local
law enforcement in dealing with this problem. Chairman Souder
accordingly has introduced two pieces of legislation, H.R. 5347
(the ``Methamphetamine Abuse Prevention Act''), which would
regulate sales of products containing meth precursor chemicals
(such as pseudoephedrine), and H.R. 5345, which would authorize
grants to States to set up ``Meth Watch'' programs (modeled on
those in Kansas and Washington State) that bring together law
enforcement and retailers to limit the diversion of precursor
chemicals to meth traffickers. By cutting down on the supply of
precursor chemicals, the government can reduce the number of
meth labs and the corresponding drain on law enforcement
resources.
State Drug Legalization Initiatives
Despite past successes and the intense efforts of the drug
legalization movement in several States, ballot initiatives to
legalize or decriminalize certain drug uses under State laws
were defeated nationwide in November 2002 and 2004. The
subcommittee will continue to work to find the best and most
suitable approach to continue strong opposition at the Federal
level to drug legalization and decriminalization in 2004.
On Thursday, April 1, 2004, the subcommittee held a public
hearing to explore the numerous scientific and medical claims
being made about marijuana, and the real health impact the drug
has on individuals. The hearing examined the potential impact
that bypassing Federal regulations of medical drugs--as various
State laws that purport to legalize marijuana as medicine do--
may have on consumer health and safety. This hearing provided
an opportunity for representatives of Federal and State
agencies, with the responsibility for regulating drugs and the
practice of medicine, as well as representatives of the medical
and scientific communities, to discuss these issues and suggest
solutions.
International and Interdiction Issues
Air Bridge Denial Program.--The United States assists
foreign governments under the Air Bridge Denial program to
intercept suspected drug trafficking aircraft in the Andean
region of South America. The program was suspended after the
Peruvian government shoot down of an innocent missionary plane
and resulting loss of life. The subcommittee continues to
examine the practical and residual obstacles the administration
must overcome before the resumption of this program can
continue.
Enhanced Focus on Drugs/Terrorism.--The subcommittee's
previous oversight activities have made us aware of numerous
pending drug cases with significant and very specific links to
international terrorism. The subcommittee continues to examine
how we best heighten public awareness of these cases and the
demonstrable links between the drug trade and terrorism.
Department of Homeland Security/Subordinate Budgets.--The
subcommittee remains vigilant to ensure that the Department of
Homeland Security does not reallocate resources away from
counterdrug activities.
Status of Colombia Programs and the Andean Counterdrug
Initiative.--President Uribe has significantly increased his
support for U.S. eradication programs in Colombia, which has
led to a fairly significant increase in activity and
effectiveness. In addition, the Plan Colombia equipment
provided for by Congress in earlier years is starting to arrive
in significant amounts. The subcommittee's oversight activities
in the area of international and interdiction issues include a
careful examination of U.S. support for Colombia's efforts in
drug eradication.
Drug Prevention and Treatment
Treatment Initiatives.--The President's ``Access to
Recovery'' initiative to increase the availability and
effectiveness of drug treatment is first year of operation. The
subcommittee will continue to examine how the program will be
implemented and what is likely to be the immediate impact for
Americans seeking treatment.
Status of Federal Prevention Programs.--The Federal
Government continues to have a largely uncoordinated and
frequently unfocused group of drug prevention programs. The
subcommittee will continue to examine how they can be better
coordinated and made more effective.
Drug Testing.--A study of Oregon students showed that
students who were regularly drug tested in schools are much
less likely to use illegal narcotics, and enhanced awareness of
testing has been a significant initiative of ONDCP Director
Walters. The subcommittee will continue to work to ensure that
the public is made aware of the importance of testing, and
identify which Federal programs can be accessed to facilitate
testing and accountability among youth.
LAW ENFORCEMENT
Needle Exchange Enforcement
Federal and State court opinions issued late last year in
New York City and Massachusetts held that participants in
needle exchange programs could not be arrested for drug use.
The subcommittee will continue to work with the Justice
Department and the Department of Health and Human Services to
ensure that public safety and public health will be upheld.
Effect of Homeland Security on Federal Law Enforcement
During the last Congress, the subcommittee conducted a
number of hearings on the impact which the creation of a
Department of Homeland Security might have on other Federal law
enforcement agencies--primarily examining whether the intense
focus on that single goal would adversely affect the resources,
focus, or personnel available to more traditional law
enforcement missions which did not disappear after September
11. Now that the Department has been established, these issues
will require ongoing attention to ensure the continued
effectiveness of the overall system.
Border
During the last Congress, the subcommittee carried out an
exhaustive review of U.S. border agencies and policies, as well
as the multitude of diverse and distinct issues represented at
individual crossings, both north and south. These activities
and field hearings were summarized in a lengthy interim
committee report. Field hearings were conducted in Sells, AZ,
Niagara Falls, NY, Detroit, MI and Las Cruces, NM.
NATIONAL PARKS
On February 17, 2004, the subcommittee sent a letter to the
National Park Service [NPS] regarding the potential censorship
of a book in Grand Canyon National Park bookstores, urging the
NPS to ensure that viewpoint discrimination was not taking
place and requesting information on NPS' policies and standards
for approving books for sale in its bookstores. NPS responded
on March 5, 2004, supplying pertinent management policies and
stating that it was facilitating a review of the book's
``appropriateness'' for sale. NPS indicated that it planned to
make a decision by March 2004; however, the review is still
underway. The subcommittee will continue to monitor this
situation in the next Congress.
On May 20, 2004, the subcommittee held a hearing entitled,
``Historic Preservation of the Peopling of America.'' This
hearing examined how the history of the immigration, migration,
and settlement of the population of the United States--the
peopling of America--is being preserved. The hearing
particularly considered how this story is preserved through
National Park Service [NPS] and community programs. It
investigated what stories on this theme are currently
represented and interpreted through NPS sites and National
Historic Landmarks, and how NPS connects these places to tell
the story of the peopling of America. The hearing also explored
how preservation of sites significant to this story and
education about these places can be improved. Despite over
77,000 listings on the National Register of Historic Places,
sites associated with the exploration and settlement of the
United States by a broad range of cultures are not well
represented.
The hearing discussed the challenges in identifying the
gaps in representation, made difficult by NPS' lack of a clear
system for identifying them. Representatives of community
programs also spoke to the pressing need to identify and
preserve these places before they are lost. The subcommittee
will continue to investigate means by which identification and
preservation of significant sites can be accomplished.
Witnesses included Dr. Janet Snyder Matthews, Associate
Director for Cultural Resources, National Park Service;
Katherine Toy, executive director, Angel Island Immigration
Station Foundation, San Francisco, CA; Ellen von Karajan,
executive director, Society for the Preservation of Federal
Hill and Fell's Point, and member, Board of Directors and
Fiscal Agent, Baltimore Immigration Project, Baltimore, MD; Dr.
Kathryn Wilson, director of education and interpretation,
Historical Society of Pennsylvania, Philadelphia, PA.
HUMAN RESOURCES/SOCIAL POLICY
Health and Social Policy Oversight
The subcommittee continued its agenda of oversight on
agencies responsible for health and social policies, focused
most prominently on bioethics (including human cloning and stem
cell research), human life issues, reproductive health, HIV
policy, health issues impacting illegal drug use. These
oversight activities are a continuation of those pursued by the
subcommittee in the 107th Congress.
Stem Cell Research
The subcommittee continued its oversight of stem cell
research. The subcommittee has learned that medical
breakthroughs continue to be discovered utilizing adult and
cord blood stem cells while embryonic stem cell research has
failed to produce any human treatments. To date, over 70 human
diseases are currently being treated with adult or cord blood
stem cells and numerous others are undergoing clinical trials.
Aggressive oversight by the subcommittee was necessary to
obtain this information from the National Institutes of Health
[NIH]. On October 8, 2002, the subcommittee first requested
that NIH provide ``a detailed report'' providing comprehensive
information about the medical applications of adult and
embryonic stem cells as well as stem cells from cloned embryos
and aborted fetuses. Over the next 2 years repeated follow-ups
with NIH to provide the subcommittee with this information went
unanswered. Subcommittee Chairman Souder and Government Reform
Committee Chairman Tom Davis sent a letter June 17, 2004
raising the possibility of pursuing ``other avenues to provide
the Department with additional incentives for full
cooperation.''
The following day, the subcommittee received a response
signed by Dr. James Battey, Director of the National Institutes
on Deafness and Other Communication Disorders [NIDCD] and
Director of the Stem Cell Task Force. The letter we received,
however, did not fully answer the questions we had posed. At a
meeting on July 2, 2004 between subcommittee staff and NIH
staff, Dr. Battey agreed that he and his colleagues would
assemble a comprehensive report as originally requested. The
subcommittee sent a letter to Secretary of Health and Human
Services Tommy Thompson re-iterating this commitment on July 9,
2004. Another letter was sent to NIH Director Elias A.
Zerhouni, M.D., on August 31, 2004.
A response from Dr. Battey was received on September 8,
2004. This letter provided the most comprehensive overview of
the successful outcomes of stem cell research. The findings
reflected that great medical advances continue to be made with
adult and cord blood stem cells but that embryonic stem cells
and human cloning research have failed to live up to the
enthusiasms of the popular press and are unlikely soon to yield
cures or treatments.
The subcommittee is deeply concerned that because this
information was not made public sooner countless patients
suffering from a variety of ailments have been manipulated with
false hopes over the potential of embryonic stem cell research
and cloning. The subcommittee supports continued efforts to
exhaust all ethical research avenues, including adult stem cell
research, to improve health.
HPV/Cervical Cancer Prevention
The subcommittee continued its oversight of Federal efforts
to prevent human papilloma virus [HPV] infection and cervical
cancer.
HPV infection is the primary cause of cervical cancer. The
virus is the cause of at least 99.7 percent of all cervical
cancers, which kills more women in America then AIDs. HPV is
also associated with more than 1 million pre-cancerous lesions,
oral cancer, cancer of the vagina, penis, anus, head and neck,
as well as genital warts. In addition, HPV has been detected in
some prostate tumors. In 2001, cervical cancer was estimated to
be the 12th most commonly new diagnosed cancer among women in
the United States. About 24 million Americans are currently
infected with HPV according to the National Cancer Institute
and an estimated 5.5 million Americans become infected with HPV
every year.
Scientific studies and public opinion polls continue to
show that few Americans are aware of HPV or its health risks.
The subcommittee is concerned that Federal agencies such as the
Centers for Disease Control and Prevention [CDC] and the Food
and Drug Administration [FDA] have been lax in implementing
Federal law that requires these agencies to take actions to
educate the public and health care providers about HPV.
Public Law 106-554, signed by President Clinton on December
21, 2000, requires the CDC to educate the public and health
care professionals about HPV prevention and directs the FDA to
``reexamine existing condom labels . . . to determine whether
the labels are medically accurate regarding the overall
effectiveness or lack of effectiveness of condoms in preventing
sexually transmitted diseases, including HPV.''
CDC failed to meet a statutory deadline of December 20,
2003 to issue a report outlining the ``best strategies to
prevent future infections, based on available science.''
As a result of aggressive oversight by the subcommittee,
the CDC did issue a report to Congress entitled, ``Prevention
of Genital Human Papillomavirus'' on January 30, 2004. The
report found:
Because genital HPV infection is most common in men
and women who have had multiple sex partners,
abstaining from sexual activity (i.e. refraining from
any genital contact with another individual) is the
surest way to prevent infection. For those who choose
to be sexually active, a monogamous relationship with
an uninfected partner is the strategy most likely to
prevent future genital HPV infections. For those who
choose to be sexually active but who are not in a
monogamous relationship, reducing the number of sexual
partners and choosing a partner less likely to be
infected may reduce the risk of genital HPV infection.
. . . The available scientific evidence is not
sufficient to recommend condoms as a primary prevention
strategy for the prevention of genital HPV infection.
The CDC's findings echo the scientific consensus, including
that of a 2001 report entitled ``Scientific Evidence on Condom
Effectiveness for Sexually Transmitted Disease [STD]
Prevention'' prepared by the National Institute of Allergy and
Infectious Diseases of the National Institutes of Health in
consultation with the FDA, the Centers for Disease Control and
Prevention and the U.S. Agency for International Development
which evaluated the published data on latex condoms and STD
prevention and ``concluded that there was no evidence that
condom use reduced the risk of HPV infection.''
Four years since the President Clinton signed the HPV
education law, the FDA has yet to include information of HPV on
condom labels and has failed to comply with the legal
requirements to re-label condoms to ensure that such labels are
``medically accurate.''
The subcommittee held a hearing on this issue on March 11,
2004 that featured the CDC and FDA and subcommittee staff has
held numerous meetings with FDA throughout the year to monitor
compliance with this law. The subcommittee is concerned that
FDA has failed to comply with the directives of this law and as
a result has compromised the agency's scientific integrity.
The subcommittee plans to continue to work with FDA and CDC
to ensure that the HPV education provisions of Public Law 106-
554 are fully implemented and that the public is given
scientifically accurate information to protect against HPV
infection and cervical cancer.
The subcommittee has consulted with officials of NIH and
other scientific experts to assist with the development of HPV
vaccines that could protect against infection and the
development of cervical cancer. Despite significant progress,
it appears unlikely that any vaccine that could protect against
all high risk strains of HPV is likely to be available in the
near future. Prevention, screening and treatment therefore
remain the best protections against the health risks associated
with HPV infection.
Nonoxynol-9
The subcommittee continued its oversight of Federal
regulation and labeling of products containing the microbicide
nonoxynol-9 (N-9), a spermicide lubricant that that has been
found to increase HIV infection risk. Studies have suggested
for 15 years that use of N-9 increases risk for HIV infection.
Nearly half--42 percent--of condoms sold in the United States
and many sexual lubricants are estimated to be lubricated with
N-9.
On June 21, the FDA provided answers to questions regarding
products containing N-9 previously posed by the subcommittee.
FDA acknowledges studies show N-9 does not protect against HIV
and other STDs but remains skeptical about data indicating N-9
may increase HIV risk. FDA will allow vaginal contraceptive
devices containing N-9 to remain on the market, but will
require new labeling informing users that N-9 does not protect
against HIV and other STDs ``and that frequent use by women at
risk for HIV may increase their risk of getting HIV.'' The new
N-9 warning label will not apply to condoms, but FDA is
reviewing labeling of condoms with N-9 ``to make sure that
information regarding appropriate use of this product is
properly presented to the consumer in light of new information
about the potential risks of N-9.'' FDA claims ``the data do
not support removal of [condoms with N-9] from the market.''
FDA does not address what actions, if any, the agency may take
to address sexual lubricants that contain N-9, primarily used
by men who have sex with men. This omission and continued
questioning of the scientific data regarding the health risks
of N-9 indicates additional oversight of the FDA is warranted.
At the request of the subcommittee, the General Accounting
Office [GAO] is conducting an investigation to determine the
role of Federal health agencies and condom companies in the
promotion and use of N-9 in the United States and the impact N-
9 use has had on HIV rates. GAO expects to complete its work
and issue a report in 2005.
HIV/AIDS
The subcommittee continued its oversight of domestic and
global HIV/AIDS efforts. The subcommittee applauds of the
leadership of President George W. Bush in addressing this
pandemic, particularly the administration's focus on science
based prevention, early diagnosis, access to treatment and
including the faith community in prevention and care efforts.
With hundreds of Americans on waiting lists for access to
the AIDS Drug Assistance Program [ADAP] and tens of millions
around the world with no access to any AIDS care, the
subcommittee remains concerned that many Federal resources that
could be better prioritized on direct lifesaving medical care
are being misspent on less pressing needs. During the past
year, the subcommittee identified more than $133 million in
misspent Federal AIDS dollars.
AIDS ``conferencing'' continues to siphon away significant
resources from health care programs to subsidize multiple
gatherings of advocates. The U.S. Federal Government paid to
send more than 200 individuals, including 130 Federal
employees, to the 15th International AIDS Conference held in
Bangkok, Thailand, in July 2004. The total cost of this
conference to the U.S. Federal Government totaled over
$500,000. The Health Resources and Service Administration
[HRSA] spent approximately $2 million on a single conference
held in August 2004 in Washington, DC. The Department of
Housing and Urban Development [HUD] spent more than $15,000 for
another AIDS conference held in Philadelphia, PA, in October.
CDC, NIH, HRSA and other Federal agencies funded a number of
other conferences related to HIV/AIDS throughout the year.
The subcommittee supports efforts to develop HIV vaccines
and believes this goal should be among the highest of our
national health care priorities. The subcommittee is concerned,
however, that significant amounts of resources intended for HIV
vaccine research are being misspent. NIH is spending $119
million on an HIV vaccine study in Thailand that analyzes two
components that have both failed to protect against HIV
infection in previous studies. One of the components of the
vaccine called gp120, which has completed phase III trials,
``failed completely in providing any degree of protection to
HIV infection,'' according to Dr. Robert W. Doms, chairman of
the department of microbiology at the University of
Pennsylvania. The other component, called ALVAC, has had
unimpressive results in trials, he adds. ``Combining something
that's failed with something that has not been terribly
impressive doesn't seem to provide a good rationale for
proceeding with such a large and costly trial,'' according to
Doms. Twenty-two leading HIV researchers including Dr. Robert
Gallo, the co-discoverer of the AIDS virus, wrote a letter
published in the January 16, 2004 issue of Science critical of
the continued funding for this project. In June, officials
announced that this study would be delayed due to a lack of
volunteers (the project has attracted less than one-third of
the planned number of participants). This costly study has
neither support from the scientific community or the public
that is necessary to go forward with the research.
In addition, NIH spends more than $1 million every year
promoting HIV vaccine ``awareness,'' when no such vaccine even
exists of which to be aware. The President's 2005 budget
request, in fact, extends the goal of developing an HIV vaccine
from 2007 to 2010 ``to more realistically reflect the state of
the science.'' The subcommittee feels strongly that HIV vaccine
research dollars should be spent on research rather than costly
and unnecessary public relations campaigns that do little or
nothing to fulfill the goal of developing an effective HIV
vaccine.
Fraud and abuse of Federal AIDS funding has also undermined
efforts to provide care to those affected by HIV/AIDS. In the
past year, the subcommittee has learned of numerous cases of
AIDS funding abuse that have cost in excess of $10.5 million.
An October 7, 2004 GAO report found ``little assurance that
the $936,285 reimbursed to South Shore (South Shore Hospital
and Medical Center) was used as intended to serve HIV/AIDS
clients'' provided under Title I of the HRSA administered Ryan
White CARE Act in Miami-Dade County, FL.
Another GAO review of CARE Act funds in San Francisco dated
August 27, 2004, found $216,461 in Federal AIDS funds were
spent by Baker Places on ``unallowable costs.'' GAO also called
for an evaluation of ``the allowability of $80,776 claimed for
housing services that may not have met the intent of CARE Act
Title I, and make a refund as appropriate.''
In October 2004, the Arkansas Department of Health revealed
that it is investigating its AIDS division to determine whether
some of the $8.2 million it receives in Federal AIDS funding
has been misspent. The Arkansas Health Department terminated
the contract of one organization that received funding, finding
that $53,592.85 of its program expenses could not be adequately
documented. Other groups received increasing amounts of funding
without documenting their work, leaving the Health Department
unsure of what services were provided. The agency cannot locate
reports showing results for one $40,000 grant. Another group's
1-year $25,000 grant increased to $100,000 before the Health
Department learned that the grant provided classes for only
seven people in 10 months. Another audit found that the agency
inappropriately paid four department employees a total of
$17,566.66, much of which was not supported by travel receipts.
These questionable spending reports have surfaced at the same
time that shortfalls for Arkansas' ADAP have forced people with
HIV onto a waiting list for medication.
In July 2004, Federal auditors directed University of
Southern California [USC] to pay back more than $1 million in
government funds because of the university's lapses in managing
a program to train HIV/AIDS counselors for minority
communities. USC's program was shut down by Federal officials
in 2001 in response to concerns about conflict of interest,
improper research procedures and misuse of Federal funds. The
resulting audit uncovered further evidence of those problems
and said the program failed in its goal of training HIV/AIDS
counselors, or ``peer treatment educators.''
In June 2004, the HUD Office of Inspector General [OIG]
released an audit report that found a Washington, DC, AIDS
charity spent thousands of dollars of Federal grant money on
cigarettes, movie tickets and bingo games. The charity, Safe
Haven Outreach Ministry Inc., also could not account for how it
spent more than $1.1 million in Federal grant money since 1997.
Under that Federal grant, Safe Haven officials charged more
than $3,800 for movie tickets, cigarettes, Christmas
decorations and weekly bingo games, HUD investigators found.
In May 2004, an audit by the HUD OIG reported that the
Peninsula AIDS Foundation of Newport News, VA, may have misused
some of the Federal grant money it received. The Federal funds
were intended for programs that help those with HIV/AIDS and
their families to pay for housing, transportation and other
services. In the report given to HUD on May 17, the auditors
concluded that Peninsula AIDS Foundation officials had no
records to show how the organization used nearly $340,000--or
96 percent--of a $353,562 grant.
In May 2004, CDC ceased Federal funding of the Stop AIDS
Project of San Francisco. The Stop AIDS Project had received
hundreds of thousands of dollars in Federal funds that it has
used to host questionable programs, including ``flirting
classes.'' Neither CDC nor the Stop AIDS Project could provide
any scientific proof to demonstrate that these were effective
in preventing HIV.
In May 2004, two South Beach Miami, FL, AIDS clinics were
charged for defrauding Medicare for $5.4 million on false
claims for drugs that were either not provided, not given as
claimed or not medically necessary.
In March 2004, Norfolk, VA officials revealed the regional
Ryan White CARE Act program failed to spend about $1 million of
its $5 million grant, even though as many as 900 eligible HIV-
positive residents in Hampton Roads are not receiving care. The
area's accumulated amount of unspent funds was $2.6 million,
enough to cover all health-care expenses for Ryan White CARE
patients for a year in the area. Norfolk's AIDS program has
faced other problems. A contract dispute last year led to the
suspension of payments for some prescription drugs not directly
related to HIV, including pain relievers, anti-depressants and
insulin. Another contract dispute forced other clinics to close
for 3 months.
Education
The subcommittee has examined how science education
standards are being developed and implemented in States in
accordance with the No Child Left Behind Act of 2001 (Public
Law 107-110) and its conference report (H.R. 107-334).
The enactment of the No Child Left Behind Act of 2001
[NCLB] (Public Law 107-110) represents the first time States
will be required by Federal law to put in place statewide
science education standards and assessments. During September
and October 2004, the subcommittee sent letters to State
education officials requesting information on States' science
standards and assessments under NCLB. The letters requested
information on the States' processes for developing and
implementing these requirements, as well as the impact of
language from the NCLB's conference report supporting academic
freedom in science education. The subcommittee is now receiving
responses to these requests and compiling the information as
part of its oversight of the Department of Education.
Faith-Based Initiatives
The subcommittee continued its oversight of the
administration's Centers for Faith and Community Based
Initiatives, and has worked regularly with administration
officials on the development of executive branch policies to
promote faith-based charities, the status of pilot programs,
and on pending legislative proposals on the issue and outreach
to the faith-based social provider community.
A total of eight hearings were held by the subcommittee in
order to understand and demonstrate the credibility and reach
of the President's Office of Faith-Based and Community
Initiative. Seven of these hearings were held in the field to
hear directly from a total of 60 grassroots leaders. Each made
extensive comments on the conditions surrounding their
organization's efforts, if and/or how they interacted with the
government and where they saw the best path forward.
Hearings
1. ``Recovery Now Initiative,'' February 27, 2003; Serial No. 108-7
a. Summary.--This hearing focused on the ``Recovery Now''
drug treatment initiative proposed by President George W. Bush
in his State of the Union Address on January 28, 2003. The
President proposed a $600 million initiative (over 3 years) to
significantly enhance the availability and accountability of
drug treatment in the United States. The initiative created a
voucher program to supplement existing treatment programs
intended to address the currently assessed shortfall in the
availability of drug treatment in the United States. The
program is intended to provide sufficient funding to make drug
treatment available to the vast majority of Americans who need
assistance, but cannot enroll in a course of treatment. By
using vouchers, ``Recovery Now'' is intended to make treatment
more accessible and available by allowing drug users to get
Federal assistance through a broader network of treatment
providers. Funding would be available to a wide range of
providers, including health care providers, faith and community
based programs, community organizations, workplaces, and
schools.
The subcommittee heard testimony from senior administration
officials responsible for administering and evaluating existing
drug treatment programs, which described the President's new
proposal and discussed its implications with the Members. The
subcommittee also heard testimony from treatment providers from
local communities, who discussed their approaches to substance
abuse treatment and the impact that the President's initiative
could have. The subcommittee continues to closely monitor this
new initiative as part of its ongoing study of drug treatment
in the United States.
b. Witnesses.--John Walters, Director, Office of National
Drug Control Policy; Charles Curie, M.A., A.C.S.W.,
Administrator, Substance Abuse and Mental Health Services
Administration; and Jude Boyer-Patrick, M.D., M.P.H.,
Hagerstown, MD.
2. ``ONDCP Reauthorization and the National Drug Control Strategy for
2003,'' March 5, 2003; Serial No. 108-15
a. Summary.--The subcommittee held an oversight hearing on
March 5, 2003 to examine the annual National Drug Control
Strategy for 2003, issued by the Office of National Drug
Control Policy [ONDCP]. The strategy, issued in February of
each year, outlined the administration's comprehensive approach
to the issue of drug abuse--whether law enforcement, treatment,
or prevention. This year, the hearing also addressed the
pending reauthorization of ONDCP.
ONDCP Director John Walters testified on behalf of the
administration. In discussing the 2003 strategy, Director
Walters outlined the basic approach to drug abuse taken by
President Bush, which emphasizes compassionate care for those
addicted to drugs, common-sense prevention targeted especially
at young people, and effective law enforcement designed to
disrupt the illegal market for drugs. The subcommittee also
heard testimony concerning the administration's proposals for
the reauthorization of ONDCP and its programs. The subcommittee
has since drafted and reported a reauthorization statute (H.R.
2086), and actively monitored the progress of this legislation,
and the general implementation of the National Strategy.
b. Witnesses.--John Walters, Director, Office of National
Drug Control Policy.
3. ``The Impact of the Drug Trade on Border Security and National
Parks,'' field hearing in Sells, AZ, March 10, 2003; Serial No.
108-19
a. Summary.--The subcommittee held a field hearing in
Sells, AZ, the administrative seat of the Tohono O'odham
Nation, a sovereign tribal region that straddles the Arizona-
Mexico international border. The purpose of the hearing was to
examine the status of drug smuggling and other illegal activity
along the Arizona-Mexico border, particularly within the Nation
and other Federal lands, such as the Organ Pipe Cactus National
Monument (administered by the National Park Service). Recent
events, including the murder of Park Ranger Kris Eggle by drug
smugglers in 2002, illustrated the significance of the problem
in Arizona.
The subcommittee heard testimony from Federal and tribal
officials, and from concerned local citizens, about the
problems of cross-border crime and discussed potential
solutions. The subcommittee has closely monitored the situation
in Arizona and similar areas, and explored legislative and
other ways to bring assistance to local authorities in their
struggle to protect the country from narcotics smugglers and
other cross-border criminals.
After the hearing, Chairman Souder, Representative Shadegg,
and the subcommittee staff met with the unit of Customs Patrol
Officers known as the ``Shadow Wolves.'' The Shadow Wolves
comprise a specialized unit of Customs Patrol Officers [CPO],
created by Congress in 1972, patrols the international land
border within the Tohono O'odham sovereign Indian Nation in the
State of Arizona. This unit has proven to be one of the
Nation's most valuable assets against narcotics smuggling. The
Shadow Wolves officers are Native Americans who combine modern
technology and ancient tracking techniques to identify, follow
and arrest illegal drug smugglers along the 76 miles of border
and 2.8 million acres within the Tohono O'odham Nation. Each
year, the 21 agents in the Shadow Wolves unit have combined to
seize over 100,000 pounds of illegal narcotics.
Subsequent to Mr. Souder's visit, the Department of
Homeland Security transferred the Shadow Wolves unit to the
bureau of Customs and Border Protection, and placed it under
the administrative control of the Tucson Sector of the U.S.
Border Patrol. This reorganization has produced uncertainty and
a lack of clear direction for the Shadow Wolves unit--because
they don't fit in with the Border Patrol's mission and ethos.
Unlike Border Patrol agents, the Shadow Wolves don't just watch
the line; they identify and track drug smugglers and attempt to
locate their routes and distribution centers. The resulting
uncertainty is having a severe impact on the Shadow Wolves,
whose numbers are shrinking.
Chairman Souder has since proposed legislation to remedy
this problem, by transferred the Shadow Wolves back to the
bureau of Immigration and Customs Enforcement [ICE].
b. Witnesses.--Edward D. Manuel, chairman, Tohono O'odham
Nation; Joseph Delgado, assistant chief of police, Tohono
O'odham Police Department; David Aguilar, chief patrol agent,
Tucson Sector, U.S. Border Patrol; Dom Ciccone, Regional Chief,
National Wildlife Refuge System (Region 2), U.S. Fish and
Wildlife Service; William Wellman, Park Supervisor, Organ Pipe
Cactus National Monument, National Park Service; Hugh
Winderweedle, Port Director, Lukeville Port of Entry, U.S.
Customs Service; James Woolley, Assistant Special Agent in
Charge, Tucson Division Office, Drug Enforcement
Administration; Fern Salcido, Tohono O'odham Nation Legislative
Council Member; Augustine Toro, chairman, Chukut Kuk Boundary
Committee, Tohono O'odham Nation; Col. Ben Anderson, U.S. Army
(retired); Jennifer Allen, Border Action Network; and Rev.
Robin Hoover, president, Humane Borders, Inc.
4. ``ONDCP Reauthorization: The National Youth Anti-Drug Media
Campaign,'' March 27, 2003; Serial No. 108-17
a. Summary.--The subcommittee held a legislative hearing
concerning the reauthorization of the National Youth Anti-Drug
Media Campaign, which is administered by ONDCP. The campaign
provides Federal funding for television, radio, print and other
media advertisements designed to discourage drug abuse by young
people. It is the Federal Government's largest and most
important prevention (or demand reduction) program.
The subcommittee heard testimony from Members of Congress,
Federal officials responsible for the campaign, and from
private entities involved in the campaign. The subcommittee
drafted and reported legislation reauthorizing the campaign
(H.R. 2086), who's last authorization expired in 2002. The
subcommittee will continue to provide oversight of the
campaign, and to assist in final passage and enactment of the
reauthorization.
b. Witnesses.--Hon. Rob Portman, Member of Congress;
Christopher Marston, Chief of Staff, Office of National Drug
Control Policy; Steve Pasierb, president, Partnership for a
Drug Free America; David McConnaughey, Ogilvy & Mather; and
Peggy Conlon, president and chief executive officer, the Ad
Council.
5. ``ONDCP Reauthorization: The High Intensity Drug Trafficking Areas
Program and CTAC,'' April 8, 2003; Serial No. 108-52
a. Summary.--This legislative hearing focused on two
programs administered by ONDCP: the High Intensity Drug
Trafficking Areas [HIDTA] program, and the Counterdrug
Technology Assistance Center [CTAC]. Both of these programs
must be reauthorized by Congress, together with ONDCP, after
the current authorization expires in September 2003. HIDTA
seeks to foster Federal, State and local law enforcement agency
cooperation in areas designated as high intensity drug
trafficking areas by ONDCP, meaning that they are centers of
drug supply, importation or distribution that have a
significant impact on the Nation as a whole. Through the HIDTA
program, the Federal Government provides financial and other
assistance to set up local or regional task forces and
intelligence centers to fight drug trafficking organizations,
and to provide technology. The CTAC program seeks to foster
research and development of scientific methods of fighting drug
trafficking and treating drug abuse, and through its Technology
Transfer Program provides technology to local law enforcement
agencies.
The subcommittee heard testimony from administration
officials responsible for administering or participating in the
HIDTA and CTAC programs, and from State and local officials
with experience in dealing with these programs. The witnesses
and Members discussed how these programs can be improved
without sacrificing their core missions of furthering the
national struggle against drug trafficking and abuse. The
subcommittee has since drafted and reported legislation
reauthorizing both programs (H.R. 2086), and will continue to
work to bring this important legislation to the President for
his signature.
b. Witnesses.--Scott Burns, Deputy Director, Office of
State and Local Affairs, Office of National Drug Control
Policy; Roger Guevara, Chief of Operations, Drug Enforcement
Administration; Christy McCampbell, chief, Bureau of Narcotics
Enforcement, California Department of Justice; Wayne Wiberg,
commander, Narcotics and Gang Investigation Section, Chicago
Police Department; Lt. Col. Steve Moyer, chief, Homeland
Defense/Intelligence Bureau, Maryland State Police; Anthony
Romano, chief, Organized Crime Division, Baltimore Police
Department; Ron Burns, chief, Lakewood, CO Police Department;
and Peter Modafferi, chief of detectives, Rockland County, NY
District Attorney's Office.
6. ``The Impact of the Drug Trade on Border Security,'' field hearing
in El Paso, TX, April 15, 2003; Serial No. 108-70
a. Summary.--The subcommittee held a field hearing in El
Paso, TX to examine the status of drug smuggling and other
illegal activity along the Texas-Mexico border. The El Paso
region continues to be a major conduit for drug smuggling from
Mexico into the United States, as well as for other forms of
cross-border crime, such as illegal immigration and people
smuggling. State and local officials have often been
overwhelmed by the extent of the border crime problem, and have
sought greater Federal assistance.
The subcommittee heard testimony from Federal, State and
local officials, and from the business community and other
concerned local citizens, about the problems of cross-border
crime and discussed potential solutions. The subcommittee has
closely monitored the situation in Texas and similar areas, and
has explored legislative and other ways to bring assistance to
local authorities in their struggle to protect the country from
narcotics smugglers and other cross-border criminals.
b. Witnesses.--Paul Beeson, Assistant Chief Patrol Agent,
El Paso Sector, U.S. Border Patrol, Bureau of Customs and
Border Protection; Frank Deckert, Superintendent, Big Bend
National Park, National Park Service; Sandalio Gonzalez,
Special Agent in Charge, El Paso Division Office, Drug
Enforcement Administration; David Longoria, Interim Port
Director, El Paso Port of Entry, Bureau of Customs and Border
Protection; Carlos Leon, chief, El Paso Police Department; Leo
Samaniego, sheriff, El Paso County Sheriff's Department; Bob
Cook, president, Greater El Paso Chamber of Commerce; Ruben
Garcia, truancy prevention specialist, Ysleta Independent
School District; and Jose Luis Soria, clinical deputy director,
Aliviane Drug Treatment Center.
7. ``Improving Security and Facilitating Commerce at the Northern
Border,'' field hearing in Niagara Falls, NY, May 19, 2003;
Serial No. 108-73
a. Summary.--The subcommittee held a joint hearing with the
Select Committee on Homeland Security's Subcommittee on
Infrastructure and the Border (chaired by Representative Dave
Camp) at Niagara Falls, NY, to explore ways to improve security
and law enforcement, facilitate commerce, and ease travel
between the United States and Canada. The subcommittee has a
particular interest in addressing the growing problem of cross-
border crime at the Northern border.
The subcommittee heard testimony from Federal officials,
Members of the Canadian Parliament, State and local officials,
the business community, and concerned citizens about the issues
of border management in the region. The subcommittee has
closely monitored this situation, and will continue to work
with the Select Committee on Homeland Security in exploring
legislative and other solutions to these problems.
b. Witnesses.--Michael P. D'Ambrosio, Interim Director,
Field Operations, Buffalo Field Office, Bureau of Customs and
Border Protection; CDR Paul M. Gugg, Commanding Officer, Marine
Safety Office, Buffalo, NY, U.S. Coast Guard; Peter R. Moran,
Chief Patrol Agent, Buffalo Sector, U.S. Border Patrol, Bureau
of Customs and Border Protection; William J. Walker, Associate
Special Agent in Charge, New York Field Division, Drug
Enforcement Administration; Derek Lee, Member of Parliament,
House of Commons (Canada); John Maloney, Member of Parliament,
House of Commons (Canada); Thomas A. Beilein, sheriff, Niagara
County Sheriff's Department; Russell J. Deveso, chairman, New
York State Motor Trucking Association; Kevin Feely, president,
Chapter 154, National Treasury Employees Union; Dawn Hamilton,
director of strategic planning, WNED; Stephen F. Mayer, general
manager-operations, Buffalo and Fort Erie Public Bridge
Authority; and Dr. Andrew Rudnick, president, Buffalo Niagara
Partnership.
8. ``Faith-based Perspectives on the Provision of Community Services,''
field hearing in Franklin, TN, June 16, 2003; Serial No. 108-60
a. Summary.--This hearing, held in San Antonio, TX, served
as research in the area of the effectiveness of faith-based
organizations. The question was asked, ``What factors make the
faith-based organization uniquely qualified to provide social
services?'' This hearing was intended to begin consideration of
what, in the eyes of the providers, makes faith-based
organizations especially equipped to provide social services to
the community.
At this hearing the subcommittee heard from organizations
that provide community development and reconciliation, and
services to children, families, and prisoners. Witnesses
testified to the impact faith-based organizations can have in
bringing about a stronger community by helping to build
relationships between people of different race and class.
b. Witnesses.--Paige Pitts, founder, New Hope Academy,
Franklin, TN; Rev. Scott Roley and Rev. Denny Denson, Empty
Hands Fellowship, Franklin, TN; Onnie Kirk, the Family
Foundation Fund, Nashville, TN; John Lanza and Dennis Bradby,
Corrections Corp. of America, Nashville, TN; and Robert Flores,
Lighthouse Outreach Ministries, Inc., Lawrenceburg, TN.
9. ``The Role of Faith-Based Organizations in Providing Effective
Social Services,'' July 2, 2003; Serial No. 108-87
a. Summary.--This hearing was the first in a series of
oversight hearings designed to examine the role of faith-based
and community organizations in providing social services to the
needy in communities across the United States. Research in the
area of the effectiveness of faith-based organizations is
limited, and often largely anecdotal. The question remains as
to what factors make the faith-based organization uniquely
qualified to provide social services. This hearing was intended
to begin consideration of what, in the eyes of the providers,
makes faith-based organizations especially equipped to provide
social services to the community.
This hearing featured the juxtaposition of faith-based
substance abuse treatment providers. One organization was
deeply rooted in the belief that faith alone can assist an
addict in overcoming substance abuse, while the other which is
rooted in a faith tradition, believes that faith alone is not
the proper path to recovery, but recovery requires medical
care. Both organizations are committed to their approach, both
look to care for the whole person, and both have success in
bringing addicts to recovery, but they differ significantly in
the role that faith plays in the recovery process.
b. Witnesses.--Pastor Freddie Garcia, Victory Fellowship,
San Antonio, TX; Ninfa Garcia, Victory Fellowship, San Antonio,
TX; Jubal Garcia, Victory Fellowship, San Antonio, TX; Joe
Willome, Victory Fellowship, San Antonio, TX; Philip Dautrich,
program manager, InnerChange Freedom Initiative, Carol S. Vance
Unit, Richmond, TX; Greg Kepferle, executive director, Catholic
Charities of Central New Mexico, Albuquerque, NM; Mitch
Sudolsky, Jewish Family Service, Austin, TX; Leslie Grubbs,
program director, Urban Connection, San Antonio, TX; Milt
McFarland, Christian Assistance Ministry, San Antonio, TX; and
Mike Tellez, Character Kids, Las Cruces, NM.
10. ``Disrupting the Market: Strategy, Implementation, and Results in
Narcotics Source Countries,'' July 9, 2003; Serial No. 108-118
a. Summary.--A large number of significant issues relating
to drug supply reduction required careful consideration. This
hearing intended to make senior Federal officials, with
operational responsibility for narcotics supply issues,
available to the subcommittee.
Plan Colombia: U.S. assistance to the
Government of Colombia has led to the first meaningful
signs of success due to the strong support from
President Uribe.
Resource Allocation: A significant strain on
supply reduction resources caused by defense and
homeland security requirements has challenged drug
supply reduction efforts.
Emerging Threats: Emerging threats such as the
growth of Colombian heroin use on the East Coast of the
United States, the resumption of large-scale opium
production in Afghanistan and the expansion of emerging
and club drugs such as ecstasy, ``Yaba'' and others
have challenged traditional assumptions relating to
supply reduction and could require adjustments in
strategy.
Organizational Issues: What impact has the
creation of the Department of Homeland Security had on
supply reduction efforts, and what has been the
progress of implementation of legislation designed to
ensure adequate focus within the Department on drug
supply reduction?
Airbridge Denial Program: The Airbridge Denial
Program to provide intelligence to South American
governments relating to aerial narcotics smuggling has
been suspended for more than 2 years as a result of the
tragic shoot down incident in Peru. What effects has
the program suspension had on drug supply, and what has
been the cause of the lengthy delay in its restoration?
b. Witnesses.--Dr. Barry Crane, Deputy Director for Supply
Reduction, Office of National Drug Control Policy.
11. ``Facing the Methamphetamine Problem in America,'' July 18, 2003;
Serial No. 108-93
a. Summary.--This hearing, a follow-up to a hearing held in
July 2001, continued the subcommittee's ongoing study of
methamphetamine abuse, one of our Nation's most significant and
growing drug problems. The subcommittee discussed potential
legislative solutions to assist those agencies in the fight
against methamphetamine, including H.R. 834, the Clean, Learn,
Educate, Abolish, Neutralize, and Undermine Production [CLEAN-
UP] of Methamphetamines Act offered by Representative Doug Ose.
The subcommittee heard testimony from Federal and State law
enforcement officials concerning the rise in methamphetamine
trafficking and abuse, and discussed ways to address this
problem. The subcommittee has continued to monitor this issue,
and has recommended legislative or other changes in order to
bring assistance to law enforcement agencies.
b. Witnesses.--Hon. John Boozman; Hon. Ed Case; Roger E.
Guevara, Chief of Operations, Drug Enforcement Administration;
John C. Horton, Associate Deputy Director for State and Local
Affairs, Office of National Drug Control Policy; Captain
William Kelly, Commander, Narcotics Division, Sacramento County
Sheriff's Department; Brian J. Martinek, chief, Vancouver, WA
Police Department; and Sheriff Garry E. Lucas, Clark County, WA
Sheriff's Office.
12. ``How Can the Federal Government Assist State and Local Programs to
Protect Citizens and Communities Against Drug-Related
Violence,'' field hearing in Baltimore, MD, July 21, 2003;
Serial No. 108-106
a. Summary.--The subcommittee held a field hearing in
Baltimore, MD to explore potential ways the Federal Government
can assist State and local law enforcement agencies in
protecting citizens who assist the police in the fight against
illegal drugs. The murders of the Dawson family in Baltimore in
October 2002, in retaliation for the Dawsons' active attempts
to rid their neighborhood of drug dealers, have spurred calls
for greater protection of law-abiding citizens.
The subcommittee heard testimony from Federal, State and
local officials, as well as concerned local citizens, about
these pressing issues. One potential legislative solution, the
Dawson Family Community Protection Act (H.R. 1599), was
introduced by subcommittee Ranking Member Elijah Cummings. This
bill's provisions were included in the legislation
reauthorizing ONDCP, drafted and reported by the subcommittee
(H.R. 2086).
b. Witnesses.--Martin O'Malley, mayor, city of Baltimore;
Preston L. Grubbs, Assistant Special Agent in Charge, Baltimore
District Office, Drug Enforcement Administration; Thomas Carr,
Director, Baltimore/Washington High Intensity Drug Trafficking
Area; Alan C. Woods III, director, Governor's Office of Crime
Control and Prevention; Kevin P. Clark, commissioner, Baltimore
City Police Department; Lt. Col. David W. Czorapinski, chief,
Maryland State Police, Operations Bureau; Anthony Romano,
chief, Organized Crime Bureau, Baltimore City Police
Department; Gen. Arthur T. Dean (retired), chairman and CEO,
Community Anti-Drug Coalitions of America; Rev. Dr. Robert
Burley, Sr., president, Oliver Community Association and
Pastor, New Life Ministry Baptist Church; Dr. Linda S.
Thompson, coordinator, Baltimore Community Anti-Drug Coalition,
and Acting Chair and Associate Dean, University of Maryland
School of Nursing; and Rev. Iris Tucker, pastor, Knox
Presbyterian Church.
13. ``Federal Law Enforcement Personnel in the Post September 11 Era:
How Can We Fix An Imbalanced Compensation System?'' July 23,
2003; Serial No. 108-83
a. Summary.--The subcommittee held a joint hearing with the
Government Reform Committee's Subcommittee on Civil Service and
Agency Organization (chaired by Representative Jo Ann Davis)
concerning the challenges facing Federal law enforcement
agencies as they seek to restructure their personnel management
systems. Since the terrorist attacks on September 11, 2001, the
Federal Government has sought new ways to restructure itself in
response to new threats. The creation of the Department of
Homeland Security in 2002, merging many disparate agencies, has
necessitated a comprehensive review and reform of the law
enforcement personnel system.
The subcommittees heard testimony from Federal officials,
representatives of Federal employee unions, and other concerned
individuals about the issues facing our Nation's law
enforcement agencies. The subcommittee will continue to work
with the Civil Service Subcommittee and other relevant
committees to conduct oversight and pursue potential
legislative solutions.
b. Witnesses.--T.J. Bonner, national president, National
Border Patrol Council of the American Federation of Government
Employees, AFL-CIO; Inspector Louis P. Cannon, president,
District of Columbia State Lodge, chairman, Federal Officer's
Committee, Fraternal Order of Police; Kay Frances Dolan,
Department of Homeland Security; Richard Gallo, immediate past
president, Federal Law Enforcement Officers Association;
Ignatius Gentile, president, Department of Homeland Security
Council 117, American Federation of Government Employees;
Colleen M. Kelley, national president, National Treasury
Employees Union; Hon. Peter King (R-NY); Norman J. Rabkin,
Managing Director, Homeland Security and Justice Issues, U.S.
General Accounting Office; Mike Rogers; Nancy Savage, Federal
Bureau of Investigation Agents Association; and Joanne W.
Simms, Deputy Assistant Attorney General, Justice Management
Division.
14. ``Faith-based Perspectives on the Provision of Community
Services,'' field hearing in Chicago, IL, August 25, 2003;
Serial No. 108-101
a. Summary.--Research in the area of the effectiveness of
faith-based organizations is limited, and often largely
anecdotal. The question remains as to what factors make the
faith-based organization uniquely qualified to provide social
services. This hearing was intended to consider what factors
makes faith-based organizations especially equipped to provide
social services to the community.
Witnesses from organizations that reach out to male
prostitutes, children, addicts, and work to develop communities
discussed with the subcommittee the importance of partnerships
between government agencies at all levels, and the critical
importance that those relationships to not materially alter the
mission of the faith-based organizations.
b. Witnesses.--Pastor Jesse Beasly, Team 3, Inc., Fort
Wayne, IN; Richard Hart, Salvation Army, Chicago, IL; Beth
Truett, executive director, Partners In Education, Fourth
Presbyterian Church, Chicago, IL; Tim Sauder, executive
director, Gateway Woods Children's Home, Leo, IN; Mark Terrell,
CEO, Lifeline Youth and Family Services, Fort Wayne, IN; John
Green, executive director, Emmaus Ministries, Chicago, IL; Mary
Nelson, president and CEO, Bethel New Life, Inc., Chicago, IL;
Richard Townsell, executive director, Lawndale Christian
Development Corp., Chicago, IL; and Emmet Moore, 11th District
Police Steering Committee, Chicago, IL.
15. ``Implementation of National Supply Reduction Strategy,'' September
17, 2003; Serial No. 108-115
a. Summary.--Complementing its focus on the reauthorization
of the Office of National Drug Control Policy and the
President's initiative on drug treatment, the subcommittee held
hearings during the 108th Congress on narcotics supply issues.
This hearing made available to the subcommittee a senior
Federal official with policy responsibility for narcotics
supply issues from the Office of National Drug Control Policy,
as a follow-up to a hearing entitled ``Disrupting the Market:
Strategy, Implementation, and Results in Narcotics Source
Countries.''
Dr. Barry Crane, Deputy Director, Office of National Drug
Control Policy spoke about issues such as Plan Colombia, Air
Bridge Denial, resource allocation and emerging threats as well
as organizational issues and agency organization.
b. Witnesses.--Dr. Barry Crane, Deputy Director for Supply
Reduction, Office of National Drug Control Policy.
16. ``Strengthening the Long Arm of the Law: How Are Fugitives Avoiding
Extradition, and How Can We Bring Them to Justice?'' October 1,
2003; Serial No. 108-128
a. Summary.--The subcommittee held this hearing to assess
the status of the extradition process, whereby our law
enforcement agencies and courts attempt to bring fugitives in
foreign countries to justice for crimes committed in the United
States. Recent developments have put strains on the extradition
process, hindering or sometimes completely impeding the ability
of law enforcement to bring criminal fugitives to justice. In
particular, the decision of the Mexican Supreme Court to bar
extradition for anyone facing life imprisonment--even
murderers--has shielded many violent criminals from justice.
The subcommittee heard testimony from representatives of
Federal, State and local agencies with experience in the
extradition process, as well as the widow of a murder victim
whose killer fled to Mexico and remains at large. The
subcommittee will continue to monitor this issue, and to pursue
any legislative or other solutions.
b. Witnesses.--Bruce Swartz, Deputy Assistant Attorney
General, Criminal Division, U.S. Department of Justice; Samuel
Witten, Deputy Legal Advisor, Legal Bureau, U.S. Department of
State; James Fox, District Attorney, San Mateo County, CA,
Representing the National District Attorneys Association;
Daniel J. Porter, District Attorney, Gwinnett Judicial Circuit,
Georgia; and Teri March, widow of Los Angeles County, CA Deputy
Sheriff David March.
17. ``Drug Production on Public Lands--A Growing Problem,'' October 10,
2003; Serial No. 108-138
a. Summary.--The subcommittee held a joint field hearing at
Sequoia National Park, CA, with the Government Reform
Committee's Subcommittee on Energy Policy, Natural Resources
and Regulatory Affairs on the impact of drug production on
national parks, forests and other public lands. Recent years
have seen a dramatic rise in drug production, including
marijuana cultivation and methamphetamine labs, in these areas.
This presents serious challenges for drug enforcement and for
visitor and resource protection on public lands. The growing
techniques and dangerous chemicals associated with these
operations pose a significant environmental threat to protected
areas. Violent incidents involving armed guards at these
production sites also raise concern about safety for the
employees who work on these lands and the visitors who enjoy
them. Public lands in California, including national parks and
national forests, have particularly experienced an increase in
drug production. In 2002 marijuana plant seizures in
California's national forests accounted for over 70 percent of
the marijuana plants seized in national forests across the
country. In Sequoia National Park, marijuana cultivation has
exploded in recent years, with only about 700 marijuana plants
eradicated in the park in 2000 but around 34,000 plants
eradicated in 2002.
The subcommittees heard testimony from land management
agency representatives, law enforcement officials, and
concerned citizens, who discussed the effects of drug
production on public lands and efforts to combat it. Witnesses
included representatives of the National Park Service, the U.S.
Department of Agriculture Forest Service, the Drug Enforcement
Administration, California Department of Parks and Recreation,
California Bureau of Narcotic Enforcement, the Tulare County
Sheriff's Department, and the citizen group Wilderness Watch.
Witnesses described the extensive environmental degradation to
public lands used for drug production and the difficulty of
restoring these areas. Many witnesses testified that the
sophisticated, large-scale marijuana growing operations on
public lands in recent years are the work of drug trafficking
organizations. They expressed concern about the increased
violence armed growers exhibited toward one another and toward
law enforcement during the 2003 marijuana growing season. While
many of the marijuana plantation sites are located in remote
areas, concern remains that this violence will also confront
the visiting public. Witnesses and Members discussed strategies
to find and eradicate drugs produced on public lands. Many
witnesses emphasized past and current cooperative efforts of
land management agencies and Federal, State, and local law
enforcement to investigate drug production on public lands and
eradicate the drugs produced there, and they stressed the
importance of continued interagency cooperation to effectively
combat this problem.
b. Witnesses.--Richard Martin, Superintendent, Sequoia and
Kings Canyon National Parks, Department of the Interior,
National Park Service; Arthur Gaffey, Forest Supervisor,
Sequoia National Forest, U.S. Department of Agriculture, Forest
Service; Stephen C. Delgado, Special Agent in Charge, San
Francisco Field Division, Drug Enforcement Administration; Lisa
Mulz, superintendent of law enforcement and public safety,
California Department of Parks and Recreation; Val Jiminez,
special agent supervisor and commander, Campaign Against
Marijuana Planting, California Department of Justice, Bureau of
Narcotic Enforcement; Captain David Williams, Tulare County
Sheriff's Department; and Joe Fontaine, member, Board of
Directors, Wilderness Watch.
18. ``Organized Retail Theft: Conduit of Money Laundering,'' field
hearing in Cypress, TX, November 10, 2003; Serial No. 108-147
a. Summary.--As a result of its focus on criminal justice
and money laundering, the subcommittee conducted a field
hearing intended to expose the problem of organized rings of
criminals who steal high-price-point retail items and then
resell them. The proceeds from the resale, in some cases, are
being surreptitiously funneled out of the United States. The
consumer and American retail businesses are unwittingly
contributing to an international money laundering operation.
Baby formula and other high priced retail items are being
stolen at high rates and resold to small ``Mom & Pop''
retailers. The product is not stored in prescribed conditions
between the time it is stolen and returns on the selves of
smaller retailers. Witnesses testified that this practice puts
consumer safety in jeopardy.
b. Witnesses.--Randy Merritt, detective, Pasadena Police
Department, Pasadena, TX; Johnnie Jezierski, sergeant, Texas
Department of Public Safety; Alonzo Pena, Associate Special
Agent In Charge, Bureau of Immigration and Customs Enforcement,
U.S. Department of Homeland Security; Frank Borden, assistant
director, Manufactured Food Division, Texas Department of
Health; Don Clemmer, assistant attorney general, Texas Attorney
General's Office; James Jacks, First Assistant U.S. Attorney,
Northern District of Texas, U.S. Department of Justice; Joe
Williams, Gulf Coast Retailer's Association; Darrell Taylor,
HEB Grocery Store Chain; and Deborah Brookshire, Texas
Department of Health.
19. ``Faith-based Perspectives on the Provision of Community
Services,'' field hearing in Charlotte, NC, December 10, 2003;
Serial No. 108-148
a. Summary.--Research in the area of the effectiveness of
faith-based organizations is limited, and often largely
anecdotal. The question remains as to what factors make the
faith-based organization uniquely qualified to provide social
services. This hearing was intended to consider what factors
make faith-based organizations especially equipped to provide
social services to the community.
Witnesses discussed with the subcommittee the need for
technical assistance and networking among organizations,
government agencies, and private foundations, and the need for
development of private donations.
b. Witnesses.--Rev. Tony Marciano, executive director,
Charlotte Rescue Mission, Charlotte, NC; Cindy Marshall,
executive director, the Potter's House, Gastonia, NC; Shirley
Stowe, director of nursing and home management, House of Mercy,
Belmont, NC; Rev. Mable Hemphill, World Outreach Medical
Center, Gastonia, NC; Alice Harrison, executive director, Hope
Haven, Charlotte, NC; Thompson Children's Home, Charlotte, NC;
and Pat Marcum, LOVE, Inc. of Mecklenburg County.
20. ``Faith Based Perspectives on the Provision of Community
Services,'' field hearing in Los Angeles, CA, January 12, 2004;
Serial No. 108-152
a. Summary.--The Subcommittee on Criminal Justice, Drug
Policy, and Human Resources held the fifth in a series of
oversight hearings designed to examine the role of faith-based
organizations in providing social services to the needy in
communities across the United States. Faith-based providers
discussed what methods of the provision of social services that
they have found to be effective in their communities.
Research in the area of the effectiveness of faith-based
organizations is limited, and often largely anecdotal. The
question remains as to what factors make the faith-based
organization uniquely qualified to provide social services.
This hearing was intended to continue consideration of what
makes faith-based organizations especially equipped to provide
social services to the community.
Faith-based organizations discussed with the subcommittee
the need for technical assistance and networking among
organizations, government agencies, and private foundations,
and the need for development of private donations.
b. Witnesses.--Rudy Carrasco, executive director, Harambee,
Pasadena, CA; Rev. Lee de Leon, Templo Calvario, Santa Ana, CA;
Maria Hamilton, executive director, Simi Valley Community
Center; Rev. Jeff Carr, executive director, the Bresee
Foundation, Los Angeles, CA; Dr. Keith Phillips, president,
World Impact, Los Angeles, CA; Doug Gold, executive director,
Jewish Big Brothers & Big Sisters, Los Angeles, CA; Pastor John
Baker, Celebrate Recovery, Lake Forest, CA; Lt. Col. Alfred Van
Cleef, Salvation Army of Southern California; and Tim Hooten,
executive director, Office of Ministry and Service, Azusa
Pacific University, Azusa, CA.
21. ``Faith-based Perspectives on the Provision of Community
Services,'' field hearing in Colorado Springs, CO, January 23,
2004; Serial No. 108-158
a. Summary.--The Subcommittee on Criminal Justice, Drug
Policy, and Human Resources held the sixth in a series of
oversight hearings designed to examine the role of faith-based
organizations in providing social services to the needy in
communities across the United States. Faith-based providers
will discuss what methods of the provision of social services
that they have found to be effective in their communities.
Research in the area of the effectiveness of faith-based
organizations is limited, and often largely anecdotal. The
question remains as to what factors make the faith-based
organization uniquely qualified to provide social services.
This hearing was intended to continue consideration of what
makes faith-based organizations especially equipped to provide
social services to the community.
Faith-based organizations discussed with the subcommittee
the need for technical assistance and networking among
organizations, government agencies, and private foundations,
and the need for development of private donations.
b. Witnesses.--Dr. Walter Larimore, vice president of
medical outreach, Focus on the Family, Colorado Springs, CO;
Wilford Wooten, Focus on the Family, Colorado Springs, CO;
Frank Keller, Focus on the Family, Colorado Springs, CO; Mike
Haley, public policy/youth & gender specialist, Focus on the
Family, Colorado Springs, CO; Tom Minnery, vice president of
public policy, Focus on the Family, Colorado Springs, CO; Larry
Jones, president, Feed the Children, Oklahoma City, OK; Jackie
Jaramillo, executive director, Faith Partners, Colorado
Springs, CO; Rev. Dean Cowles, president, YouthPartnersNET,
Denver, CO; Bob Cote, executive director, Step 13, Denver, CO;
and Ed Anderson, Compassion International, Colorado Springs,
CO.
22. ``Fighting Methamphetamine in the Heartland: How Can the Federal
Government Assist State and Local Efforts,'' field hearing in
Elkhart, IN, February 6, 2004; Serial No. 108-179
a. Summary.--This hearing was held to assess the recent
growth in methamphetamine trafficking and abuse in the Midwest
region of the United States as well as the response of Federal,
State and local law enforcement agencies. The hearing provided
an opportunity for representatives of Federal and local
agencies with experience in fighting methamphetamine
trafficking, as well as organizations that specialize in the
treatment and prevention of meth addiction and abuse, to
discuss these issues and suggest solutions.
b. Witnesses.--Scott Burns, Deputy Director for State and
Local Affairs, Office of National Drug Control Policy; Armand
McClintock, Assistant Special Agent in Charge, Indianapolis, IN
District Office, Drug Enforcement Administration; Melvin
Carraway, superintendent, Indiana State Police; Curtis T. Hill,
Jr., prosecuting attorney, Elkhart County Prosecuting
Attorney's Office; Bill Wargo, chief investigator, Elkhart
County Prosecuting Attorney's Office; Detective Daniel
Anderson, Starke County Sheriff's Department; Corporal Tony
Ciriello, Kosciusko County Sheriff's Department; Kevin Enyeart,
Cass County prosecutor; Doug Harp, chief deputy, Noble County
Sheriff's Office; Sergeant Jeff Schnepp, Logansport-Cass County
Drug Task Force; Brian Connor, acting executive director, the
Center for the Homeless, South Bend; Barry Humble, executive
director, Drug & Alcohol Consortium of Allen County; and
Benjamin Martin, Serenity House, Inc.
23. ``To Do No Harm: Strategies for Preventing Prescription Drug
Abuse,'' field hearing in Winter Park, FL, February 9, 2004;
Serial No. 108-187
a. Summary.--The subcommittee held a public hearing to
examine how the Federal Government, in cooperation with State
and local authorities, can improve the process of testing,
approval, and dispensing to reduce the risk of prescription
drug abuse. The hearing provided an opportunity for
representatives of Federal and State agencies with the
responsibility for controlling prescription drug abuse, as well
as representatives of the medical and scientific communities,
pharmaceutical companies, and concerned citizens to discuss
these issues and suggest solutions.
b. Witnesses.--William T. Fernandez, Director, Central
Florida HIDTA; Dr. Robert J. Meyer, M.D., Director, Office of
Drug Evaluation II, Center for Drug Evaluation and Research,
U.S. Food and Drug Administration; Tom Raffanello, Special
Agent in Charge, Miami Division, DEA; James R. McDonough,
director, Florida Office of Drug Control; Dr. Stacy Berckes,
M.D., board member, Lake Sumter Medical Society; Jack E.
Henningfield, Ph.D., Pinney Associates, on behalf of Purdue
Pharma; Theresa Tolle, R.Ph., president, Florida Pharmacy
Association; Frederick W. Pauzar; Dr. Douglas Davies, M.D.,
Medical Director, Stewart-Marchman Center; Professor Paul L.
Doering, M.S., distinguished service professor of pharmacy
practice, College of Pharmacy, University of Florida; and Dr.
Chad D. Kollas, M.D., medical director, palliative medicine,
M.D. Anderson Cancer Center Orlando.
24. ``Afghanistan: Law Enforcement Interdiction Efforts in
Transshipment Countries to Stem the Flow of Heroin,'' February
26, 2004; Serial No. 108-215
a. Summary.--The subcommittee held this hearing to examine
the efforts of the Drug Enforcement Administration and the
Department of State, International Narcotics and Law
Enforcement Affairs Bureau in impeding and interdicting the
various forms of heroin as it leaves Afghanistan. Several
smuggling routes were identified as the most commonly used.
Each witness discussed their strategies, funding, and resources
in addressing this rapidly increasing problem. The interagency
and international relationships between the key stakeholders
were explored and encouraged.
b. Witnesses.--Robert Charles, Assistant Secretary,
Department of State, International Narcotics and Law
Enforcement Affairs; and Karen Tandy, Administrator, Drug
Enforcement Administration.
25. ``Andean Counterdrug Initiative,'' March 2, 2004; Serial No. 108-
186
a. Summary.--Oversight hearing to examine the fiscal year
2005 President's budget request as it applies to the
counternarcotics efforts throughout the Andean Region. The
Office of National Drug Control Policy, the Department of
Defense, and the Department of State discussed the disruption
of the narcotics business and alternative economic development
initiatives that were included in the President's budget.
This hearing sought to provide an opportunity for Director
Walters to discuss the administration's general views and
priorities in the President's budget and for Members to discuss
issues related to the national drug control budget, strategies,
and policies. Members heard from Mr. O'Connell, Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict and Mr. Charles, Assistant Secretary of State for
International Narcotics and Law Enforcement Affairs about the
implementation of the National Drug Control Strategy in the
Andean Region. Some of the major initiatives, listed as
follows, were discussed: Alternative Economic Development,
Aerial Eradication, Air Bridge Denial Program, Plan Colombia,
and Resource Allocation.
b. Witnesses.--John Walters, Director, Office of National
Drug Control Policy; Tom O'Connell, Assistant Secretary,
Department of Defense, Special Operations and Low Intensity
Conflict; and Robert Charles, Assistant Secretary, Department
of State, International Narcotics and Law Enforcement Affairs.
26. ``Cervical Cancer and Human Papillomavirus,'' March 11, 2004;
Serial No. 108-206
a. Summary.--This hearing focused on cervical cancer and
human papillomavirus [HPV], the virus that causes nearly all
cervical cancer. Federal agencies discussed efforts to address
cervical cancer, including prevention, screening, treatment and
research.
During the last several decades, the incidence of cervical
cancer and deaths from the disease have declined steadily in
the United States due to treatment and an increase in the use
diagnostic tools such as of PAP smears, which detect abnormal
cervical changes that may indicate precancerous cells or
cancer. In 2001, cervical cancer was estimated to be the 12th
most commonly newly diagnosed cancer among women in the United
States. In contrast, it is the second leading cancer of women
worldwide. The rate of cervical cancer cases in African-
American women (11.4 per 1,000) is 60 percent higher than the
rate in white women (7.1 per 1,000), and African-American women
are about 33 percent more likely to die from it.
b. Witnesses.--Dr. Dave Weldon, Member of Congress; Ed
Thompson, M.D., Deputy Director for Public Health Services,
Centers for Disease, Control and Prevention; Edward L. Trimble,
M.D., M.P.H., Gynecologic Oncologist, National Cancer
Institute, National Institutes of Health; Daniel G. Schultz,
M.D., Director, Office of Device Evaluation, Center for Devices
and Radiologic Health, Food and Drug Administration; Tom A.
Coburn, M.D., Muskogee, OK; Freda Bush, M.D., FACOG, Jackson,
MS; John Thomas Cox, M.D., Santa Barbara, CA; Margaret Meeker,
M.D., Traverse City, MI; and Jonathan M. Zenilman, M.D.,
Baltimore, MD.
27. ``Centers for Faith-based and Community Initiatives: Promise and
Progress,'' March 23, 2004; Serial No. 108-194
a. Summary.--Oversight hearing on ``Legal and Practical
Issues Related to the Faith-Based Initiative.'' The hearing
provided an opportunity to discuss the varied legal and
practical issues that surround government partnerships with
faith-based organizations.
Research in the area of the effectiveness of faith-based
organizations is limited, and often largely anecdotal. The
question remains as to what factors make the faith-based
organization uniquely qualified to provide social services.
This hearing was intended to continue consideration of what
makes faith-based organizations especially equipped to provide
social services to the community.
Faith-based organizations discussed with the subcommittee
the need for technical assistance and networking among
organizations, government agencies, and private foundations,
and the need for development of private donations.
b. Witnesses.--Rev. Barry Lynn, executive director,
Americans United for the Separation of Church and State; Holly
Hollman, general counsel, Baptist Joint Committee; Nathan
Diament, director of public policy, Union of Orthodox Jewish
Congregations of America; Dr. Amy Sherman, director, Hudson
Institute Faith-In-Communities Program; Rev. Wilson Goode,
senior advisor on Faith-Based Initiatives for Public/Private
Ventures; and Steve Fitzhugh, director, the House.
28. ``Measuring the Effectiveness of Drug Addiction Treatment,'' March
30, 2004; Serial No. 108-222
a. Summary.--This oversight hearing examined how the
effectiveness of drug addiction treatment is measured. The
Administrator of the Substance Abuse and Mental Health Services
Administration [SAMHSA] and the Director of the National
Institute of Drug Abuse [NIDA] of the National Institutes of
Health [NIH], together with private citizen witnesses
representing drug addiction treatment policy organizations,
discussed measurement of the effectiveness of drug addiction
treatment.
Defining and measuring the success of drug addiction
treatment is fundamental to measuring the relative
effectiveness of drug treatment programs and therapies
supported by the Federal Government. Effective measurement
methods can provide for reliable emphasis on results, which can
lead to improvement in treatment. The witnesses addressed how
to measure drug addiction treatment effectiveness: what the
best methods are; how organizations and individuals are working
to identify and improve those methods; and what the future
holds in measuring effectiveness and improving treatment.
b. Witnesses.--Charles Currie, Administrator, Substance
Abuse and Mental Health Services Administration; Nora D.
Volkow, Director, National Institute on Drug Abuse, National
Institutes of Health; A. Thomas McLellan, Ph.D., director,
Treatment Research Institute, Philadelphia, PA; Charles
O'Keefe, Virginia Commonwealth University, Richmond, VA; Karen
Freeman-Wilson, executive director, National Drug Court
Institute, Alexandria, VA; Jerome Jaffe, M.D., professor,
University of Maryland, Baltimore, MD; Catherine Martens,
senior vice president, Second Genesis, Silver Spring, MD; and
Hendree Jones, Ph.D., research director, Center for Addiction
and Pregnancy, Baltimore, MD.
29. ``Afghanistan: Are British Counternarcotics Efforts Going Wobbly?''
April 1, 2004; Serial No. 108-224
a. Summary.--This investigative hearing examined the
eradication efforts of the British military and other coalition
forces in Afghanistan. The CNC estimated over 60,000 hectares
under cultivation in 2004, the second largest to date. The
harvest amounted to approximately 3,000 metric tons of heroin.
The Department of State discussed the disruption of the
narcotics business by manual eradication and alternative
economic development initiatives to the Afghan farmers.
This hearing provided an opportunity for Assistant
Secretary of the Department of State Robert Charles to discuss
the importance of eradication. DOS oversees all aerial
eradication programs in Latin America and as a result, their
experience serves as a model of effective supply reduction
efforts. The witness had recently returned from Afghanistan and
other countries within the region.
b. Witnesses.--Robert Charles, Assistant Secretary,
Department of State, International Narcotics and Law
Enforcement Affairs.
30. ``Marijuana and Medicine: The Need For a Science Based Approach,''
April 1, 2004; Serial No. 108-226
a. Summary.--This hearing explored the numerous scientific
and medical claims being made about marijuana, and the real
health impact the drug has on individuals. The hearing also
examined the potential impact that bypassing Federal
regulations of medical drugs--as various State laws that
purport to legalize marijuana as medicine have done--may have
on consumer health and safety. The hearing provided an
opportunity for representatives of Federal and State agencies
with the responsibility for regulating drugs and the practice
of medicine, as well as representatives of the medical and
scientific communities, to discuss these issues and suggest
solutions.
This hearing addressed one of the most contentious debates
in modern drug policy: the use of marijuana for ``medicinal''
purposes. Marijuana is a plant which, when smoked or consumed,
is a powerful psychoactive drug (due to the presence of its
main chemical component, THC). It was once used as a folk
``medicinal'' remedy in many primitive cultures, and even in
the 19th century was frequently used as a treatment for various
maladies by some Western doctors (much as alcohol, cocaine and
heroin were once so used). By the 20th century, however, its
use by legitimate medical practitioners had dwindled, while its
illegitimate use as a ``recreational'' drug had risen. The drug
was finally banned as a medicine in the 1930's. Beginning in
the 1970's, however, individuals began reporting anecdotal
evidence that marijuana might have some medically beneficial
uses, most notably in suppressing the nausea associated with
cancer chemotherapy. By the 1990's, the evidence was still
anecdotal, but a large and well-funded pro-marijuana movement
had succeeded in convincing many Americans that marijuana was a
true ``medicine.'' Unable to change the Federal laws, pro-
marijuana activists turned to the States, and succeeded in
passing a number of ``medical marijuana'' laws. This has
created a direct conflict between Federal and State law, and
has put into sharp focus the competing claims about the
scientific value of marijuana (and its components) as
``medicine.''
b. Witnesses.--Nora D. Volkow, Director, National Institute
on Drug Abuse, National Institutes of Health; Dr. Robert J.
Meyer, M.D., Director, Office of Drug Evaluation II, Center for
Drug Evaluation and Research, U.S. Food and Drug
Administration; Patricia Good, Chief, Liaison and Policy
Section, Office of Diversion Control, Drug Enforcement
Administration; Dr. James D. Scott, M.D., board member, Oregon
Board of Medical Examiners; Joan Jerzak, chief of enforcement,
Medical Board of California; Dr. Claudia Jensen, M.D., Ventura,
CA; Robert Kampia, executive director, Marijuana Policy
Project; Dr. Phillip E. Leveque, D.O., Ph.D., Portland, OR; and
Dr. Robert DuPont, M.D., Institute for Behavior and Health,
Inc., Rockville, MD.
31. ``Northern Ice: Stopping Methamphetamine Precursor Chemical
Smuggling Across the U.S.-Canada Border,'' field hearing in
Detroit, MI, April 20, 2004
a. Summary.--The subcommittee held a public hearing to
investigate the smuggling of methamphetamine precursor
chemicals from Canada into the United States, as well as the
response of Federal, State and local law enforcement agencies.
The hearing provided an opportunity for representatives of law
enforcement agencies with experience in fighting
methamphetamine precursor trafficking to discuss this issue and
suggest solutions.
This hearing, the fourth in a series of hearings held by
this subcommittee since 2001 on methamphetamine trafficking and
abuse, continued subcommittee work on this significant and
growing drug problem. Methamphetamine (``meth''), among the
most powerful and dangerous stimulants available, is relatively
easy to produce; so-called meth ``cooks'' can create the drug
from common household or agricultural chemicals and cold
medicines like ephedrine and pseudoephedrine (such chemicals
being referred to as meth ``precursors''). The drug is highly
addictive and has multiple side effects, including psychotic
behavior, physical deterioration, and brain damage. Death by
overdose is a significant risk.
These chemicals are being smuggled, usually by truck,
across such border crossings as Detroit's Ambassador Bridge and
Port Huron, MI's Blue Water Bridge. DEA and other law
enforcement agencies have identified several organizations,
many of Middle Eastern origin, as being the primary smugglers.
Identifying and stopping smugglers using these bridges presents
a serious challenge for law enforcement. Detroit is the busiest
truck crossing in the United States, while Port Huron is the
fourth busiest, and both crossings are at or near the top in
the volume of passenger traffic as well. It is unclear whether
U.S. Customs and Border Protection [CBP], which conducts the
inspections of all trucks and persons entering the United
States, has sufficient resources and facilities to check enough
vehicles for drugs and other contraband.
b. Witnesses.--Abraham L. Azzam, Director, Southeast
Michigan High Intensity Drug Trafficking Area, Office of
National Drug Control Policy; Michael Hodzen, Interim Special
Agent in Charge, Detroit, U.S. Immigration and Customs
Enforcement, Department of Homeland Security; John Arvanitis,
Acting Special Agent in Charge, Detroit Field Division, Drug
Enforcement Administration; and Kevin Weeks, Director, Field
Operations, Detroit Field Office, U.S. Customs and Border
Protection, Department of Homeland Security.
32. ``DOD Counternarcotics: What Is Congress Getting For Its Money?''
April 21, 2004; Serial No. 108-208
a. Summary.--This oversight hearing examined the efficiency
and effectiveness of Department of Defense [DOD]
counternarcotics efforts.
The growth of poppy in Afghanistan has been a concern for
decades, but only recently a new challenge for DOD's Central
Command [CENTCOM]. Most estimates of poppy cultivation are
categorized into periods of control of that country. For
example, the Mujahedin is recognized for the decade of the
1980s, while the Warlord period covered the first half of the
1990s. The Taliban took over in 1995 and their control spanned
through 2001. The U.S.-led War on Terrorism, the return of the
King, and installation of the Karzai government comprise the
period post 2001.
The increase of opium poppy production in Afghanistan in
2004 created anxiety in the international community that there
is a significant risk that Afghanistan will fall into the
status of a failed state once again, this time under the
control of drug cartels and narco-terrorists instead of Islamic
militants. The House Government Reform Committee shares this
concern, and wants to see an increased level of effort and
cooperation with United States and allied elements in the
region.
b. Witnesses.--Tom O'Connell, Assistant Secretary,
Department of Defense, Special Operations and Low Intensity
Conflict; RADM David Kunkel, U.S. Pacific Command; and BG
Benjamin Mixon, U.S. Southern Command.
33. ``Faith-Based Perspectives on the Provision of Community
Services,'' field hearing in Seattle, WA, April 26, 2004
a. Summary.--The subcommittee held the seventh and final in
a series of oversight hearings designed to examine the role of
faith-based organizations in providing social services to the
needy in communities across the United States. Faith-based
providers discussed methods of the provision of social services
that they have found to be effective in their communities.
Research in the area of the effectiveness of faith-based
organizations is limited, and often largely anecdotal. This
hearing was intended to continue consideration of what makes
faith-based organizations especially equipped to provide social
services to the community.
Faith-based organizations discussed with the subcommittee
the need for technical assistance and networking among
organizations, government agencies, and private foundations,
and the need for development of private donations.
b. Witnesses.--Jill Esau, executive director, We Care
Northwest, Seattle, WA; Dan Neary, senior vice president for
college advancement, Northwest College, Kirkland, WA; Cal
Uomoto, affiliate director, World Relief, Seattle, WA; Mary
Diggs Hobson, executive director, African American Reach and
Teach Ministry, Seattle, WA; Mike Meinser, director of
development, Seattle Hebrew Academy, Seattle, WA; Pastor Aaron
Haskins, executive director, Coalition for Community
Development and Renewal, Seattle, WA; Pastor Doug Wheeler, Zion
Preparatory Academy, Seattle, WA; Pastor Gregg Alex, director,
the Matt Talbot Center, Seattle, WA; and Pastor Harvey Drake,
executive director, Emerald City Outreach Ministry, Seattle,
WA.
34. ``Terrorist Financing and Money Laundering Investigations: Who
Investigates and How Effective Are They?'' May 11, 2004; Serial
No. 108-243
a. Summary.--This hearing examined whether the Federal law
enforcement agencies charged with money-laundering
investigations have become more efficient in their efforts due
to recent organizational changes. The subcommittee also
reviewed agency lines of responsibility and agency oversight
designed to protect the American public from the terrorist and
criminal enterprises funded by these illegal proceeds.
b. Witnesses.--Marcy Forman, Deputy Assistant Director,
Financial Investigations, U.S. Immigration and Customs
Enforcement, Department of Homeland Security; Donald C.
Semesky, Chief, Office of Financial Operations, Drug
Enforcement Administration, Department of Justice; Michael
Morehart, Section Chief, Terrorist Financing Operations
Section, Federal Bureau of Investigation, Department of
Justice; Dwight Sparlin, Director, Operations, Policy, and
Support for the Criminal Investigations Branch, Internal
Revenue Service, Department of Treasury; Bob Werner, Chief of
Staff, FinCEN, Department of the Treasury; Daniel Glaser,
Director, Executive Office for Terrorist Financing and
Financial Crimes, Department of Treasury; John Roth, Chief of
Criminal Division's Asset Forfeiture and Money Laundering
Section, Department of Justice; Bonni Tischler, vice president,
Pinkerton Global Transportation and Supply Chain Security
Department; and Richard Stana, Director of Homeland Security
and Justice, General Accounting Office.
35. ``Ensuring Accuracy and Accountability in Laboratory Testing: Does
the Experience of Maryland General Hospital Expose Cracks in
the System?'' May 18, 2004; Serial No. 108-248
a. Summary.--This hearing examined a situation at Maryland
General Hospital where hundreds, perhaps thousands, of patients
might have received incorrect HIV and hepatitis test results
during a 14-month period ending in August 2004. The hospital
failed to notify the patients of the problem. The hearing
raised a number of issues related to the actual incident,
including the impact of Federal regulations and policies on HIV
testing and the ethics of HIV testing. The subcommittee has
played an important role in these areas. Specifically, the
subcommittee led the effort to secure FDA approval for an
inexpensive, reliable rapid HIV test and to promote more
routine HIV testing by the CDC.
b. Witnesses.--Steven I. Gutman, M.D., Director, Office of
In Vitro Diagnostics Device, Evaluation and Safety, Food and
Drug Administration, Department of Health and Human Services;
Sean Tunis, M.D., Chief Clinical Officer, Centers for Medicare
and Medicaid, Services [CMS] and Deputy Director, Office of
Clinical Standards and Quality, CMS, Department of Health and
Human Services; Teresa Williams, former employee of Maryland
General Hospital; Richard Eckloff, Adaltis US Inc., Allentown,
PA; Nelson J. Sabatini, Secretary, Maryland Department of
Health and Mental Hygiene, Baltimore, MD; Ronald B. Lepoff,
M.D., F.C.A.P., Chair of the Commission on Laboratory
Accreditation, College of American Pathologists, Northfield,
IL; and Edmond Notebaert, president, University of Maryland
Medical System, Baltimore, MD.
36. ``Historic Preservation of the Peopling of America'' May 20, 2004;
Serial No. 108-230
a. Summary.--This hearing examined how the history of the
immigration, migration, and settlement of the population of the
United States--the peopling of America--is being preserved. The
hearing particularly considered how this story is preserved
through National Park Service [NPS] and community programs. It
investigated what stories on this theme are currently
represented and interpreted through NPS sites and National
Historic Landmarks, and how NPS connects these places to tell
the story of the peopling of America. The hearing also explored
how preservation of sites significant to this story and
education about these places can be improved.
b. Witnesses.--Dr. Janet Snyder Matthews, Associate
Director for Cultural Resources, National Park Service;
Katherine Toy, executive director, Angel Island Immigration
Station Foundation, San Francisco, CA; Ellen von Karajan,
executive director, Society for the Preservation of Federal
Hill and Fell's Point, and member, Board of Directors and
Fiscal Agent, Baltimore Immigration Project, Baltimore, MD; and
Dr. Kathryn Wilson, director of education and interpretation,
Historical Society of Pennsylvania, Philadelphia, PA.
37. ``Ice in the Ozarks: The Methamphetamine Epidemic in Arkansas,''
field hearing in Bentonville, AR, June 28, 2004; Serial No.
108-245
a. Summary.--The subcommittee held this field hearing to
examine the state of methamphetamine trafficking, production
and abuse in Arkansas and the Southern region of the United
States, and how the Federal Government can assist State and
local authorities in combating this growing problem through law
enforcement, environmental clean-up, and drug treatment and
prevention programs. The hearing provided an opportunity for
representatives of Federal and local agencies with experience
in fighting methamphetamine trafficking, as well as
organizations that specialize in the environmental aspects of
the problem, and the treatment and prevention of meth addiction
and abuse, to discuss these issues and suggest solutions.
b. Witnesses.--William J. Bryant, Assistant Special Agent
in Charge, Little Rock, AR Office (New Orleans Field Division),
Drug Enforcement Administration; William M. Cromwell, Acting
U.S. Attorney, Western District of Arkansas; James MacDonald,
Federal on Scene Coordinator, Region 7, U.S. Environmental
Protection Agency; Keith Rutledge, State drug director, Office
of the Governor of Arkansas; David Hudson, Sebastian County
judge; J.R. Howard, executive director, Arkansas State Crime
Lab; Shirley Louie, M.S., CIH, environmental epidemiology
supervisor, Arkansas Department of Health; Sheriff Danny
Hickman, Boone County Sheriff's Office; David Gibbons,
prosecuting attorney, 5th Judicial District; Mary Ann Gunn,
circuit judge, Fourth Judicial District, Fourth Division; Larry
Counts, director, Decision Point Drug Treatment Facility; Bob
Dufour, RPH, Director of Professional and Government Relations,
Wal-Mart Stores, Inc.; Greg Hoggatt, director, Drug Free
Rogers-Lowell; Dr. Merlin D. Leach, executive director, Center
for Children & Public Policy; and Michael Pyle.
38. ``The Impact of the Drug Trade on Border Security,'' field hearing
in Las Cruces, NM, June 29, 2004; Serial No. 108-250
a. Summary.--The subcommittee held this field hearing to
explore the impact of the drug trade, the status of law
enforcement along the border between the Texas/New Mexico
region and Mexico, and ways to improve security there. The
hearing provided an opportunity for regional representatives of
the principal agencies entrusted with the security of our
borders, as well as representatives of State and local
agencies, to discuss these issues and suggest solutions.
b. Witnesses.--Luis E. Barker, Chief, El Paso Sector, U.S.
Border Patrol, Department of Homeland Security; Kenneth Cates,
Associate Special Agent in Charge, El Paso, U.S. Immigration
and Customs Enforcement, Department of Homeland Security; Errol
Chavez, Regional Director, New Mexico Regional Partnership,
Southwest Border High Intensity Drug Trafficking Area, Office
of National Drug Control Policy; Luis Garcia, Director, Field
Operations, El Paso Field Office, U.S. Customs and Border
Protection, Department of Homeland Security; Sandalio Gonzalez,
Special Agent in Charge, El Paso Field Division, Drug
Enforcement Administration; Steve Swingle, Acting Aviation
Group Supervisor, Albuquerque Air Branch, Office of Air and
Marine Operations, Department of Homeland Security; Louise
Peterson, Hidalgo County commissioner; Captain Richard
Williams, commander, District 4 (Las Cruces), New Mexico State
Police; Sheriff Robert E. Hall, Hidalgo County Sheriff's
Department; and Sheriff Juan Hernandez, Dona Ana County
Sheriff's Office.
39. ``Ensuring Accuracy and Accountability in Laboratory Testing: Does
the Experience of Maryland General Hospital Expose Cracks in
the System? Part II,'' July 7, 2004; Serial No. 108-252
a. Summary.--In continuation of the subcommittee's May 18,
2004 hearing on this topic, this hearing examined a situation
at Maryland General Hospital where hundreds, perhaps thousands,
of patients might have received incorrect HIV and hepatitis
test results during a 14-month period ending in August 2004.
The hospital failed to notify the patients of the problem. The
hearing raised a number of issues related to the actual
incident, including the impact of Federal regulations and
policies on HIV testing and the ethics of HIV testing. The
subcommittee led the effort to secure FDA approval for an
inexpensive, reliable rapid HIV test and to promote more
routine HIV testing by the CDC. AIDS activists have long
demanded heavily regulated counseling policies that have
discouraged individuals from being tested and doctors from
offering testing.
b. Witnesses.--Kristin Turner, former employee of Maryland
General Hospital; Carol Benner, Director of the Office of
Health Care Quality, Department of Health and Mental Hygiene;
Dr. Mary Kass, MD, FCAP, president, College of American
Pathologists, Northfield, IL; and Edmond Notebaert, president,
University of Maryland Medical System, Baltimore, MD.
40. ``Drugs and Security in a Post-September 11 World: Coordinating the
Counternarcotics Mission at the Department of Homeland
Security,'' July 22, 2004
a. Summary.--The subcommittee held this hearing to discuss
how well the Department of Homeland Security is fulfilling its
counternarcotics mission, what level of material and personnel
support it is providing to counternarcotics operations, and
what steps it is taking to improve coordination and cooperation
between its own subdivisions. The hearing was held jointly with
the Select Committee on Homeland Security's Subcommittee on
Infrastructure and Border Security (chaired by Representative
Dave Camp).
b. Witnesses.--Robert Bonner, Commissioner, U.S. Customs
and Border Protection, Department of Homeland Security; Adm.
Thomas Collins, Commandant, U.S. Coast Guard, Department of
Homeland Security; Michael J. Garcia, Assistant Secretary, U.S.
Immigration and Customs Enforcement, Department of Homeland
Security; and Roger Mackin, Counternarcotics Officer,
Department of Homeland Security.
41. ``The Poisoning of Paradise: Crystal Methamphetamine in Hawaii,''
August 2, 2004
a. Summary.--The subcommittee held this field hearing to
examine the state of methamphetamine trafficking, production
and abuse in Hawaii, and how the Federal Government can assist
State and local authorities in combating this growing problem
through law enforcement, drug treatment, and prevention
programs. The hearing provided an opportunity for
representatives of Federal and local agencies with experience
in fighting methamphetamine trafficking, and experts in the
treatment and prevention of meth addiction and abuse, to
discuss these issues and suggest solutions.
b. Witnesses.--James R. Aiona, Jr., Lieutenant Governor,
State of Hawaii; Larry D. Burnett, Director, Hawaii High
Intensity Drug Trafficking Area, Office of National Drug
Control Policy; Charles Goodwin, Special Agent in Charge,
Honolulu Office, Federal Bureau of Investigation; Briane Grey,
Assistant Special Agent in Charge, Honolulu Office (Los Angeles
Field Division), Drug Enforcement Administration; Harry Kim,
mayor, county of Hawaii; Keith Kamita, chief, Narcotics
Enforcement Division, Hawaii Department of Public Safety;
Lawrence K. Mahuna, Police chief, Hawaii County Police
Department; Richard Botti, executive director, Hawaii Food
Industry Association; Dr. Kevin Kunz, Kona Addiction Services;
Wesley Margheim, Big Island Substance Abuse Council; Alan
Salavea, Hawaii County Prosecutor's Office, Youth Builders; and
Dr. Jamal Wasan, Lokahi Treatment Program.
42. ``Access to Recovery: Improving Participation and Access in Drug
Treatment,'' September 22, 2004; Serial No. 108-269
a. Summary.--The subcommittee reviewed the Substance Abuse
& Mental Health Services Administration [SAMHSA] Access to
Recovery drug treatment program, which allows individuals to
select from a range of community-based services to treat drug
and alcohol addiction.
President Bush announced in his 2003 State of the Union
Address a new substance abuse treatment initiative, Access to
Recovery. This new initiative provides people seeking drug and
alcohol treatment with vouchers to pay for a range of
appropriate community-based services. Congress appropriated
$100 million in the 2004 budget for the Substance Abuse and
Mental Health Services Administration [SAMHSA].
This new program has established a State-run voucher
program for substance abuse clinical treatment and recovery
support services built on the following three principles:
consumer choice, outcome orientation, and increased capacity.
b. Witnesses.--Charles G. Curie, M.A., A.C.S.W.,
Administrator, Substance Abuse and Mental Health Services
Administration, Department of Health and Human Services; Melody
Heaps, president, Treatment Alternatives for Safe Communities,
Chicago, IL; and Dr. Michael Passi, Associate Director,
Department of Family and Community Services, city of
Albuquerque, NM.
43. ``Law Enforcement and the Fight Against Methamphetamine,'' November
18, 2004
a. Summary.--The purpose of this hearing was to examine how
the Federal Government can best assist State and local law
enforcement authorities to stop the production and trafficking
of methamphetamine. In particular, the subcommittee and the
witnesses discussed potential changes in the regulation of
methamphetamine precursor chemical sales, specialized training
in dealing with meth labs for State and local law enforcement
officials, and programs to improve communication and
cooperation between precursor chemical manufacturers and
retailers, and law enforcement agencies.
b. Witnesses.--Scott Burns, Deputy Director for State and
Local Affairs, Office of National Drug Control Policy; Domingo
S. Herraiz, Director, Bureau of Justice Assistance, Office of
Justice Programs, U.S. Department of Justice; Lonnie Wright,
Director, Oklahoma Bureau of Narcotics and Dangerous Drugs;
Sheriff Steve Bundy, Rice County (Kansas) Sheriff's Department;
Lt. George E. Colby, division commander/project director, Allen
County Drug Task Force, Allen County (Indiana) Sheriff's
Department; Joseph Heerens, senior vice president, Government
Affairs, Marsh Supermarkets, Inc., on behalf of the Food
Marketing Institute; Dr. Linda Suydam, president, Consumer
Healthcare Products Association; and Mary Ann Wagner, vice
president, Pharmacy Regulatory Affairs, National Association of
Chain Drug Stores.
SUBCOMMITTEE ON ENERGY POLICY, NATURAL RESOURCES AND REGULATORY AFFAIRS
Legislative Highlights
During 2003, the subcommittee authored six bills. During
the 108th Congress, three were considered in congressional
hearings and one of them passed the House. Another was folded
into the comprehensive energy bill, which passed the House. The
last two were not considered in congressional hearings during
the 108th Congress; however, another Government Reform
Subcommittee held hearings on predecessor versions of both
bills during the 107th Congress.
The first three included: H.R. 2138, ``Elevation of the
Environmental Protection Agency;'' H.R. 2193, ``Port Security
Improvements Act of 2003;'' and H.R. 2432, ``Paperwork and
Regulatory Improvements Act of 2003.'' The fourth was H.R. 964,
the ``Electric Refund Fairness Act.'' The last two included:
H.R. 1493, ``Revocation of Executive Order Limiting Access to
Presidential Records,'' and H.R. 1623, ``Presidential Gifts
Accountability Act.''
Legislation
As discussed in detail below, the subcommittee held two
hearings on Chairman Ose's Environmental Protection Agency
[EPA] elevation bill (H.R. 2138), and the full committee held a
hearing on Chairman Ose's bi-partisan Paperwork and Regulatory
Improvements bill (H.R. 2432). The EPA bill was not marked up
or reported out. However, H.R. 2432 was marked up and reported
out by the full committee on May 14, 2004 (House Report 108-
490), and passed the House by a 373 to 54 vote on May 18th. On
November 20, 2003 and June 9, 2004, two different
Transportation and Infrastructure Subcommittees considered
Chairman Ose's bi-partisan port security bill (H.R. 2193).
EPA Elevation
On May 15, 2003, subcommittee Chairman Ose introduced H.R.
2138, ``Elevation of the Environmental Protection Agency.'' On
June 6th and September 9th, the subcommittee held hearings to
consider this bill and a second bill (H.R. 37), which would
simply elevate EPA to department level status without making
any reforms. During the 107th Congress, the subcommittee held
three additional hearings on EPA elevation. During 2004,
subcommittee staff negotiated certain changes with the House
Science Committee staff and the Bush administration. In the
end, time did not permit a subcommittee or full committee
markup.
EPA is charged with protecting the Nation's natural
resources and human health. Although EPA has enjoyed past
successes, resolution of the next generation of environmental
challenges will require leadership and statistical and
scientific information that looks beyond the traditional point
source pollution model. Currently, the fragmented organization
of EPA is based on environmental media and pollution source,
and provides for 9 Assistant Administrators and 10 Regional
Administrators, each reporting directly to the Administrator.
This structure stymies coordination, lacks upper-level
management leadership, and facilitates inconsistent regulatory
approaches to environmental protection.
H.R. 2183 redesignates EPA as the Department of
Environmental Protection. The bill also reorganizes the
Department based on function, and establishes an independently
peer-reviewed Bureau of Environmental Statistics for the
purpose of measuring environmental and human health risks that
are used as bases for policy decisions. The reorganized
structure and the new Bureau will prepare the Department to
meet the goals of the next generation of environmental
challenges.
Port Security
On April 24, 2003, the subcommittee held a hearing to
examine port security. On May 21st, subcommittee Chairman Ose
introduced the bi-partisan H.R. 2193, ``Port Security
Improvements Act of 2003.'' On November 20th, the
Transportation and Infrastructure Subcommittee on Water
Resources and Environment held a hearing entitled, ``Financing
Port Security: Who Should Pay?'' Chairman Ose testified at the
hearing on H.R. 2193 and the Members and other witnesses
discussed it as well. On June 9, 2004, the Transportation and
Infrastructure Coast Guard and Maritime Transportation
Subcommittee held a legislative hearing on the bill. Chairman
Ose submitted testimony and public witnesses, including the
American Association of Port Authorities, expressed support for
the Ose bill.
To date, Congress has provided extensive Federal funding to
fully ensure air security. In contrast, Congress has not
provided sufficient Federal funding to fully ensure port
security. The U.S. maritime system includes more than 300 ports
with more than 3,700 cargo and passenger terminals. The vast
maritime system is particularly susceptible to terrorist
attempts to smuggle personnel, weapons of mass destruction, or
other dangerous materials into the United States. A large-scale
terrorist attack at a U.S. port would cause widespread damage
and seriously affect our economy.
Currently, the U.S. Customs Bureau collects $15.2 billion
in duties on commodities entering the United States through
marine transportation. H.R. 2193 dedicates a portion of these
duties for 5 years toward port security enhancements. In
addition, H.R. 2193 sets deadlines for issuance of regulations
governing transportation security cards, and requires
regulations that include a national minimum set of standard
security requirements for ports, facilities, and vessels.
Under the bill, ``entitlement'' funding to duty-collecting
ports and their facilities and vessels will flow through the
Department of Homeland Security, which by law must review and
approve each Area Maritime Transportation Security Plan,
Facility Security Plan, and Vessel Security Plan. The
distribution within a port would be based on the approved Area
Maritime Transportation Security Plan.
At the end of the 108th Congress, there were 34 bi-partisan
co-sponsors.
Paperwork and Regulatory Improvements
On June 11, 2003, based on extensive hearings and oversight
letters on paperwork and regulatory reform during the 107th and
108th Congresses, subcommittee Chairman Ose introduced the bi-
partisan H.R. 2432, ``Paperwork and Regulatory Improvements Act
of 2003.'' On July 22nd, the full committee held a hearing on
the bill. The bill seeks to make incremental improvements in
the existing processes governing paperwork and regulations to:
(a) increase the probability of results in paperwork reduction,
(b) assist Congress in its review of agency regulatory
proposals, and (c) improve regulatory accounting. A key
provision in the bill is a required multi-agency study of and
report to Congress on regulatory budgeting.
Paperwork has increased--instead of decreased--in each of
the last 8 years. Since the Internal Revenue Service [IRS]
accounts for over 80 percent of the government-wide paperwork
burden on the public, H.R. 2432 requires additional Office of
Management and Budget [OMB] review of and reporting to Congress
on IRS paperwork reduction.
H.R. 2432 makes permanent the authorization for the
Government Accountability Office [GAO] to respond to requests
from Congress for an independent evaluation of selective
economically significant rules proposed or issued by Federal
agencies. With this analytic help, Congress will be better
equipped to review final agency rules under the Congressional
Review Act. More importantly, Congress will be better equipped
to submit timely and knowledgeable comments on proposed rules
during the public comment period.
Also, H.R. 2432 requires certain changes to improve the
annual regulatory accounting reports. To date, OMB's six final
and a seventh draft regulatory accounting reports have all
failed to meet some of the statutorily-required content
requirements. Part of the reason is that OMB has not requested
agency estimates for each agency bureau and program, as it does
annually for its paperwork budget and for the President's
fiscal Budget. The bill requires agency input for OMB's annual
regulatory accounting statements. The reported, but not House-
passed, version of the bill also required integration into the
fiscal Budget so that Congress would be better able to
simultaneously review both the on-budget and off-budget costs
associated with each Federal agency imposing regulatory or
paperwork burdens on the public.
Last, the required multi-agency study of regulatory
budgeting will determine if agencies can better manage
regulatory burdens on the public. Agencies will identify
regulatory alternatives and then prioritize them so that the
worst societal problems can be addressed first.
Electricity
On February 27, 2003, subcommittee Chairman Ose introduced
H.R. 964, the ``Electric Refund Fairness Act of 2003.'' It was
referred to the Energy and Commerce Subcommittee on Energy and
Air Quality. The bill amends the Federal Power Act to provide
greater protection for consumers. It increases the scope of the
Federal Energy Regulatory Commission's [FERC's] civil penalty
authority and increases criminal fines from a maximum of $5,000
and 2 years in jail to $1,000,000 and 5 years in jail.
Violations of regulations are increased from $500 per day to
$25,000 per day. In addition, the bill would make parties that
were overcharged for power eligible for a refund beginning on
the date they file a complaint at FERC, rather than 60 days
later.
H.R. 964 was folded into H.R. 6, ``Energy Policy Act of
2003,'' which passed the House on November 18th.
Presidential Records
On March 27, 2003, subcommittee Chairman Ose introduced the
bi-partisan H.R. 1493, ``Revocation of Executive Order Limiting
Access to Presidential Records.'' This bill would simply revoke
President Bush's 2001 Executive Order 13233, ``Further
Implementation of the Presidential Records Act,'' and replace
it with President Reagan's 1989 implementing Executive Order
12267. It is a simpler version of the 107th bill (H.R. 4187),
which was reported out by the Government Reform Committee.
In the 1978 Presidential Records Act, Congress clearly
intended to make Presidential records available for
congressional investigations and then for the public after a
12-year period. The act authorized the National Archives and
Records Administration [NARA] to issue implementing
regulations. President Reagan's order expanded on NARA's
implementing regulations and clarified some areas not
specifically addressed in the regulations. The Bush order made
many changes, including broadening the grounds for Executive
Privilege claims. This broadening could severely limit
congressional access to key documents in its investigations of
a former administration.
In addition, the Bush order is inconsistent both with the
Presidential Records Act itself and with NARA's codified
implementing regulations. H.R. 1493 would restore the public's
rights to be fully informed about how its government operated
in the past.
Presidential Gifts
On April 3, 2003, subcommittee Chairman Ose introduced H.R.
1623, ``Presidential Gifts Accountability Act.'' This is a
revised version of the bill (H.R. 1081) he introduced in the
107th Congress. This bill establishes responsibility in one
agency for the receipt, valuation, and disposition of
Presidential gifts.
In January 2001, there were press accounts of President
Clinton's last financial disclosure report, which covered
calendar year 2000 and January 1-20, 2001. This report revealed
that the Clintons chose to retain $190,027 in gifts (each over
$260) during this period. In February 2001, there were press
accounts of numerous furniture gifts to the White House
residence, which the Clintons returned to the U.S. Government.
To prevent future abuses, the subcommittee conducted a 1-year
investigation of how the current Presidential gifts system
works and collected empirical data, and then identified what
legislative changes, if any, were needed to prevent future
abuses.
The subcommittee found that several laws, involving six
Federal offices and agencies, govern the current system. The
subcommittee identified a host of problems with the
Presidential gifts system, such as consistently undervalued
gifts and questionable White House counsel rulings. The current
system is subject to abuse and political interference. H.R.
1623 establishes responsibility in one agency--staffed by
career employees--for the receipt, valuation, and disposition
of Presidential gifts.
On October 28, 2002, the subcommittee's analysis was
presented in House Report 107-768, ``Problems with the
Presidential Gifts System.'' H.R. 1623 provides transparency
for the public, establishes discipline in the multi-agency
system, and ensures accountability.
At the end of the 108th Congress, some of the Presidential
records requested by subcommittee Chairman Ose on March 5, 2001
were still not provided by the Bush administration.
Oversight Highlights
During the 108th Congress, the subcommittee conducted
oversight over a range of issues in each of the three principal
areas within the subcommittee's jurisdiction: Energy Policy,
Natural Resources, and Regulatory Affairs. As indicated below,
the subcommittee sent 59 oversight letters--34 in Regulatory
Affairs, 15 in Energy Policy, 8 in Natural Resources, and 2 in
other areas.
In Regulatory Affairs, during the 108th Congress, the
subcommittee submitted four comment letters on the Office of
Management and Budget's [OMB's] regulatory accounting reports
(final 5th, draft 6th, final 6th, and draft 7th) and two on
OMB's draft June 2003 and draft June 2004 task force reports
that were required by the Small Business Paperwork Relief Act
[SBPRA]. In addition, the subcommittee sent OMB an August 2003
letter about its own investigation of agency SBPRA
implementation and a May 2003 letter to the Department of
Agriculture about its violations of the Paperwork Reduction
Act. Last, the subcommittee sent 17 sets of post-hearing
followup questions on regulatory accounting, paperwork
reduction, and SBPRA, 10 of which went to OMB.
In addition, the subcommittee conducted a June 2003
investigation of commercial activities identified in each
agency's Federal Activities Inventory Reform Act inventory,
with especial attention to California. Also, the subcommittee
submitted a May 2004 comment letter on the Small Business
Administration's [SBA's] proposed rule to restructure small
business size standards. In response to public comments,
including this letter, SBA withdrew its proposed rule.
In the transportation area, the subcommittee sent letters
to all six April 24, 2003 hearing witnesses on port security
regulations, and two pre-hearing letters (in March and August
2003) to the Department of Transportation [DOT] on regulations
to ensure private sector participation in mass transit and then
four post-hearing letters (from May to October 2004) to DOT
with questions on this need as well as other related private
sector participation questions. In the labor area, the
subcommittee sent a June 2003 letter to the Department of Labor
[DOL] on its protective regulations to avoid another Union
Labor Life Insurance Company-type scandal.
In Energy Policy, during 2003, the subcommittee sent four
oversight letters. The subcommittee continued oversight of the
Federal Energy Regulatory Commission's [FERC's] refund
proceedings resulting from the California energy crisis, and,
in June, requested the Government Accountability Office [GAO]
to review the U.S. Department of Agriculture's [USDA's] Rural
Utility Service's [RUS's] lending programs for electric power.
It also sent March and August letters to the Energy
Department's Energy Information Administration on California's
and New York-Connecticut's transition from MTBE to ethanol in
their gasoline and on gasoline prices.
In Energy Policy, during 2004, in addition to six sets of
post-hearing followup questions for certain Federal agency
witnesses, the subcommittee sent five oversight letters. These
included a February letter to Agriculture's RUS asking it to
extend the comment period for its proposed RUS rule to allow
GAO and USDA time to complete their pending investigations on
RUS's lending programs for electric power. In February and
April, it sent letters to the Environmental Protection Agency
[EPA] regarding Federal requirements for gasoline content. The
first letter urged EPA to approve California's request for a
waiver from the Federal minimum oxygen requirement for
reformulated gasoline. The second letter asked EPA to refrain
from relaxing its sulfur content standards and to work on means
to increase domestic gasoline supply, such as granting
California's waiver request and finding ways to increase
refinery capacity.
Last, the subcommittee sent two letters to FERC. The first,
in March, requested reconsideration of FERC's approval of
Southern California Edison's power purchase agreement with its
affiliate Mountainview Power Co. The second, in October,
recommended, in response to FERC's Notice of Inquiry (69 FR
58112), that it adopt regulations specific to the financial
reporting and cost accounting, oversight and recovery practices
of Regional Transmission Organizations [RTOs] and Independent
System Operators [ISOs].
In Natural Resources, in addition to two sets of post-
hearing followup questions for certain Federal agency
witnesses, the subcommittee submitted four comment letters on
proposed agency rules or guidance documents. In September 2003,
the subcommittee commented to EPA on California's impending
final rule on emission standards for small non-road engines. In
January 2004, the subcommittee commented on USDA's proposed
rule on mandatory country of origin labeling for certain food
products. This letter questioned how the proposed rule related
to congressional intent and presented options for USDA to
consider in implementing an interim and final rule, i.e., to
pursue legislative relief, reduce recordkeeping requirements to
limit regulatory burden, and publish nonbinding guidance for
implementing its rule. Also, in January 2004, subcommittee
Chairman Ose sent a joint oversight letter with Chairmen Davis,
Young and Duncan on EPA's proposed guidance on National
Pollutant Discharge Elimination System permit requirements for
``blending'' in municipal wastewater treatment plants during
wet weather events. Last, in September 2004, the subcommittee
sent a comment letter to the Army Corps of Engineers on its
Sacramento District Office's attempt to impose Regional
Conditions on several nationwide water permits.
Last, in February 2003, the subcommittee asked GAO to
conduct a study of Federal agency regulations of jurisdictional
waters under Section 404 of the Clean Water Act. And, in March
2003, the subcommittee sent an oversight letter to Interior's
Fish and Wildlife Service on conservation banks to insure the
survival of endangered species.
In addition, not directly related to any of the three
subcommittee's principal areas, the subcommittee sent an April
2003 oversight letter to the President as a follow up to its
107th investigation of the Presidential gifts system, and March
2004 post-hearing questions to the Department of Homeland
Security regarding its implementation of the Ose Co-Location
Amendment.
Summary of Accomplishments
The subcommittee sent 25 oversight letters (including 6
comment letters on draft and final OMB reports, 17 sets of
post-hearing questions, and 2 additional oversight letters)
concerning the administration's regulatory accounting and
paperwork reduction reports and its implementation of SBPRA.
This oversight resulted in increased current and promised
future attention to all three areas by the Bush administration.
Hearings
During the 108th Congress, the subcommittee held 24
hearings, 11 during 2003 and 13 during 2004. In the Regulatory
Affairs area, the subcommittee held 12 hearings, including: one
on regulatory reform accomplishments and initiatives underway,
two on implementation of required annual regulatory accounting,
two on implementation of the Paperwork Reduction Act, three on
implementation of the Small Business Paperwork Relief Act, one
on port security regulations, two on private sector
participation in transportation, and one on efficient and
effective homeland security.
In the Energy Policy, the subcommittee held five hearings,
including: three on gasoline prices, one on California energy
markets, and one on liquefied natural gas. In Natural
Resources, the subcommittee held seven hearings, including: two
on elevation of the Environmental Protection Agency [EPA] to a
Cabinet level department, one on EPA water enforcement, one on
specialty crops, one on wildfires in the West, one on the West
Nile Virus, and one on illegal drug production on public lands.
In addition, the full committee held a hearing on the
subcommittee's Paperwork and Regulatory Improvements Act of
2003 (H.R. 2432). Each of these is summarized below.
1. ``How To Improve Regulatory Accounting: Costs, Benefits and Impacts
of Federal Regulations,'' March 11, 2003; Serial No. 108-3
a. Summary.--On March 11, 2003, the subcommittee held its
second annual hearing on the Office of Management and Budget's
[OMB's] annual regulatory accounting report, which is required
to be submitted with the President's fiscal budget. The law
requires OMB to estimate the total annual costs and benefits
for all Federal rules and paperwork in the aggregate, by
agency, by agency program, and by major rule, and to include an
associated report on the impacts of Federal rules and paperwork
on certain groups, such as small business. The hearing examined
OMB's draft sixth annual regulatory accounting report, which
was published on the same day as release of the President's
budget.
b. Witnesses.--Dr. John D. Graham, Administrator, Office of
Information and Regulatory Affairs [OIRA], OMB; James C. Miller
III, former OMB Director and first OIRA Administrator and
current chairman, CapAnalysis Group; Dr. Jim J. Tozzi, former
OIRA Deputy Administrator and current Advisory Board Member,
the Center for Regulatory Effectiveness; Dr. Robert W. Hahn,
Director, AEI-Brookings Joint Center for Regulatory Studies;
Lisa Heinzerling, professor of law, Georgetown University Law
Center; and Rabbi Daniel J. Swartz, executive director,
Children's Environmental Health Network.
2. ``California Energy Markets: Refunds and Reform,'' April 8, 2003;
Serial No. 108-14
a. Summary.--On April 8, 2003, the subcommittee held a
hearing on California's energy markets. The hearing examined
actions by the Federal Energy Regulatory Commission [FERC] on
March 26th regarding the California energy crisis, and reviewed
progress California has made in reforming its electricity
market. Since it takes years to propose, site, and build a
power plant, reform is necessary to encourage investments in
energy generation and transmission.
b. Witnesses.--Patrick Wood III, chairman, FERC; Terry
Winter, president and chief executive officer, California
Independent System Operator; Karen Tomcala, vice president,
Regulatory Relations, Pacific Gas and Electric Co.; Gary
Ackerman, executive director, Western Power Trading Forum; Jan
Smutny-Jones, executive director, Independent Energy Producers;
and George Fraser, general manager, Northern California Power
Agency.
3. ``Mid-Term Report Card: Is the Bush Administration Doing Enough on
Paperwork Reduction?'' April 11, 2003; Serial No. 108-16
a. Summary.--On April 11, 2003, the subcommittee held its
fifth annual hearing on the administration's progress in
paperwork reduction. The Office of Management and Budget [OMB]
estimates the Federal paperwork burden on the public at over 8
billion hours. The Internal Revenue Service [IRS] accounts for
81 percent of the total. In 1980, Congress established an
Office of Information and Regulatory Affairs [OIRA] in OMB. By
law, OIRA's principal responsibility is paperwork reduction.
Paperwork burden has increased, not decreased, in each of the
last 7 years. In sum, OMB and the IRS are not doing a credible
job in paperwork reduction.
b. Witnesses.--OMB's OIRA Administrator John D. Graham;
Acting IRS Commissioner Robert E. Wenzel; John L. Henshaw,
Assistant Secretary of Labor for Occupational Safety and
Health, Department of Labor; Victor S. Rezendes, Managing
Director, Strategic Issues, General Accounting Office; Joanne
E. Peterson, president and CEO, Abator in Pittsburgh, PA;
Victor Schantz, president, Schantz Organ Co. in Orrville, OH;
and Frank C. Fillmore, Jr., president, the Fillmore Group, Inc.
in Ellicott City, MD.
4. ``What Regulations are Needed to Ensure Port Security?'' April 24,
2003; Serial No. 108-23
a. Summary.--On April 24, 2003, the subcommittee held a
field hearing in California's Port of Los Angeles on how best
to achieve port security. On November 25, 2002, the President
signed the Maritime Transportation Security Act into law. This
law provided for interim final rules on anti-terrorism plans
for port security, facility security, and vessel security, and
other rules to follow, such as for transportation security
cards. The hearing examined what Federal regulations are needed
to ensure port security for various aspects, such as security
of United States and foreign ports, facility security, vessel
security, cargo identification and screening, and
transportation security cards and background checks.
b. Witnesses.--Larry Keller, executive director, Port of
Los Angeles; Timothy Parker, executive secretary, Steamship
Association of Southern California; John Ochs, security
manager, Maersk Sealand, Ltd.; Rob Marshall-Johns, director of
operations and quality control, the Oppenheimer Group;
Stephanie Williams, vice president, California Trucking
Association; and Dr. Domenick Miretti, senior liaison, Ports of
Los Angeles and Long Beach, International Longshore and
Warehouse Union.
5 & 6. ``Elevation of the Environmental Protection Agency to
Departmental Level Status: H.R. 37 and H.R. 2138,'' June 6,
2003, and ``Elevation of the EPA to Department Level Status:
Federal and State Views,'' September 9, 2003; Serial No. 108-50
a. Summary.--The subcommittee held two legislative hearings
on two bills to elevate the Environmental Protection Agency
[EPA] to a Cabinet level department: H.R. 37 that simply
elevates EPA to department-level status, and H.R. 2138 that
reorganizes EPA and creates a Bureau of Environmental
Statistics. Since its creation in 1970, EPA has grown from a
small agency to one with about 18,000 employees and a budget of
$7.7 billion. Over the last 30 years, 11 major environmental
laws expanded EPA's jurisdiction and delegated most
implementation activities to the States. EPA now faces new
environmental challenges originating from non-point sources
that are difficult to regulate. EPA's current structure lacks
adequate oversight and coordination of its offices to ensure
that science, policy and implementation are integrated
throughout EPA. By reorganizing EPA and providing the
statistical tools to understand our changing environment, a
Cabinet level department could do a better job of protecting
the environment than it currently does as an independent
Federal agency.
b. Witnesses.--June 6th hearing--Dr. Paul Portney,
president, Resources for the Future; Janice Mazurek, director
for innovation and the environment, Progressive Policy
Institute; Dr. George Gray, deputy director, Center for Risk
Analysis, Harvard School of Public Health; Dr. Steven Hayward,
F.K. Weyerhaeuser fellow, American Enterprise Institute; Wesley
Warren, senior fellow for environmental economics, Natural
Resources Defense Council; and Rena U. Steinzor, professor,
University of Maryland School of Law and Board Member, Center
for Progressive Regulation.
September 9th hearing--Marianne L. Horinko, Acting
Administrator, EPA; James L. Connaughton, chairman, Council on
Environmental Quality; State Representative Warren Chisum,
Texas House of Representatives; Howard Roitman, director of
environmental programs, Colorado Department of Public Health
and Environment; Dr. Ron Hammerschmidt, director, Division of
Environment, Kansas Department of Health and Environment; E.
Donald Elliott, former EPA general counsel and partner at the
law firm of Willkie, Farr & Gallagher; Dr. A. Alan Moghissi,
president, Institute for Regulatory Science; and Gary S. Guzy,
former EPA General Counsel and partner at the law firm of Foley
Hoag LLP.
7. ``California Gasoline Markets: From MTBE to Ethanol,'' July 2, 2003;
Serial No. 108-65
a. Summary.--On July 2, 2003, the subcommittee held the
first of three 108th hearings on gasoline prices. This field
hearing in Diamond Bar, CA focused on California's gasoline
markets. It reviewed the transition from using MTBE to ethanol
in California's reformulated gasoline and the cause of the
recent gasoline price spikes. The biggest difference between
2003's price spike and previous price spikes was the use of
ethanol in California's gasoline. Ethanol is an inferior
product to MTBE in terms of its performance as a gasoline
additive and its effect on air quality. The hearing provided an
important look into the challenges of using ethanol-blended
gasoline outside the Midwest since 15 other States, besides
California, have banned MTBE. In addition, on March 27th, the
subcommittee requested that the Energy Information
Administration [EIA] report on the cause of these price spikes.
b. Witnesses.--Guy Caruso, Administrator, EIA, Department
of Energy; William J. Keese, chairman, California Energy
Commission; Joe Sparano, president, Western States Petroleum
Association; Bob Gregory, vice president and general manager of
Valero's Wilmington, CA Refinery; and Lynne Kiesling, director
of economic policy, Reason Public Policy Institute.
8. ``What is OMB's Record in Small Business Paperwork Relief?'' July
18, 2003; Serial No. 108-82
a. Summary.--On July 18, 2003, the subcommittee held the
first of three joint hearings with the Small Business
Subcommittee on Regulatory Reform and Oversight to examine the
administration's record in paperwork reduction and burden
relief for small businesses. The Small Business Paperwork
Relief Act of 2002 required the Office of Management and Budget
[OMB] to take certain actions by June 28, 2003, including to:
(a) publish the first annual list of all compliance assistance
resources available to small businesses; (b) have each agency
establish one point of contact to act as a liaison between
small businesses and the agency regarding paperwork
requirements; and, (c) report to Congress on the findings of an
interagency task force, chaired by OMB. The hearing concluded
that OMB's two June 27th published documents were incomplete
and unsatisfactory, its task force report was unresponsive, and
its track record in small business paperwork reduction was
dismal.
b. Witnesses.--Senator George V. Voinovich, chairman,
Senate Governmental Affairs Subcommittee on Oversight of
Government Management, the Federal Workforce and the District
of Columbia; Representative Donald A. Manzullo, chairman, House
Small Business Committee; Dr. John D. Graham, Administrator,
Office of Information and Regulatory Affairs, OMB; Karen
Kerrigan, chairman, Small Business Survival Committee; and
Andrew Langer, manager, Regulatory Policy, National Federation
of Independent Business.
9. ``H.R. 2432, Paperwork and Regulatory Improvements Act of 2003,''
July 22, 2003; Serial No. 108-68
a. Summary.--On July 22, 2003, the full committee held a
legislative hearing on the subcommittee's Paperwork and
Regulatory Improvements Act of 2003 (H.R. 2432). The bill seeks
to make incremental improvements in the existing processes
governing paperwork and regulations to: (a) increase the
probability of results in paperwork reduction, (b) assist
Congress in its review of agency regulatory proposals, and (c)
improve regulatory accounting. Among several provisions, the
bill makes permanent the authorization for the General
Accounting Office to respond to requests from Congress for an
independent evaluation of selective economically significant
rules proposed or issued by Federal agencies, and establishes
pilot projects for regulatory budgeting.
b. Witnesses.--Dr. John D. Graham, Administrator, Office of
Information and Regulatory Affairs [OIRA], Office of Management
and Budget [OMB]; Thomas M. Sullivan, Chief Counsel for
Advocacy, Small Business Administration; Fred L. Smith, Jr.,
president and founder, Competitive Enterprise Institute; Dr.
Wendy Lee Gramm, Director, Regulatory Studies Program, Mercatus
Center, George Mason University, and former Administrator,
OIRA, OMB; John Sample, vice president of sales and marketing,
Peake Printers, Inc. on behalf of the National Association of
Manufacturers; and Raymond Arth, president and CEO, Phoenix
Products, Inc. and first vice chairman, National Small Business
Association.
10. ``Drug Production on Public Lands--A Growing Problem,'' October 10,
2003; Serial No. 108-138
a. Summary.--On October 10, 2003, the subcommittee held a
joint hearing in California's Sequoia National Park with the
Government Reform Subcommittee on Criminal Justice, Drug Policy
and Human Resources to examine drug production on public lands.
The hearing explored the increase of illegal drug production in
our national parks and forests and available tools to combat
this problem. For years, relatively small illegal drug
operations existed on our national lands. After September 11,
2001, however, our border security tightened significantly, and
drug smugglers reacted by moving drug production from Mexico to
the United States. Growers have little concern for the
environmental damage they cause. In addition, drug production
also increases the risk of forest fires.
b. Witnesses.--Richard Martin, Superintendent, Sequoia and
Kings Canyon National Parks, National Park Service, Department
of the Interior; Arthur Gaffrey, Forest Supervisor, Sequoia
National Forest, Forest Service, Department of Agriculture;
Stephen C. Delgado, Special Agent in Charge, San Francisco
Field Division, Drug Enforcement Administration, Department of
Justice; Val Jiminez, special agent supervisor, and commander,
Campaign Against Marijuana Planting, California Bureau of
Narcotics Enforcement; Lisa Mulz, superintendent of law
enforcement and public safety, California Department of Parks
and Recreation; Captain David Williams, Tulare County sheriff;
and Joe Fontaine, member, Board of Directors, Wilderness Watch.
11. ``EPA Water Enforcement: Are We On the Right Track?'' October 14,
2003; Serial No. 108-157
a. Summary.--On October 14, 2003, the subcommittee held a
field hearing in Ipswich, MA on water enforcement activities by
the Environmental Protection Agency [EPA]. The hearing explored
the mutually reinforcing relationship between EPA's strategy of
compliance assistance and formal enforcement. Since the mid-
1990's, EPA has increasingly used compliance assistance
programs, in conjunction with traditional enforcement tools, to
help facilities comply with Federal environmental laws and
regulations. Tabulating the number of enforcement actions--or
outputs--does not measure actual results. Collaborative efforts
can only be measured by more meaningful outcome performance
data, such as the changes in the quality of the water.
b. Witnesses.--J.P. Suarez, Assistant Administrator, Office
of Enforcement and Compliance Assurance, EPA; Robert Varney,
Regional Administrator, Region I, EPA; Steve Thompson,
executive director, Oklahoma Department of Environmental
Quality; Shelley H. Metzenbaum, visiting professor, University
of Maryland School of Public Affairs and Director,
Environmental Compliance Consortium; Roberta Savage, executive
director, Association of State and Interstate Water Pollution
Control Administrators; Scott H. Segal, partner at Bracewell &
Patterson LLP; J. Charles Fox, vice president of public
affairs, Chesapeake Bay Foundation; Pam DiBona, vice president
for policy, Environmental League of Massachusetts; and Eric
Shaeffer, director, Environmental Integrity Project.
12. ``Problems Facing the Specialty Crop Industry,'' December 12, 2003;
Serial No. 108-151
a. Summary.--On December 12, 2003, the subcommittee held a
field hearing in Salinas, CA on problems facing the U.S.
specialty crop industry. The hearing examined the domestic and
international issues faced by this industry, and identified
needed legislative and regulatory changes to moderate adverse
impacts so that U.S. specialty crops can effectively compete in
the international marketplace.
The U.S. agricultural sector is primarily divided into two
types of crops: program crops and specialty crops. Program
crops are farm commodities, such as wheat, corn, cotton, and
rice. Specialty crops are comprised of 250 different crops,
including fruits, nuts, vegetables, forage crops, flowers, wine
grapes, and other agricultural commodities. In contrast to
program crops, specialty crops do not receive any Federal price
supports. Moreover, they are marketed to foreign countries,
some of which have provided price supports for their own
specialty crop industries.
b. Witnesses.--A.G. Kawamura, secretary, California
Department of Food and Agriculture; Joseph Zanger, president,
California Farm Bureau Federation; Jim Bogart, president,
Grower-Shipper Vegetable Association of Central California;
John D'Arrigo, chairman, Western Growers Association; and
Robert Nielsen, vice president, Tanimura & Antle.
13. ``What is the Administration's Record in Relieving Burden on Small
Business?'' January 28, 2004; Serial No. 108-142
a. Summary.--On January 28, 2004, the subcommittee held the
second of three joint hearings with the Small Business
Subcommittee on Regulatory Reform and Oversight to examine the
administration's record in paperwork reduction and burden
relief for small businesses. The Small Business Paperwork
Relief Act of 2002 required the Office of Management and Budget
[OMB] to take certain actions by June 28, 2003 and others by
December 31st.
The hearing reviewed: (a) OMB's still incomplete listing of
each agency's single point of contact to act as a liaison
between small business and the agency, (b) OMB's still
incomplete listing of agency compliance assistance resources
available to small businesses, (c) the incomplete initial
agency enforcement reports (due December 31st), and (d)
additional significant (over 100,000 hours each) paperwork
reduction accomplishments and plans to benefit small business.
In addition, the three key regulatory agencies--the Departments
of Labor [DOL] and Transportation [DOT] and the Environmental
Protection Agency [EPA]--discussed their track record in
relieving enforcement burdens on small business. The
subcommittee sent extensive post-hearing questions to OMB and
DOL.
b. Witnesses.--Dr. John D. Graham, Administrator, Office of
Information and Regulatory Affairs, OMB; Patrick Pizzella,
Assistant Secretary for Administration and Management, DOL;
Jeffrey Rosen, General Counsel, DOT; Kimberly Terese Nelson,
Assistant Administrator for Environmental Information, EPA;
Harold Igdaloff, president, Sungro Chemicals, Inc., California,
on behalf of the National Small Business Association; and
Andrew Langer, manager, regulatory policy, the National
Federation of Independent Business.
14. ``How to Improve Regulatory Accounting: Costs, Benefits, and
Impacts of Federal Regulations--Part II,'' February 25, 2004;
Serial No. 108-159
a. Summary.--On February 25, 2004, the subcommittee held
its third annual hearing on the Office of Management and
Budget's [OMB's] annual regulatory accounting report, which is
required to be submitted with the President's fiscal budget.
The law requires OMB to estimate the total annual costs and
benefits for all Federal rules and paperwork in the aggregate,
by agency, by agency program, and by major rule, and to include
an associated report on the impacts of Federal rules and
paperwork on certain groups, such as small business. The
hearing examined OMB's draft seventh annual regulatory
accounting report, which was published 11 days after the
statutory deadline for the final report. The subcommittee sent
extensive post-hearing questions to OMB.
b. Witnesses.--Dr. John D. Graham, Administrator, Office of
Information and Regulatory Affairs, OMB; Thomas M. Sullivan,
Chief Counsel for Advocacy, Small Business Administration;
William Kovacs, Vice President, Environment, Technology and
Regulatory Affairs, U.S. Chamber of Commerce; Susan Dudley,
director, regulatory studies program, Mercatus Center, George
Mason University; Dr. Richard B. Belzer, president, Regulatory
Checkbook; Joan Claybrook, president, Public Citizen; and
Robert R.M. Verchick, Ruby M. Hulen professor of law,
University of Missouri at Kansas City School of Law,
representing the Center for Progressive Regulation.
15. ``The Homeland Security Department's Plan to Consolidate and Co-
Locate Regional and Field Offices: Improving Communication and
Coordination,'' March 24, 2004; Serial No. 108-168
a. Summary.--On March 24, 2004, the subcommittee held a
joint oversight hearing with Government Reform Subcommittee on
National Security, Emerging Threats and International Relations
on the Department of Homeland Security's [DHS's] efforts to
implement Section 706 of the Department of Homeland Security
Act (Public Law 107-296). Section 706 required DHS to develop a
plan to consolidate and co-locate the former Federal agencies'
regional and field offices within the same municipality that
were transferred to DHS and to submit a report to Congress by
November 25, 2003. DHS filed its plan on February 4, 2004
without addressing the specific issues mandated by Section 706.
After the hearing, the subcommittee submitted followup
questions to DHS Under Secretary Asa Hutchinson regarding
implementation of a field and regional office plan, cost
savings, cross training, technical assistance, best practices
and cooperation with the Department of Defense. After
responding to the questions, DHS agreed in writing to submit a
final and responsive report on implementation of Section 706 to
the subcommittee by 1 year after the statutory deadline, i.e.,
by November 25, 2004.
b. Witnesses.--Asa Hutchinson, Under Secretary for Border
and Transportation Security, DHS; James Lee Witt, president,
James Lee Witt Associates, LLP and former Director of the
Federal Emergency Management Agency; C. Morgan Kinghorn,
president, National Academy of Public Administration; Edward A.
Flynn, secretary, Executive Office of Public Safety, State of
Massachusetts, on behalf of the National Governors Association;
Karen Anderson, mayor, city of Minnetonka, MN, on behalf of the
National League of Cities; and Dr. Martin Fenstersheib, health
officer for the Santa Clara County Public Health Department,
San Jose, CA, on behalf of the National Association of County
and City Health Officers.
16. ``What is the Bush Administration's Economic Growth Plan Component
for Paperwork Reduction?'' April 20, 2004; Serial No. 108-197
a. Summary.--On April 20, 2004, the subcommittee held its
sixth annual hearing on the administration's progress in
paperwork reduction. The Office of Management and Budget [OMB]
estimates the Federal paperwork burden on the public at over 8
billion hours. The Internal Revenue Service [IRS] accounts for
over 80 percent of the total. In 1980, Congress established an
Office of Information and Regulatory Affairs [OIRA] in OMB. By
law, OIRA's principal responsibility is paperwork reduction.
Paperwork burden has increased, not decreased, in each of the
last 8 years. In sum, OMB and the IRS are not doing a credible
job in paperwork reduction. The subcommittee sent extensive
post-hearing questions to OMB and the IRS.
b. Witnesses.--OMB's OIRA Administrator John D. Graham; IRS
Commissioner and former OMB Deputy Director for Management Mark
W. Everson; Patricia A. Dalton, Director, Strategic Issues,
General Accounting Office; Daniel Clifton, Federal affairs
manager, Americans for Tax Reform; Paul Hense, president, Paul
A. Hense CPA, P.C., on behalf of the National Small Business
Association; and Raymond J. Keating, chief economist, Small
Business Survival Committee.
17. ``Wildfires in the West: Is the Bush Administration's Response
Adequate?'' May 5, 2004; Serial No. 108-178
a. Summary.--On May 5, 2004, the subcommittee held a
hearing on the administration's efforts to prevent catastrophic
wildfires in the West. In 2000 and 2002, the United States
experienced two of the worst wildfires in 50 years. In
response, President Bush launched his Healthy Forests
Initiative [HFI] and signed into law the Healthy Forests
Restoration Act [HFRA]. The hearing assessed the sufficiency of
HFI and HFRA in the long-term prevention of wildfires and also
examined how Federal, State, and local entities can further
increase cooperation and coordination to address future fires.
After the hearing, the subcommittee sent post-hearing questions
to the U.S. Department of Agriculture [USDA] relating to the
conditions for its release of Federal funds to States and
counties for wildfire prevention.
b. Witnesses.--P. Lynn Scarlett, Assistant Secretary for
Policy, Management, and Budget, Department of the Interior;
Mark Rey, Under Secretary for Natural Resources and
Environment, USDA; Montana Governor Judy Martz on behalf of
Western Governors' Association (who submitted written
testimony); William Campbell, chairman, California Governor's
Blue Ribbon Fire Commission; Bruce Tuberville, chairman, the
Fire Safe Council; William J. McCammon, president, California
Fire Chiefs Association; and Amy Mall, senior forest policy
analyst, Natural Resources Defense Council.
18. ``How Can We Maximize Private Sector Participation in
Transportation?--Part I,'' May 18, 2004; Serial No. 108-220
a. Summary.--On May 18, 2004, the subcommittee held its
first of two hearings on maximizing private sector
participation in transportation. The hearing explored
opportunities for further private sector participation in
ground transportation and past experiences with public-private
partnerships, service delivery by competitively-award private
sector providers, and existing private sector transportation
services. Also, the subcommittee examined the Department of
Transportation's [DOT's] record in facilitating private sector
participation in transportation and in faithfully implementing
the various private sector participation statutory provisions
through its codified rules, oversight, enforcement, and other
initiatives. The subcommittee sent three sets of post-hearing
questions to DOT--on May 28th, July 9th, and August 4th. Due to
the answers received, the subcommittee held a followup hearing
on September 30th.
b. Witnesses.--Emil Frankel, Assistant Secretary for
Transportation Policy, DOT; William R. Allen, president, Amador
Stage Lines, Sacramento, CA; Katsumi Tanaka, chairman of the
Board & CEO, E Noa Corp., Honolulu, HI; Terrence V. Thomas,
president, Community Bus Services, Inc., Youngstown, OH; Dr.
Adrian Moore, vice president, Reason Foundation and executive
director, Reason Public Policy Institute; Dr. Ronald D. Utt,
Herbert & Joyce Morgan senior research fellow, the Heritage
Foundation; and Dr. Max B. Sawicky, economist, Economic Policy
Institute.
19. ``Easing Pain at the Gasoline Pump: Finding Solutions for Western
Woes,'' May 28, 2004; Serial No. 108-203
a. Summary.--On May 28, 2004, the subcommittee held the
second of three 108th hearings on gasoline prices. This field
hearing in Henderson, NV examined short and long-term
regulatory solutions to the gasoline supply problem that had
driven up prices in California and the Nation. The subcommittee
considered various approaches, some of which focused on
increasing supply, such as streamlining environmental laws and
regulations, reducing the number of boutique fuels, increasing
imports of finished gasoline and fuel blending components, and
adding additional gasoline storage capacity. Potential demand-
side solutions that the subcommittee considered were improving
vehicle fuel economy, encouraging the use of alternative energy
or hybrid vehicles, and providing incentives for public
transportation and carpooling.
b. Witnesses.--Richard Burdette, energy advisor to Governor
Guinn, State of Nevada; William Keese, chairman, California
Energy Commission; Lynette Evans, policy advisor regulatory
affairs, Office of Governor Napolitano, State of Arizona; Joe
Sparano, president, Western States Petroleum Association; Sean
Comey, media relations representative, AAA of Northern
California, Nevada and Utah; David Hackett, president,
Stillwater Associates; and Tyson Slocum, research director,
Public Citizen's Energy Program.
20. ``LNG Import Terminal and Deepwater Port Siting: Federal and State
Roles,'' June 22, 2004; Serial No. 108-238
a. Summary.--On June 22, 2004, the subcommittee held a
hearing addressing how Federal and State regulatory frameworks
were furthering various policy goals, such as competitive
pricing, regional supply, safety, and environmental integrity,
and playing complementary or redundant roles. The agencies were
asked how they planned to address barriers to liquefied natural
gas [LNG] siting, such as local community fears and conflicting
laws. The subcommittee also sent the three Federal agency
witnesses (representing the Federal Energy Regulatory
Commission [FERC], the Department of Energy [DOE], and the U.S.
Coast Guard) followup questions about steps contemplated or
being taken to streamline the siting process, clarify agency
roles, and modernize regulations, and about anticipated
economic consequences if sufficient new facilities failed to be
sited.
b. Witnesses.--Patrick H. Wood III, chairman, FERC; David
Garman, Acting Under Secretary, DOE; Rear Admiral Larry Hereth,
Director, Office of Port Security, U.S. Coast Guard, Department
of Homeland Security; Jay Blossman, commissioner, Louisiana
Public Service Commission; Joe Desmond, deputy secretary,
energy, California Resources Agency; Kenneth D. Schisler,
chairman, Maryland Public Service Commission; Donald Santa,
president, Interstate Natural Gas Association of America; and
Philip Warburg, president, Conservation Law Foundation.
21. ``Driving Down the Cost of Filling Up,'' July 7, 2004; Serial No.
108-241
a. Summary.--On July 7, 2004, the subcommittee held the
third of three 108th hearings on gasoline prices. This hearing
focused on the regulatory causes underlying high gasoline
prices and potential solutions, and examined steps appropriate
from a regulatory standpoint to expand and enhance the
petroleum infrastructure to encourage upgrades and expansions.
The subcommittee addressed the cumulative affect of
governmental regulations, such as those mandating fuel content,
gasoline supply and prices, and California's de facto ethanol
mandate and its waiver request to the Environmental Protection
Agency [EPA].
The subcommittee sent followup questions to EPA, the
Federal Trade Commission [FTC] on its investigations of
petroleum company mergers, the Government Accountability Office
[GAO], and the National Petrochemical and Refiners Association
on costs associated with refining gasoline.
b. Witnesses.--Guy F. Caruso, Administrator, Energy
Information Administration, Department of Energy [DOE]; Mark R.
Maddox, Acting Assistant Secretary for Fossil Energy, DOE;
Jeffrey R. Holmstead, Assistant Administrator for Air and
Radiation, EPA; William E. Kovacic, General Counsel, FTC; Jim
Wells, Director, Natural Resources and Environment, GAO; Robert
Slaughter, president, National Petrochemical and Refiners
Association and on behalf of the American Petroleum Institute;
Michael Ports, president, Ports Petroleum Co., Inc., and on
behalf of the Society of Independent Gasoline Marketers and the
National Association of Convenience Stores; Ben Lieberman,
senior policy analyst, Competitive Enterprise Institute; and A.
Blakeman Early, environmental consultant, American Lung
Association.
22. ``What is the Administration's Record in Relieving Burden on Small
Business?--Part II,'' July 20, 2004; Serial No. 108-255
a. Summary.--On July 20, 2004, the subcommittee held the
third of three joint hearings with the Small Business
Subcommittee on Regulatory Reform and Oversight to examine the
administration's record in paperwork reduction and burden
relief for small businesses. The Small Business Paperwork
Relief Act of 2002 required the Office of Management and Budget
[OMB] to take certain actions by June 28, 2003, others by
December 31st, and others by June 28, 2004.
The hearing reviewed: (a) OMB's still incomplete listing of
each agency's single point of contact to act as a liaison
between small business and the agency, (b) OMB's still
incomplete listing of agency compliance assistance resources
available to small businesses, (c) the still incomplete agency
enforcement reports, (d) the second report of an OMB-chaired
interagency task force (due June 28, 2004), and (e) additional
significant (over 100,000 hours each) paperwork reduction
accomplishments and plans to benefit small business. The
hearing concluded that OMB's June 2003 and June 2004 task force
reports were unresponsive to congressional specifications and
intent, and its track record in small business paperwork
reduction remained dismal. The subcommittee sent extensive
post-hearing questions to OMB, Treasury, and the General
Services Administration [GSA].
b. Witnesses.--Dr. John D. Graham, Administrator, Office of
Information and Regulatory Affairs, OMB; Jesus Delgado-Jenkins,
Acting Assistant Secretary for Management and Budget & Chief
Financial Officer, Department of the Treasury; Felipe Mendoza,
Associate Administrator, Office of Small Business Utilization,
GSA; Joseph Acker, president, Synthetic Organic Chemical
Manufacturers Association; Anita Drummond, director of legal
and regulatory affairs, Associated Builders and Contractors,
Inc.; and John DiFazio, assistant general counsel--legal/
regulatory affairs, Consumer Specialty Products Association.
23. ``How Can We Maximize Private Sector Participation in
Transportation?--Part II,'' September 30, 2004
a. Summary.--On September 30, 2004, the subcommittee held
its second of two hearings on maximizing private sector
participation in transportation. The hearing focused on mass
transit and highways, and further explored the Department of
Transportation's [DOT's] record in implementing the various
statutory and regulatory private sector participation
requirements. The subcommittee found that, since Chairman Ose's
August 2003 request, DOT neither initiated a rulemaking to
implement the various statutory private sector participation
provisions nor took an enforcement action against a clearly
noncompliant grantee. In addition, the subcommittee found that,
in other cases, DOT has not enforced its own regulations and,
thus, allowed local transit authorities to compete unfairly
with existing private mass transit service providers.
The subcommittee sent extensive post-hearing questions to
DOT, and more limited questions to the DC Department of
Transportation and the former Chief Counsel for DOT's Federal
Transit Administration [FTA].
b. Witnesses.--Jennifer Dorn, Administrator, FTA, DOT; Dan
Tangherlini, Director, DC Department of Transportation; Tom
Mack, chairman, Tourmobile Sightseeing, Washington, DC; David
Smith, director of marketing and sales, Oleta Coach Lines,
Inc., Williamsburg, VA; Jerome Cooper, chairman, Transit
Alliance & president, Jamaica Buses, Inc., Jamaica, NY; Steven
Diaz, esq., former Chief Counsel, FTA, DOT; and Shirley Ybarra,
president, Ybarra Group and council member, the National
Council for Public-Private Partnerships, and former
commissioner, Virginia Department of Transportation (who
submitted written testimony).
24. ``Current Challenges in Combating the West Nile Virus,'' October 6,
2004; Serial No. 108-274
a. Summary.--On October 6, 2004, the subcommittee held a
hearing examining recent activities and challenges to Federal,
State and local efforts to control or eliminate the West Nile
Virus epidemic. In the summer of 2004, California and Arizona
faced a West Nile Virus epidemic. The subcommittee examined the
impact of Federal court decisions and Clean Water Act citizen
lawsuits and the need for and effect of National Pollutant
Discharge Elimination System [NPDES] permits on the ability of
local vector control districts to fight the severe public
health crisis caused by the West Nile Virus.
The subcommittee submitted post-hearing questions to the
Environmental Protection Agency [EPA] regarding efforts to curb
citizen lawsuits, issue final nonbinding guidance, promulgate a
regulation, and the availability of reduced risk pesticides.
Additionally, the subcommittee sent post-hearing questions to
the California Vector Control Association regarding mosquito
abatement efforts, impact of the NPDES permit, and nonbinding
guidance or a binding regulation.
b. Witnesses.--Dr. Anthony S. Fauci, Director, National
Institute of Allergy and Infectious Diseases, National
Institutes of Health, Department of Health and Human Services
[HHS]; Dr. Stephen M. Ostroff, Deputy Director, National Center
for Infectious Diseases, Centers for Disease Control, HHS;
Benjamin J. Grumbles, Acting Assistant Administrator, Office of
Water, EPA; John Pape, chief epidemiologist, Colorado
Department of Public Health & Environment; Dr. Jonathan
Weisbuch, director of public health Maricopa County, AZ; Joe
Conlon, technical advisor, American Mosquito Control
Association; David Brown, Chair, Integrated Pest Management,
Mosquito and Vector Control Association of California; Wendy
Station, founder, Encephalitis Global; and Dr. A. Marm
Kilpatrick, senior research scientist, Consortium for
Conservation Medicine at Wildlife Trust.
25. ``What is the Bush Administration's Record in Regulatory Reform?''
November 17, 2004
a. Summary.--On November 17, 2004, the subcommittee held a
hearing to examine the Bush administration's 4-year record in
regulatory reform, especially for public nominations made in
response to the Office of Management and Budget's [OMB's]
annual regulatory accounting reports. The hearing also
specifically explored public nominations affecting small
business and several existing rules issued by the Department of
Labor [DOL] and the Environmental Protection Agency [EPA],
including DOL's rules for the Family and Medical Leave Act
[FMLA], and EPA's rules for its Toxic Release Inventory [TRI],
New Source Review [NSR], and mercury. The subcommittee
submitted post-hearing questions to OMB for details about the
administration's record and process.
b. Witnesses.--Dr. John D. Graham, Administrator, Office of
Information and Regulatory Affairs, OMB; Stephen L. Johnson,
Deputy Administrator, EPA; Howard M. Radzely, Solicitor, DOL;
Thomas M. Sullivan, Chief Counsel for Advocacy, Small Business
Administration; William Kovacs, vice president, Environment,
Technology and Regulatory Affairs, U.S. Chamber of Commerce;
Todd O. McCracken, president, National Small Business
Association; Nancy McKeague, senior vice president, Michigan
Health & Hospital Association, representing the Society for
Human Resource Management; James L. Gattuso, research fellow in
regulatory policy, the Heritage Foundation; Catherine O'Neill,
associate professor, Seattle University School of Law,
representing the Center for Progressive Regulation; and John A.
Paul, supervisor, Regional Air Pollution Control Agency,
Dayton, OH, representing the State and Territorial Air
Pollution Program Administrators.
SUBCOMMITTEE ON GOVERNMENT EFFICIENCY AND FINANCIAL MANAGEMENT
Legislation
1. H.R. 4259, The Department of Homeland Security Financial
Accountability Act
The Chief Financial Officers Act (CFO Act) of 1990, Public
Law 101-576, is the cornerstone of Federal financial management
reform. It came about after 5 years of debate and made sweeping
changes to the way the Federal Government manages its finances,
with the advent of financial audits and a new commitment to
sound financial management. The CFO Act established a
leadership structure within the 24 largest departments and the
Office of Management and Budget [OMB] by establishing a Chief
Financial Officer [CFO] in all major executive departments.
Legislation that created the Department of Homeland Security
did not include the new agency among those covered by the CFO
Act.
On July 24, 2003, Government Efficiency and Financial
Management Subcommittee Chairman Todd Platts (R-PA) introduced
H.R. 2886, the ``Department of Homeland Security Financial
Accountability Act,'' to ensure that DHS would be subject to
the same financial accountability requirements as all other
cabinet-level departments by applying the provisions of the CFO
Act.
H.R. 2886 required the CFO at DHS to be appointed by the
President with the advice and consent of the Senate, reporting
directly to the Secretary. Furthermore, the bill ensured that
DHS would be required to comply with the Federal Financial
Management Improvement Act of 1996 (enacted as Title VIII of
the Omnibus Consolidated Appropriations for Fiscal Year 1997,
Public Law 104-208), which established important financial
management systems requirements for CFO Act agencies.
Additionally, H.R. 2886 required an opinion-level audit of
internal accounting controls at DHS. The requirements spelled
out in H.R. 2886 were designed to make sure that financial
management was a high priority at DHS.
The subcommittee passed the bill unanimously by voice vote
and reported it favorably to the full Committee on Government
Reform on September 24, 2003. The full committee then passed
the bill unanimously by voice vote on November 6, 2003 and
reported it favorably to the House of Representatives. The
House Select Committee on Homeland Security also marked up H.R.
2886 and reported a significantly different version to the
House of Representatives. H.R. 2886 was not considered by the
full House of Representatives.
The legislation was reintroduced in May 2004 as H.R. 4259
and represented a compromise between the House Government
Reform Committee and Select Committee on Homeland Security.
H.R. 4259, in addition to including the CFO Act and internal
control audit requirements of H.R. 2886, also included
important provisions insisted upon by the House Select
Committee on Homeland Security to establish in statute the
existing Office of Program Analysis and Evaluation, as well as
an annual requirement for a Future Years Homeland Security
Program and Homeland Security Strategy.
H.R. 4259 passed the House Government Reform Committee in
May 2004. The House Select Committee on Homeland Security
discharged the legislation. The bill passed the House of
Representatives on July 20, 2004, and cleared the Senate on
September 30, 2004. On October 16, 2004, the legislation was
signed into law by President Bush and became Public Law 108-
330.
2. H.R. 3826, The Program Assessment and Results Act
In August 2001, President Bush announced an ambitious
agenda to reform government management and improve the
performance of Federal programs. The President's management
agenda focuses on areas where the need and opportunity to
improve are the greatest. The budget and performance
integration initiative, a key facet of the President's
management agenda, stresses the need to make budget decisions
based on results. To implement this initiative, the
administration developed the Program Assessment Rating Tool
[PART], to evaluate a program's purpose, management, results
and accountability to determine its overall effectiveness.
The subcommittee believes that the process of evaluating
the efficiency and effectiveness of the Federal Government
program-by-program is necessary to ensure that tax dollars are
being spent in the most appropriate manner. To that end, on
February 25, 2004, subcommittee Chairman Todd R. Platts and
full committee Chairman Tom Davis introduced H.R. 3826, the
``Program Assessment and Results Act,'' to amend and improve
the Government Performance and Results Act [GPRA] of 1993,
Public Law 103-62.
The Program Assessment and Results [PAR] Act is designed to
improve the GPRA by implementing a program review and
evaluation process that attempts to determine the strengths and
weaknesses of Federal programs with a particular focus on
results. Furthermore, the information gathered in the review
and evaluation process established by the PAR Act will build on
the groundwork laid by GPRA to help the executive branch make
informed management decisions and evidence-based funding
requests aimed at achieving positive results. Finally, the
program reviews created by the PAR Act will provide
congressional policymakers with the information needed to
conduct more effective oversight, to make better-informed
authorization decisions, and to make more evidence-based
spending decisions.
The PAR Act amends GPRA to require the Director of the
Office of Management and Budget [OMB] to review each Federal
program, as defined by OMB, at least once every 5 fiscal years.
The choice of a 5-year cycle divides the workload of evaluating
all Federal programs into manageable segments. Attempting to
evaluate the performance of all Federal programs in 1 year was
a major impediment to the success of past attempts at
performance measurement. The 5-year cycle also parallels the
timeframe used by OMB in its Program Assessment Rating Tool
[PART], which OMB has used to evaluate programs, representing
20 percent of all Federal spending each year beginning with the
fiscal year 2003 budget cycle. The PAR Act does not interfere
with OMB's timeline for using PART to complete program
assessments of each program in the Federal budget, nor does the
PAR Act attempt to codify the specific methodology used by
PART. Instead, the PAR Act directs OMB to conduct reviews of
programs in consultation with the relevant agency that
administers the program and to evaluate each program's purpose,
design, strategic plan, management, results, and any other
matters that OMB considers appropriate.
On May 19, 2004, the Subcommittee on Government Efficiency
and Financial Management held a business meeting to mark up
H.R. 3826. H.R. 3826 was reported to the full Committee on
Government Reform, as amended, by voice vote. On June 3, 2004
the full Committee on Government Reform held a business meeting
to mark up H.R. 3826 and reported the legislation, as amended,
by voice vote to the full House of Representatives for
consideration. H.R. 3826 has not yet been considered by the
full House of Representatives.
3. H.R. 3457, The Improving Government Accountability Act of 2003
Representative Jim Cooper (D-TN), H.R. 3457, introduced the
``Improving Government Accountability Act of 2003,'' which
seeks to amend the Inspector General Act of 1978 (5 U.S.C.
App.) to enhance the independence and operational effectiveness
of Inspectors General. H.R. 3457 was referred to the
subcommittee and was the subject of two subcommittee hearings.
In addition to reviewing H.R. 3457, the subcommittee is also
working closely with the President's Council on Integrity and
Efficiency [PCIE] and the Executive Council on Integrity and
Efficiency [ECIE] on legislative ideas similar to those
embodied in H.R. 3457.
The Improving Government Accountability Act of 2003
addresses a number of key issues of interest to the IG
community. H.R 3457 amends the Inspector General Act of 1978 to
allow an Inspector General [IG] to be removed from office prior
to the expiration of his term on the grounds of permanent
disability, inefficiency, neglect of duty, malfeasance, or
conviction of a felony or conduct involving moral turpitude. In
addition, the bill establishes the term of office of each IG as
7 years. The legislation also establishes the Council of
Inspectors General on Integrity and Efficiency to develop
policies, standards, and approaches to facilitate a well-
trained workforce in the offices of the IG. This council
represents a consolidation of the existing PCIE and ECIE. The
bill also directs the Office of Personnel Management to
maintain a personnel management system applicable to the
officers and employees of IG offices.
Although the independence and effectiveness of Inspectors
General is of significant importance to the subcommittee, no
specific legislative action on H.R. 3457 was taken during the
108th Congress. The subcommittee expects to consider a similar
proposal, currently being drafted for introduction next year by
Representative Cooper, in the 109th Congress.
Oversight Highlights
The Subcommittee on Government Efficiency and Financial
Management examines issues involving the overall economy,
efficiency, and financial management of Federal operations and
activities. More specifically, the subcommittee oversees the
financial reporting and management requirements of laws such as
the Chief Financial Officers Act [CFO], the Inspector General
Act, the Federal Financial Management Improvement Act, and the
Accountability of Tax Dollars Act. Furthermore, the
subcommittee examines the quality of agencies' performance
goals and reports in accordance with the Government Performance
and Results Act.
Summary of Accomplishments
1. Governing with Accountability
A major part of the Subcommittee on Government Efficiency
and Financial Management's oversight responsibility involves
the performance and accountability measures of the President's
management agenda. To meet this responsibility, the
subcommittee completed a series of hearings focused on
governing with accountability, a significant part of the
President's management agenda. This included an overview of
management initiatives included in the President's budget for
fiscal years 2004 and 2005, a substantive review of the
effectiveness of the Government Performance and Results Act
[GPRA], and an examination of GPRA's relationship to the Office
of Management and Budget's initiative known as the Program
Assessment Rating Tool [PART], including the possibility of
making program assessments similar to the PART a statutory
requirement. These hearings brought much needed attention to
President Bush's efforts to incorporate performance information
in his fiscal year 2004 budget submission. During both sessions
of the 108th Congress, hearings were held during consideration
of the President's budget by the House of Representatives in
order to educate other Members on this increasingly important
topic. In addition to these hearings, the subcommittee
requested a GAO 10-year retrospective on the effectiveness of
GPRA and an analysis of the use of the PART. The findings of
these reports were presented at several hearings and served as
a basis for legislative proposals.
One of the most important aspects of governing with
accountability is the generation of timely, accurate, and
useful financial information. Without this information, it is
impossible to complete cost/benefit analyses or to assess the
financial impact of programs relative to their budgetary
outlays. In this light, financial management must be a high
priority for agency management. One of the goals when Congress
enacted the CFO Act was to place the CFO in the upper echelon
of agency management structure. With a focus on improving
agency management, Congress has created several positions--the
Chief Information Officer, Chief Human Capital Officer, and
Chief Acquisition Officer--whose responsibilities complement
and sometimes duplicate those of agency CFOs. Through its
oversight efforts, the subcommittee examined the changing
dynamics of Federal management and how best to balance the
roles of these new statutory offices with the unique fiduciary
responsibilities of the CFO.
2. Financial Management and Systems Modernization
Since fiscal year 1996 all CFO Act agencies have been
required to produce annual audited financial statements. In
fiscal year 2002, 21 of the 24 CFO Act agencies received clean
opinions from their auditors. Audits for fiscal year 2003 were
similarly positive, with 20 of 23 agencies achieving clean
opinions. Although the subcommittee applauds agencies for their
commitment to getting clean opinions, many engaged in end-of-
year heroic efforts to get there. The majority of agencies are
working around financial management systems problems by
expending significant resources and making extensive manual
adjustments after the end of the fiscal year. The result has
been a clean but stale snapshot of an agency's financial
position as of September 30th of any given fiscal year. This
practice does not yield useful information for day-to-day
decisionmaking, and it undermines the congressional mandate
that agencies develop and implement financial management
systems capable of providing useful and timely decisionmaking
data. A clean audit opinion should occur as a natural
consequence of top-notch year-round financial management not
because of end of the year heroic efforts requiring thousands
of hours to create financial statements that are reliable for
only 1 day.
During the 108th Congress, the subcommittee embarked on an
extensive oversight schedule of hearings designed to improve
government-wide financial management. The subcommittee began
its financial management oversight each session with a hearing
on the Financial Report of the U.S. Government--commonly known
as the Consolidated Financials. Beginning with fiscal year
1997, the CFO Act, as expanded by the Government Management
Reform Act of 1994, required consolidated financial statements
for the entire Federal Government to be audited by March 31st
each year. The Secretary of the Treasury compiles the
statements in coordination with the OMB Director, and the
Comptroller General then audits the statements. These
statements reflect the overall financial position of the
executive branch, including assets, liabilities, and the
results of the operations.
On March 31, 2003, for the 6th straight year, the GAO was
unable to render an opinion on the Federal Government's
financial statements; in other words, the GAO found that the
information in the financial statements was not reliable. In
GAO's audit report, Comptroller General David Walker pointed to
three major impediments to achieving a clean opinion on the
consolidated financial statements: (1) serious financial
management problems at the Department of Defense [DOD]; (2) the
Federal Government's inability to account for billions of
dollars of transactions between Federal Government entities;
and(3) the Federal Government's inability to properly prepare
financial statements.
Unless there is a marked improvement in the financial
systems used throughout the executive branch, the Federal
Government will not be able to produce the kind of financial
information that it needs to effectively manage its day-to-day
operations. Furthermore, Congress and the administration need
timely, accurate, and useful financial and performance
information to make choices about today's needs versus the
long-term fiscal future.
The CFO Act calls for modernization of financial management
systems so that the systematic measurement of performance, the
development of cost information, and integration of program,
budget, and financial information from management reporting can
be achieved. The Federal Financial Management Improvement Act
of 1996 [FFMIA] builds on the foundation laid by the CFO Act by
emphasizing the need for agencies to have systems that can
generate reliable useful and timely information with which to
make fully informed decisions and to ensure accountability on
an ongoing basis. FFMIA requires the CFO Act agencies to
implement and maintain financial management systems that comply
substantially with: Federal financial management systems
requirements; Federal accounting standards; and the U.S.
Government Standard General Ledger [SGL].
GAO is required to report annually to the Congress on how
the agencies are complying with the congressional mandates of
FFMIA. According to GAO (GAO-03-1062), the nature and
seriousness of the reported problems indicate that agency
management does not yet have a full range of reliable
information needed for accountability, performance reporting,
and decisionmaking. This situation exists notwithstanding the
fact that the majority of CFO Act agencies received clean audit
opinions. The number of unqualified or clean opinions has been
increasing over the past 6 years, from 11 in fiscal year 1997
to 21 in fiscal year 2002 and 20 in fiscal year 2003, but the
number of agencies reported to have substantially noncompliant
systems has remained relatively stable: 20 in fiscal year 1997,
21 in fiscal year 1998 and 1999, 19 in fiscal year 2000, 20 in
fiscal year 2001, and 19 in fiscal year 2002. As previously
noted, many agencies are working around systems problems to
obtain clean opinions by expending significant resources and
making extensive manual adjustments after the end of the fiscal
year.
Business Meetings
September 24, 2003, business meeting: Approved H.R. 2886
``The Department of Homeland Security Financial Accountability
Act,'' as amended by voice vote.
May 19, 2004, business meeting: Approved H.R 3826 ``The
Program Assessment and Results Act,'' as amended by voice vote.
Hearings
1. ``Management and the President's Budget,'' March 26, 2003; Serial
No. 108-45
a. Summary.--This hearing focused on the President's
management agenda and the impact the agenda has had on the
improvement of the executive branch's operational efficiency
and effectiveness. The subcommittee explored how the
President's management agenda impacted the budget numbers
included in the President's fiscal year 2004 budget and
reviewed the President's latest scorecard of the agencies'
progress in implementing the management agenda. The Federal
Government has a responsibility to the taxpayers of this
country to be productive and accountable. Unfortunately, the
results of the scorecard show that many agencies are unable to
demonstrate the value that they provide for the tax dollars
that are spent on the programs they administer. Progress is
being made on the management agenda's five broad initiatives,
but the status quo of these initiatives is still sub par at
most agencies.
b. Witnesses.--The Honorable Pete Sessions (R-TX), U.S.
House of Representatives, chairman, Results Caucus; Patricia A.
Dalton, Director, Strategic Issues, U.S. General Accounting
Office; Edward R. McPherson, Chief Financial Officer,
Department of Agriculture; Angela B. Styles, Administrator for
Federal Procurement Policy, Office of Management and Budget;
and Mark A. Forman, Associate Director, Information Technology
and E-Government, Office of Management and Budget.
2. ``Performance, Results, and Budget Decisions,'' April 1, 2003;
Serial No. 108-32
a. Summary.--Congressional spending decisions have
traditionally been based on three things: the amount of funding
that a program received in the previous year, the President's
requests, and the policy preferences of Congress. A more
appropriate approach, however, is for Congress to focus on
whether Federal taxpayers are receiving a good return on the
investment of their hard-earned dollars. In 1993, Congress
passed the Government Performance and Results Act [GPRA] in an
effort to begin doing just that. In furtherance of the budget
and performance integration initiative in the President's
management agenda, the Office of Management and Budget
developed the Program Assessment Rating Tool [PART]. Unlike
GPRA, which looks at agency-wide performance, the PART examines
the performance of individual programs. The PART was used to
rate 234 Federal programs, representing over 20 percent of all
Federal funding in the fiscal year 2004 budget. An additional
20 percent of all funding will be reviewed in the fiscal year
2005 budget. While PART has the potential to be a very valuable
tool, more than half of the programs examined thus far received
grades of ``results not demonstrated.'' Chairman Platts is very
interested in these grades, and the subcommittee will continue
to monitor future PART scores.
b. Witnesses.--Donna McLean, Chief Financial Officer,
Department of Transportation; Paul Posner, Director, Strategic
Issues, U.S. General Accounting Office; and Maurice McTigue,
QSO, director, Government Accountability Project, Mercatus
Center at George Mason University.
3. ``The Consolidated Financial Statements of the Federal Government
for Fiscal Year 2002,'' April 8, 2003; Serial No. 108-34
a. Summary.--Countless taxpayer dollars continue to be lost
each year to fraud, waste and financial mismanagement in
hundreds of Federal programs. In this hearing, the subcommittee
examined the single most comprehensive statement of the status
of the financial management of the Federal Government, the 2002
Financial Report of the U.S. Government. The Financial Report
and the accompanying audit of the report performed by the
General Accounting Office [GAO] were released on time as usual,
on March 31, 2003. For the 6th straight year, GAO was unable to
render an opinion on the Federal Government's financial
statements. GAO reported significant material deficiencies that
affected both the financial statements and the management of
government operations. It is clear from the report that until
the Department of Defense solves their financial problems and
receives a clean opinion, the entire Federal Government's
financial statements will continue to be unreliable.
b. Witnesses.--David M. Walker, Comptroller General of the
United States, U.S. General Accounting Office; Linda M.
Springer, Controller, Office of Federal Financial Management,
Office of Management and Budget; and Donald V. Hammond, Fiscal
Assistant Secretary, Department of the Treasury.
4. ``Why is SBA Losing Ground on Financial Management?'' April 29,
2003; Serial No. 108-49
a. Summary.--As one of the 24 Chief Financial Officer Act
(CFO Act) agencies, the Small Business Administration [SBA] has
been required to produce agency-wide audited annual financial
statements since fiscal year 1996, and has been required to
produce audited financial statements with respect to its loan
programs since fiscal year 1991. Since 1996, SBA has
consistently received a clean opinion from their auditors on
their agency-wide financial statements. However, recently SBA's
auditors issued a disclaimer on SBA's fiscal year 2002
financial statements and chose to withdraw their clean opinions
on SBA's financial statements for fiscal years 2001 and 2000.
This turnaround occurred in part as the result of the findings
by the GAO that SBA incorrectly calculated the accounting
losses on $4.4 billion of loan sales and lacked reliable
financial data to determine the overall financial impact of the
sales. This hearing raised serious questions about the quality
of the financial management of SBA's loan asset sales. It also
demonstrated a point that is consistently raised by the
subcommittee that sound financial management requires more than
clean audit opinions.
b. Witnesses.--Linda Calbom, Director of Financial
Management and Assurance, U.S. General Accounting Office;
Thomas Dumaresq, Chief Financial Officer, Small Business
Administration; Peter McClintock, Deputy Inspector General,
Small Business Administration; Charles Hayward, partner, Cotton
& Co.; and Bill Menth, consultant to Cotton & Co.'s SBA Audit
Team for Fiscal Year 2002, post-audit consultant to SBA.
5. ``Show Me the Tax Dollars--How Much is Lost to Improper Payments
Each Year?'' May 13, 2003; Serial No. 108-39
a. Summary.--An improper payment is any payment that should
not have been made. It can be an incorrect payment, an over or
under payment, and can include, among other things, a payment
to an ineligible recipient, a payment for an ineligible
service, a duplicate payment or a payment for a service not
received. The President has made the reduction of improper
payments a significant part of his management agenda. Improper
payments by Federal agencies are a serious and growing problem
which cost taxpayers at least $35 billion each year. The total
extent of the problem is still unknown. The subcommittee does
know that these erroneous payments are made because agencies do
not have adequate internal financial controls and business
process systems to protect against them. The subcommittee
convened this hearing to monitor this problem and the
implementation of the ``Improper Payments Information Act,''
which is designed to address these concerns by establishing
government-wide procedures for identifying and reducing
improper payments.
b. Witnesses.--Linda M. Springer, Controller, Officer of
Federal Financial Management, Office of Management & Budget;
McCoy Williams, Director, Financial Management and Assurance,
U.S. General Accounting Office; and Kerry N. Weems, Acting
Assistant Secretary for Budget, Technology, and Finance,
Department of Health and Human Services.
6. ``Fixing the Financials: Featuring USDA and Education,'' June 10,
2003; Serial No. 108-58
a. Summary.--The subcommittee brought before it, the
Department of Agriculture [USDA] and the Department of
Education, to discuss their significant progress on improving
their overall financial management in fiscal year 2002. Both
departments received clean audit opinions. While a clean audit
opinion is certainly a goal that each of the CFO Act agencies
shares, all too often agencies achieve clean opinions only
through last minute heroic efforts or recreating their books at
the end of the year. This is not what Congress intended under
the CFO Act. Obtaining a clean audit opinion should be a by-
product of good year round financial management and not just a
test that agencies try to pass at the end of the fiscal year.
USDA and Education have implemented real changes designed to
improve the long-term management of their agencies and as a
consequence were able to obtain clean audits. USDA achieved a
clean opinion by focusing on improving internal controls and
accountability. Education learned from suggestions that were
made on their previous financial audits and implemented
solutions that addressed those suggestions. Chairman Platts
commended both departments for their diligent efforts.
b. Witnesses.--Edward McPherson, Chief Financial Officer,
Department of Agriculture; Jack Martin, Chief Financial
Officer, Department of Education; McCoy Williams, Director,
Financial Management and Assurance, U.S. General Accounting
Office; and Linda Calbom, Director of Financial Management and
Assurance, U.S. General Accounting Office.
7. ``Federal Debt Management--Are Agencies Using Collection Tools
Effectively?'' June 17, 2003; Serial No. 108-61
a. Summary.--An important part of solid financial
management effort is the collection of debts owed to the
government. This subcommittee, under the leadership of former
Chairman Steve Horn (R-CA) and current member of the
subcommittee, Representative Carolyn Maloney (D-NY), developed
legislation that was enacted as the Debt Collection Improvement
Act [DCIA] of 1996, a law that made sweeping reforms to the way
the Federal Government manages debt. Since that time, the
subcommittee has held numerous hearings focusing on the
implementation of the act. In this hearing, the subcommittee
examined debt collection successes and challenges at the
Veterans Administration and the Department of Education's
Office of Federal Student Aid. The subcommittee also heard from
the Treasury Department's Financial Management Service for a
look at government-wide progress in DCIA. In terms of all
Federal agencies, implementation of the DCIA is improving, but
more needs to be done before DCIA will realize its full
potential.
b. Witnesses.--Richard Gregg, Commissioner of the Financial
Management Service, Department of Treasury; William Campbell,
Assistant Secretary for Management and Chief Financial Officer,
Department of Veterans Affairs; Theresa Shaw, Chief Operating
Officer of Federal Student Aid, Department of Education; and
Deanne Loonin, staff attorney, National Consumer Law Center in
Boston, MA.
8. ``Winning the War on Financial Management--Status of Department of
Defense Reform Efforts,'' June 25, 2003; Serial No. 108-64
a. Summary.--The Department of Defense [DOD] readily
acknowledges that it is years away from earning an unqualified
or ``clean'' opinion on its financial statements. The financial
management challenges of DOD are unlike those of any other
agency--in fact, they are unlike any entity in the world. With
an annual budget of $400 billion, DOD is almost twice as large
as the biggest publicly held corporation. It is our country's
largest employer. The consolidated statement for DOD
encompasses at least 20 stand-alone financials, many of which
are larger and more complex than the statements of other CFO
Act agencies. In light of these challenges, DOD has begun a
complete restructuring of its financial management and business
processes. The subcommittee is very interested in these reforms
because they could result in billions of dollars of savings.
The transformation will take years to complete and will require
strong support from the highest levels of leadership within DOD
if this modernization effort is to be successful.
b. Witnesses.--Gregory D. Kutz, Director, Financial
Management and Assurance, U.S. General Accounting Office;
Lawrence J. Lanzillotta, Principle Deputy and the Deputy Under
Secretary of Defense for Management Reform, Office of the Under
Secretary of Defense (Comptroller); and Paul Granetto,
Director, Defense Financial Auditing Service, Office of the
Inspector General of the Department of Defense.
9. ``Show Me the Tax Dollars Part II--Improper Payments and the
TennCare Program,'' field hearing, Memphis, TN, July 14, 2003;
Serial No. 108-76
a. Summary.--This hearing was a follow up to the
subcommittee's hearing on May 13 on improper payments. Held in
Memphis, TN, the subcommittee examined waste, fraud, and
mismanagement in Tennessee's Medicaid program, known as
TennCare. Tennessee has been very aggressive in investigating
potential fraud cases and has in place a number of mechanisms
aimed at reducing TennCare fraud. The most identifiable form of
fraud in the TennCare program is provider fraud, where
providers commit fraud by lying to obtain an improper payment
for services rendered (or allegedly rendered) to TennCare
recipients. TennCare has an annual budget of approximately $6
billion, $4 billion of which is provided by the Federal
Government with another $2 billion provided by the State. The
subcommittee conducted this hearing because not only are
billions of dollars at stake here, the quality of the health
care provided to TennCare recipients is in jeopardy as well.
b. Witnesses.--McCoy Williams, Director, Financial
Management and Assurance, U.S. General Accounting Office; Kerry
Weems, Acting Assistant Secretary for Budget, Technology and
Finance, Department of Health and Human Services; Barry Thomas
Mathis, Director of Program Integrity, TennCare; William A.
Benson, special agent, Tennessee Bureau of Investigation,
Medicaid Fraud Control Unit; and Holly E. Williams, director,
Medicare Patrol Project, Upper Cumberland Area Agency on Aging.
10. ``SEC Strategic Planning--Will Additional Resources Help the SEC
Fulfill Its Mission?'' July 23, 2003; Serial No. 108-81
a. Summary.--The Securities and Exchange Commission [SEC]
faces a number of challenges, including a workload that has
grown exponentially over the past decade and newly imposed
requirements resulting from enactment of Sarbanes-Oxley in the
107th Congress. The SEC has not undertaken comprehensive
strategic planning to assess the gaps that exist between the
way the SEC currently operates and the way the SEC should
operate to execute its mission properly. Under the Government
Performance and Results Act, the SEC is required to create a 5-
year strategic plan, an annual performance plan, and a year-end
performance report. The SEC's strategic plan includes four
broad goals: ``protect investors; maintain fair, honest and
efficient markets; facilitate capital formation; and sustain
and improve organizational excellence.'' Unfortunately, the
performance measures for achieving these goals have
traditionally focused on outputs not outcomes. As a result, the
SEC cannot gauge whether the actions taken result in greater
protection for investors or the smooth functioning of markets.
Congress has provided the SEC with additional budget authority
as well as increased flexibility in hiring and compensating
personnel. The subcommittee continues to monitor the SEC's
utilization of the tools and resources Congress has provided.
b. Witnesses.--Richard Hillman, Director of Financial
Markets and Community Investment, U.S. General Accounting
Office; and Peter Derby, Managing Executive for Operations,
Office of the Chairman, Securities and Exchange Commission,
accompanied by Jim McConnell, Executive Director, Office of the
Executive Director, Securities and Exchange Commission.
11. ``Developing Sound Business Practices at the Department of Homeland
Security,'' September 10, 2003; Serial No. 108-103
a. Summary.--On September 11, America sustained the most
devastating attack on the homeland in its history. That day
dealt a crushing blow to the confidence the Nation's citizens
have in the Federal Government. The ability to protect the
country from terrorism has become a national priority, and, to
that end, Congress and the President established the Department
of Homeland Security [DHS]. The creation of DHS is the largest
reorganization of the Federal Government since the Department
of Defense was established more than 50 years ago. DHS inherits
22 agencies in varying financial condition with 19 different
financial management systems and 15 compensation systems. Given
the magnitude and importance of the mission of DHS, sound
business practices are critical to success and must be
established at the outset. The subcommittee examined the status
of the financial management integration efforts at DHS. The
hearing was an essential step to ensuring that DHS establishes
sound business practices from the outset. The subcommittee also
received comments from the witnesses on H.R. 2886, the
``Department of Homeland Security Financial Accountability
Act,'' which would help guarantee sound financial management at
DHS during future administrations.
b. Witnesses.--Linda Springer, Controller, Office of
Federal Financial Management, Office of Management and Budget;
McCoy Williams, Director, Financial Management and Assurance
Team, U.S. General Accounting Office; Dr. Bruce Carnes, Chief
Financial Officer, Department of Homeland Security; and Richard
Berman, Assistant Inspector General for Audit, Department of
Homeland Security.
12. ``Improving Financial Management at USAID,'' September 24, 2003;
Serial No. 108-104
a. Summary.--This hearing focused not only on the financial
challenges facing the U.S. Agency for International Development
[USAID], but also on successful improvements in USAID's
financial management practices. After receiving disclaimers for
5 consecutive years, USAID improved enough in fiscal year 2002
to earn a qualified opinion on its consolidated financial
statements. In fact, four of the five statements that make up
the consolidated financial statements actually received clean
opinions. That being said, USAID still faces many financial
management challenges including the material weaknesses cited
in their audit report and the need to discontinue the practice
of using costly and time-consuming manual accounting
transactions to reconcile its books at year-end.
b. Witnesses.--John Marshall, Assistant Administrator for
Management and Chief Information Officer, USAID; Everett
Mosley, Inspector General, USAID; and Gregory Kutz, Director,
of Financial Management and Assurance, U.S. General Accounting
Office.
13. ``25th Anniversary of the Inspector General Act--Where Do We Go
From Here?'' October 8, 2003; Serial No. 108-110
a. Summary.--Twenty-five years ago, Congress created
Inspectors General [IGs] throughout the Federal Government in
response to serious and widespread internal control breakdowns
that resulted in significant monetary losses and reduced
effectiveness and efficiency in Federal activities. Since their
creation, IGs have been largely successful in carrying out
their mission, reporting billions of dollars in savings and
cost recoveries, as well as thousands of successful criminal
prosecutions. There are currently 57 Inspector General offices
throughout the Federal Government with 11,000 employees and a
total budget of nearly $1.5 billion. IGs are responsible for
conducting and supervising audits and investigations, promoting
economy, efficiency and effectiveness, and preventing and
detecting fraud and abuse in their agencies' programs and
operations. IGs serve an important function in our system of
separation of powers. Their autonomy and independence provide a
crucial balance between the executive branch and the Congress.
During this hearing, the subcommittee evaluated the progress
that has been made in the 25 years since the IGs were created
and what, if any, legislative changes are needed to help the IG
community maintain its independence and effectiveness.
b. Witnesses.--David M. Walker, Comptroller General, U.S.
General Accounting Office; Clay Johnson III, Deputy Director
for Management, Office of Management and Budget; Gaston Gianni,
Vice Chair, President's Council on Integrity and Efficiency and
Inspector General, Federal Deposit Insurance Corporation; and
Barry Snyder, Vice Chair, Executive Council on Integrity and
Efficiency and Inspector General, Federal Reserve Board.
14. ``Federal Financial Management--Private Sector Views,'' October 29,
2003; Serial No. 108-119
a. Summary.--For fiscal year 2002, 21 of the 24 agencies
mandated by the CFO Act to audit their statements earned an
unqualified or ``clean'' opinion. Clean audit opinions are
important but unfortunately, do not always signify that Federal
agencies are using sound business practices. The thrust of the
Federal Financial Management Improvement Act of 1996 [FFMIA]
was to extend the reach of the CFO Act and ensure that agencies
were developing financial management systems that would produce
timely, reliable, and useful information. FFMIA addressed
concerns ranging from computer systems to the use of standard
accounting practices, aiming to create uniformity in financial
reporting throughout the Federal Government. During fiscal year
2002, 19 of the 24 CFO Act agencies were in substantial non-
compliance with FFMIA. During this hearing, the subcommittee
focused on the reasons agencies are not FFMIA compliant from
the viewpoint of the private sector vendors of the financial
management software. The software is put through a rigorous
testing process before it can be marketed to Federal agencies
so there are no quality control problems. The financial systems
problems instead seem to center on the inability of the
agencies to commit the resources needed to fully implement the
new systems.
b. Witnesses.--Sally Thompson, Director, Financial
Management and Assurance, U.S. General Accounting Office; Karen
Clearly Alderman, executive director, Joint Financial
Management Improvement Program; Donna Morea, executive vice
president of public sector and co-chief operating officer,
American Management Systems; Thomas B. Moogan, vice president
and chief financial officer, Digital Systems Group, Inc.;
Leslie Casson Stevens, director of Federal solutions support,
SAP Public Services Inc.; and Wayne Bobby, senior manager,
Oracle Corp.--Federal.
15. ``Identify, Disrupt and Dismantle: Coordinating the Government's
Attack on Terrorist Financing,'' joint field hearing with the
Subcommittee on Technology, Information Policy,
Intergovernmental Relations and the Census, Tampa, FL, December
15, 2003; Serial No. 108-140
a. Summary.--The subcommittee in conjunction with the
Subcommittee on Technology, Information Policy,
Intergovernmental Affairs and the Census held a joint field
hearing to examine the Federal Government's efforts to combat
money laundering and terrorist financing. The intricacy of
identifying and prosecuting financial crimes requires the
involvement of many Federal law enforcement and regulatory
agencies, State and local authorities, and private sector
financial institutions. Effective coordination and the best use
of information technology are critical. Prior to September 11,
most law enforcement and regulatory efforts focused primarily
on money laundering (the disguising of illicit funds to appear
legitimate). The attacks of September 11 highlighted the urgent
need to combat a different form of financial crime--terrorist
financing. While money laundering involves schemes to
legitimize proceeds from illegal activities, terrorist funding
often originates from legitimate enterprises, further
complicating the investigation and prosecution of this type of
financial crime. The ultimate goal of terrorist financing
investigations is to disrupt the flow of money--a result that
is difficult to quantify. Still, tangible progress is being
made. The United States has sought and received unprecedented
support from other countries in overhauling the laws governing
the international financial system and designating entities as
supporters of terror, and has increased transparency and
vigilance in the private sector.
b. Witnesses.--Jeff Ross, Senior Advisor, Office of
Terrorist Financing and Financial Crime, U.S. Department of the
Treasury; George Glass, Director, Office of Terrorist Financing
and Economic Sanctions Policy, Bureau of Economic and Business
Affairs, U.S. Department of State; Carl Whitehead, Special
Agent in Charge, Federal Bureau of Investigation, Tampa Office;
Marcy Forman, Deputy Assistant Director for Financial
Investigations, U.S. Immigration and Customs Enforcement,
Department of Homeland Security; and Bruce Townsend, Deputy
Assistant Director, Office of Investigations, U.S. Secret
Service.
16. ``Should We PART Ways With GPRA: A Look at Performance Budgeting
and Program Review,'' February 4, 2004; Serial No. 108-144
a. Summary.--This hearing reviewed the findings of a
January 30, 2004 GAO report entitled ``Performance Budgeting:
Observations on the Use of OMB's Program Assessment Rating Tool
for the Fiscal Year 2004 Budget.'' The report and the hearing
examined: (1) how the Program Assessment Rating Tool [PART]
changed the Office of Management and Budget's [OMB] budget
decisionmaking process; (2) PART's relationship to the
Government Performance and Results Act [GPRA]; and (3) PART's
strengths and weaknesses as an evaluation tool.
b. Witnesses.--Paul Posner, Director, Strategic Issues,
U.S. General Accounting Office; Jonathan Breul, senior fellow,
IBM Center for the Business of Government; and Maurice McTigue,
QSO, director, Government Accountability Project, Mercatus
Center, George Mason University.
17. ``The President's Management Agenda: Are Agencies Getting To
Green?'' February 11, 2004; Serial No. 108-155
a. Summary.--This hearing focused on the President's Fiscal
Year 2005 Budget, which was transmitted to Congress on February
2, 2004. The hearing was second in a series of hearings on
performance budgeting and looked at the budget submission, the
President's management agenda, and agencies' progress under the
management agenda's five government-wide priority initiatives,
with a particular focus on the budget and performance
integration initiative and the administration's use of the
Program Assessment Rating Tool [PART].
b. Witnesses.--Clay Johnson, Deputy Director for
Management, Office of Management and Budget; and Kyle
McSlarrow, Deputy Secretary, Department of Energy.
18. ``Financial Report of the U.S. Government for Fiscal Year 2003,''
March 3, 2004; Serial No. 108-145
a. Summary.--This hearing set the stage for the
subcommittee's financial management oversight throughout the
Second Session of the 108th Congress as it focused on the
General Accounting Office's [GAO] audit of the consolidated
financial statements for the Federal Government for fiscal year
2003. The hearing examined the consolidated financial
statements, the reasons that GAO was unable to express an
opinion on them, and the managerial changes that need to take
place in order for the Federal Government to produce reliable
financial data for the Congress and the American people.
b. Witnesses.--David M. Walker, Comptroller General of the
United States, U.S. General Accounting Office; Linda M.
Springer, Controller, Office of Federal Financial Management,
Office of Management & Budget; and Donald V. Hammond, Fiscal
Assistant Secretary, Department of the Treasury.
19. ``Making Financial Management a Priority at the Department of
Homeland Security,'' March 10, 2004; Serial No. 108-174
a. Summary.--This hearing, the subcommittee's second look
at financial management challenges facing the newly-created
Department of Homeland Security, continued the important
discussion of the steps needed to ingrain sound financial
management and business processes at the Department. The
hearing also focused on the findings of the Department's fiscal
year 2003 financial audit and provided an overview of the
continuing financial management challenges facing DHS in the
realignment of its 22 component agencies.
b. Witnesses.--Clark Kent Ervin, Inspector General,
Department of Homeland Security; and Andrew Maner, Chief
Financial Officer, Department of Homeland Security.
20. ``10 Years of GPRA--Results, Demonstrated,'' March 31, 2004; Serial
No. 108-175
a. Summary.--This hearing focused on the findings of the
GAO report entitled ``Results Oriented Government: GPRA has
Established a Foundation for Achieving Greater Results,'' GAO-
04-38. The report and the hearing itself looked at the effect
of Government Performance and Results Act over the last 10
years in creating a government-wide focus on results and the
government's ability to deliver results to the American public,
the challenges agencies face in measuring performance and using
performance information in management decisions, and on how the
Federal Government can continue to shift toward becoming more
results-oriented.
b. Witnesses.--Patricia Dalton, Director, Strategic Issues,
U.S. General Accounting Office; Jonathan Breul, senior fellow,
IBM Center for the Business of Government; Carl DeMaio,
president and founder, the Performance Institute; Richard
Keevey, director, Performance Consortium, National Academy of
Public Administration; Patricia McGinnis, president and CEO,
the Council for Excellence in Government; John Mercer, GPRA &
Performance Management Services; and Carl J. Metzger, director,
Government Results Center.
21. ``$35 Billion and Counting--A Review of the Improper Payments Act
of 2002,'' field hearing, York, PA, April 15, 2004; Serial No.
108-176
a. Summary.--This field hearing, held in Chairman Platts'
Congressional District in York, PA, examined agency progress in
implementing the Improper Payments Information Act, reviewed
OMB's improper payment guidance, and discussed strategies that
agencies should consider for preventing future erroneous
payments. The ``Improper Payments Information Act of 2002''
(Public Law 107-300), for the first time, requires Federal
agencies to estimate the amount of erroneous or improper
payments that their agency makes annually. While the full
extent of the improper payments problem is not known today,
this law, and the guidance stated by the Office of Management
and Budget will get us closer to fully understanding the extent
of the problem in the near future.
b. Witnesses.--Linda Springer, Controller, Office of
Federal Financial Management, Office of Management and Budget;
McCoy Williams, Director, Financial Management and Assurance,
U.S. General Accounting Office; Paul Gessing, National
Taxpayers Union; and Charlie Gerow, chairman, Citizens Against
Government Waste, Pennsylvania Chapter.
22. ``Strategic Planning, Resource Allocation and Crisis Management--Is
the SEC Ready?'' field hearing, New York City, NY, April 20,
2004; Serial No. 108-177
a. Summary.--In light of the recently uncovered abuses in
the mutual fund industry, a workload that has grown
exponentially over the past decade, newly imposed requirements
under the Sarbanes-Oxley Act of 2002, and changes in technology
that have deeply affected the financial services industry, the
subcommittee held a field hearing in New York City to review
strategic planning and resource allocation at the Securities
and Exchange Commission [SEC]. This hearing followed up on the
subcommittee's hearing last July by reviewing the status of the
Commission's new strategic plan, and how will it impact the
SEC's overall mission, as well as whether or not the SEC has
the necessary resources and appropriate focus to protect
investors by regulating financial markets effectively.
b. Witnesses.--Eliot Spitzer, Attorney General, State of
New York; Richard Hillman, Director, Financial Markets and
Community Investment, U.S. General Accounting Office; James
McConnell, Executive Director, Securities and Exchange
Commission; John Bogle, Bogle Financial Markets Research
Center, founder, Vanguard Mutual Funds; and Dr. Matthew R.
Morey, Ph.D., Associate Professor of Finance and Economics,
Pace University.
23. ``Mission Impossible? Fixing NASA's Financial Management,'' May 19,
2004; Serial No. 108-193
a. Summary.--In light of recent financial audits, which
revealed serious weaknesses in financial management at NASA,
the subcommittee called this hearing to review the lessons
learned during the fiscal year 2003 audit process, including
how the auditor's findings will help improve overall financial
management at NASA. Although the agency received unqualified or
``clean'' opinions on its fiscal year 1996-2000 statements from
Arthur Andersen, a congressional staffer discovered a
discrepancy in its fiscal year 1999 statements. A subsequent
investigation by the General Accounting Office [GAO] called
into question the reliability of all previous audits. NASA's
new auditor, PricewaterhouseCoopers [PwC], expressed only a
qualified opinion for fiscal year 2001. The following year,
fiscal year 2002, NASA earned a clean opinion only after making
$10 billion in adjustments to balance its books. Most recently,
PwC was unable to express an opinion as to the reliability of
financial information for fiscal year 2003, pointing to more
than $500 billion in undocumented year-end adjustments, a $2
billion discrepancy in its Fund Balance with Treasury, and
major internal control weaknesses. The hearing also reviewed
the status of NASA's new systems implementation, the Integrated
Financial Management Program [IFMP].
b. Witnesses.--Gwendolyn Brown, Chief Financial Officer,
National Aeronautics and Space Administration; Robert Cobb,
Inspector General, National Aeronautics and Space
Administration; and Greg Kutz, Director, Financial Management
and Assurance, U.S. General Accounting Office.
24. ``Private Sector Consultants and Federal Financial Management: More
than Balancing the Books,'' June 16, 2004; Serial No. 108-244
a. Summary.--As part of its ongoing review of Federal
financial management, the subcommittee conducted an oversight
hearing to discuss the role of private sector consultants in
implementing financial management systems. Achieving sound
financial management involves more than just accounting, and
Federal agencies are beginning to use financial data to change
the way they do business. This shift impacts human capital
management and the use of information technology. As agencies
move from data entry to data analysis, many are hiring private-
sector experts for a broad range of financial advice. The
hearing provided an overview of consulting and systems
integration services available to the Federal Government and
how those services help agencies achieve sound business
practices, provided a forum for the discussion of best
practices and how they can be applied government-wide, and
looked at barriers to success unique to the Federal Government,
when implementing systems that have worked in the private
sector.
b. Witnesses.--George Cruser, partner, Public Sector
Financial Management, IBM Corp.; David Halstead, vice
president, Bradson Corp.; Robin Lineberger, senior vice
president, BearingPoint; and Greg Pellegrino, partner, public
sector, Deloitte Consulting.
25. ``Business Process Modernization at the Department of Defense,''
joint hearing with the Subcommittee on National Security,
Emerging Threats and International Relations, July 7, 2004;
Serial No. 108-229
a. Summary.--Recent audits and investigations by GAO and
DOD auditors continue to confirm the existence of pervasive
weaknesses in DOD's financial management and related business
processes and systems. The problems have (1) resulted in a lack
of reliable information needed to make sound decisions and
report on the status of day-to-day activities, including
accountability of assets, and financial and other reports to
Congress and DOD decisionmakers, (2) hindered operational
efficiency, (3) adversely affected mission performance, and (4)
left the Department vulnerable to fraud and waste. Although the
senior Department of Defense leadership has repeatedly
committed itself to transforming and improving the department's
financial management and business process systems, limited
progress has been made since Secretary Rumsfeld announced the
effort in 2001. This hearing provided an update on the status
of the Business Enterprise Architecture [BEA] and the
implementation of financial management and business process
reforms (the Business Management Modernization Project)
including reviewing suggestions for accelerating reforms and
overcoming obstacles that hinder their implementation.
b. Witnesses.--Lawrence Lanzilotta, Under Secretary of
Defense, Comptroller (Acting), Department of Defense; and Greg
Kutz, Director, Financial Management and Assurance, U.S.
Government Accountability Office
26. ``Improving IG Functionality and Independence: A Review of
Legislative Ideas,'' July 14, 2004; Serial No. 108-205
a. Summary.--In August 2002, the General Accounting Office
[GAO] issued a report on office consolidation and related
issues affecting Inspectors General. GAO surveyed the IG
community to obtain their views on how independence, quality of
work, and use of resources might be affected by consolidation.
Specifically, this report discusses raising the USPS, NSF and
the Federal Reserve Board IGs to Presidential appointment
status and consolidating the smaller DFE IG offices by
transferring them into larger Presidential IG offices with
related missions. In addition, the report looked at creating a
statutory alternative to the President's Council on Integrity
and Efficiency [PCIE] and the Executive Council on Integrity
and Efficiency [ECIE]. In addition to the suggested revisions
to the IG Act reported by GAO, there are a number of other
potential reforms that have been discussed in the IG community
recently. It is these potential reforms that were the subject
of the subcommittee's July 14th hearing. The hearing discussed
the proposals made in H.R. 3457, the ``Improving Government
Accountability Act of 2003.'' Among this bill's most important
provisions are the establishment of a ``removal for cause''
clause governing IG's service to their respective agencies and
the establishment of a statutory term of office.
b. Witnesses.--Gaston L. Gianni, Jr., Inspector General,
Federal Deposit Insurance Corporation; Barry R. Snyder,
Inspector General, Federal Reserve Board; and J. Russell
George, Inspector General, Corporation for National and
Community Service.
27. ``Are Financial Management Problems at the Department of Defense
Impacting Army Reserve Pay?'' July 20, 2004; Serial No. 108-235
a. Summary.--The House Government Reform Committee held a
hearing on January 28, 2004, to look at pay problems with
several National Guard units, which were identified by GAO in a
November 2003 report. In GAO's case study, they found that 94
percent of mobilized Army National Guard soldiers had pay
problems. These problems distracted soldiers from their
missions, imposed financial hardships on their families, and
had a negative impact on retention. GAO identified significant
systemic problems and made a number of recommendations. DOD
acted on several of those recommendations and devised solutions
to other concerns as well, and they have kept the committee
updated on their progress with several briefings since the
report was issued. This hearing, in looking specifically at pay
for Reserve soldiers, is part of the subcommittee's ongoing
oversight of DOD financial management from a broad perspective
and also a follow-up to the National Guard hearing. Members of
the Government Reform Committee requested that GAO begin
reviewing, in similar fashion, the pay experiences of Army
Reserve soldiers mobilized to active duty. Since many problems
for Reservists are identical to those experienced by Guardsmen,
measures DOD put in place should mitigate many of the problems.
The hearing allowed the Department the opportunity to present
the extensive work they have done to address these problems
proactively.
b. Witnesses.--Gregory D. Kutz, Director, Financial
Management and Assurance, U.S. Government Accountability
Office; Lieutenant Colonel Donald J. Campbell, USAR, (Ret.),
former Unit Commander, 3423rd Military Intelligence Unit,
Connecticut; Major George W. Riggins, USA, (Ret.), FORSCOM
Support Unit, Maryland; Sergeant Melinda Sue DeLain, USAR,
948th Forward Surgical Team, Michigan; Lieutenant General James
R. Helmly, Chief, Army Reserve, Department of the Army; Ernest
J. Gregory, Acting Assistant Secretary of the Army for
Financial Management and Comptroller, Department of the Army;
and Patrick T. Shine, Director, Military and Civilian Pay
Services, Defense Finance and Accounting Service, Department of
Defense.
28. ``The Evolving Role of the Federal CFO,'' September 15, 2004;
Serial No. 108-267
a. Summary.--After 5 years of debate, Congress passed the
Chief Financial Officers Act of 1990. The CFO Act became the
cornerstone for a host of management reforms. For the first
time, Federal agencies were required to submit to audit.
Congress imparted the importance and prominence of sound
financial management by establishing a management structure
that placed the Chief Financial Officer in a position of power,
reporting directly to the agency head, appointed by the
President with the advice and consent of the Senate. The
underlying goal was clear: CFOs would become more than
stewards--they would become strategists who were part of an
agency's top leadership team. As time has moved forward,
Congress has created other management positions--the Chief
Information Officer, Chief Human Capital Officer, and Chief
Acquisition Officer--whose responsibilities complement and
sometimes duplicate those of agency CFOs. The CFO now operates
in a crowded management environment. However, the
subcommittee's oversight has shown agency CFOs are
fundamentally different given their fiduciary responsibility to
the American taxpayer. This hearing discussed the changing
dynamics of Federal management and how these statutory offices
can work together most effectively, while maintaining the
unique fiduciary responsibilities of the CFO.
b. Witnesses.--Linda Springer, Controller, Office of
Management and Budget; Morgan Kinghorn, president, National
Academy of Public Administration; Edward DeSeve, senior vice
president and managing director, ACS State and Local Solutions,
Inc.; and Dr. Virginia McMurtry, Ph.D., Congressional Research
Service.
29. ``Financial Management at the Department of Health and Human
Services,'' September 30, 2004; Serial No. 108-273
a. Summary.--Across government, Federal agencies are
attempting to implement new financial management systems
because most existing systems lack the full range of reliable,
useful, and timely information needed for accountability,
performance reporting and decisionmaking. The subcommittee has
examined ongoing efforts in a number of these agencies
including DOD, NASA, DHS, and USAID among others, and found
that agencies consistently do not follow the necessary
disciplined processes for efficient and effective
implementation of financial management systems and as a result
billions are wasted in failed project implementation efforts.
As part of this ongoing review of the agencies efforts, the
subcommittee requested the Government Accountability Office to
review the efforts under way at the Department of Health and
Human Services [HHS] which has undertaken a multiyear effort to
implement a Unified Financial Management System [UFMS]. The GAO
was asked to focus on whether the HHS has (1) effectively
implemented disciplined processes; (2) implemented effective
information technology [IT], investment management, enterprise
architecture, and information security management; and (3)
taken actions to ensure that the agency has the human capital
needed to successfully design, implement, and operate UFMS. The
GAO report released September 24, 2004 concluded that HHS had
not followed the disciplined processes necessary to reduce
risks associated with implementing UFMS to acceptable levels
and thereby risks failure in its efforts. HHS disagrees with
the GAO and continues to believe it will be successful in the
implementation of the UFMS project. The finding of the GAO
report, as well as HHS's response was the subject of this
hearing.
b. Witnesses.--Jeffrey C. Steinhoff, Managing Director,
Financial Management and Assurance, U.S. Government
Accountability Office; accompanied by Keith A. Rhodes, Chief
Technologist, Center for Technology and Engineering, Government
Accountability Office; and Kerry N. Weems, Acting Assistant
Secretary for Budget, Information, and Finance, Department of
Health and Human Services.
Subcommittee on Human Rights and Wellness
Oversight
1. Federal Autism Initiatives and Research
The subcommittee is continuously examining the Federal
Government's initiatives regarding Autism Spectrum Disorders.
Incidences of autism are increasing exponentially in modern
times which has created a need for further Federal Government
research and programs to assist the afflicted population and
their families.
Congress has recognized the need for further Autism
research, and has passed appropriations legislation and
resolutions on these matters. The subcommittee has continuously
provided oversight into the progress that the Department of
Health and Human Services has utilized these tools to
facilitate the most up to date research on the causation of
these spectrum disorders, and potential treatments to alleviate
some of the symptoms associated with these diseases.
The subcommittee is dedicated to ensuring that the National
Vaccine Injury Compensation Program [NVICP], a Federal
initiative enacted in 1988 to offer a non-adversarial process
to review claims of vaccine injury, is providing families of
autistic individuals the opportunity to have their petitions
reviewed to allow for potential monetary awards to assist the
families of autistic individuals with the costs associated with
the continuous healthcare and related treatments necessary to
sustain the well-being of autistic individuals. In addition,
the subcommittee is also examining possible legislative
solutions to improve and update the program.
The subcommittee has also provided oversight into the
special education programs that are offered to students with
Autism Spectrum Disorders by the U.S. Department of Education.
Currently, the subcommittee is coordinating an effort with
the Government Accountability Office [GAO] to initiate a study
on the costs of providing care to autistic individuals, as well
as the current level of governmental assistance on these
matters.
2. Oversight of Federal Government Initiatives Regarding Trafficking in
Persons
Trafficking in persons, in modern day society, has become
the third most lucrative and widespread form of trafficking in
the world, next to illicit gun and drug trading. It is
estimated that approximately 27,000,000 individuals are forced
in to some type of slavery today, constituting the greatest
concentration in known history. While the problem domestically
in the United States is of a relatively smaller scale than in
other areas around the world, Congress has initiated
legislation such as the Trafficking Victims Protection Act of
2000, and its successor, the Victims Protection Reauthorization
Act of 2003 to further combat instances of trafficking in the
United States by imposing greater penalties for facilitators of
trafficking, and providing victims of these crimes with
services to improve their quality of life.
The strategies for combating trafficking in persons has
greatly evolved in the United States in the last several years
after the enactment of Federal legislation to decrease the
incidences of slavery in our Nation (encompassing an estimated
17,500-21,500 persons a year) and abroad. The subcommittee has
provided oversight of both international and domestic
initiatives to combat trafficking in persons, working with the
Department of State, U.S. Agency for International Development
[USAID], Department of Justice, Department of Health and Human
Services, Department of Labor, and the Department of Homeland
Security to ensure that they are provided with the necessary
tools to cease these illicit crimes.
3. Federal Progress Regarding Dietary Supplements
Dietary Supplements have been shown through credible
research and historical use to be of benefit to personal
health. In 1994, Congress passed the Dietary Supplement Health
Education Act [DSHEA] to promulgate guidelines for how the
Federal Government was to ensure the safety and efficacy of
dietary supplements sold in the United States.
Prior to DSHEA, dietary supplements were treated and
regulated as food products. Seeing a need for the Federal
Government to address the American consumer's growing interest
in dietary products and public safety, DSHEA was enacted to
make certain that all dietary health products sold in the
United States are held to the highest safety and quality
standards.
This legislation ensures the safety and efficacy of dietary
supplements by requiring manufacturers to follow standards
called good manufacturing practices [GMPs]. Essentially, all
ingredients in supplements sold in the United States must be
previously approved by the FDA and listed on the bottle label,
and distributors must follow strict guidelines on any claims
that are made in regard to a particular product--to provide
consumers with the most accurate information on supplements.
Additionally, if at any time the FDA decides that a particular
product or dietary ingredient is detrimental to human health,
it reserves the right to have those items removed from the
marketplace, as the case with the FDA's ban on Ephedra products
during the 108th Congress.
The subcommittee has continued the oversight into the
implementation of this legislation by ensuring that the
Department of Health and Human Services (FDA and NIH more
specifically), as well as the dietary supplement industry have
preserved the integrity of this legislation, as it was intended
when it was passed a decade ago. The subcommittee has also
investigated Federal Government and other credible research
studies to identify particular dietary supplements that have
the ability to reduce the incidences of certain life-
debilitating disease, in addition to further educating the
public regarding the safe usage of these products.
4. Access to and Affordability of Prescription Drugs
A major focus of the subcommittee's health oversight
activities during the 108th Congress centered on access to and
affordability of prescription drugs for Americans, particularly
our senior citizens.
Millions of senior citizens on fixed incomes in the United
States continue to reportedly have difficulty affording the
high costs of medicines needed to sustain their health,
compelling many to make the difficult choice of spending their
limited financial resources either on food or to purchase life-
saving prescription drugs. These reports led the subcommittee
to conduct a series of five investigative hearings during the
first session of the 108th Congress examining various aspects
of the topic, including the safety and economic implications of
facilitating the reimportation of Canadian prescription drugs
in America, and the effectiveness and true cost of a new
Medicare prescription drug benefit. These hearings provided
valuable information and policy proposals that contributed to
the introduction of several viable legislative initiatives
designed to assist the rapidly aging American population.
The subcommittee's investigations into the feasibility of
reimportation proved especially pivotal in the development of
the Pharmaceutical Market Access Act (H.R. 2427). This
legislation would have required the Secretary of Health and
Human Services to promulgate guidelines that would allow
Americans to purchase U.S. Food and Drug Administration [FDA]-
approved drugs from FDA-approved facilities in foreign Nations
to be accessed in the United States. On July 25, 2003, this
legislation was passed in the House of Representatives by a
margin of 243-186 (Roll No. 445) and became the official House
of Representative's position on reimportation as it pertained
to the legislative Conference on the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (H.R. 1).
However, the provisions of H.R. 2427 were not adopted by the
Conference Committee which opted instead for a formal study on
the feasibility of reimportation.
No additional hearings on the subject of pharmaceutical
pricing and reimportation were held by the subcommittee during
the Second Session of the 108th Congress. Nevertheless, the
Subcommittee on Human Rights and Wellness' actively continued
to investigate this matter and document State, county and
municipal efforts to implement reimportation programs. In
addition, the subcommittee continued to monitor and record the
growing public debate over the potential benefits of
reimportation--a debate that reached as high as the
Presidential race and witnessed two major national pharmacy
chains and a high ranking executive with Pfizer embracing the
idea of reimportation--as well as efforts by the U.S. Food and
Drug Administration, and the pharmaceutical industry in
general, to curtail the growing reimportation movement.
So long as pharmaceutical prices continue to skyrocket and
Americans are compelled to choose between buying critically
needed prescription drugs and paying their home mortgage or
buying food, reimportation will be an attractive option. As a
result, the subcommittee fully expects to continue its
investigation into the economic pressures within the
pharmaceutical industry driving the astronomical growth in
prescription drug prices being experienced in the United
States.
Hearings
1. ``International Prescription Drug Parity: Are Americans Being
Protected or Gouged?'' April 3, 2003; Serial No. 108-12
a. Summary.--This hearing discussed the regulatory
environment for Canadian pharmacies who provide lower-cost
prescription drugs to Americans. In particular Members
discussed recently introduced legislation that would invoke
monetary penalties to pharmaceutical companies who threaten to
stop selling their products to Canadian pharmacies who sell
these products to Americans.
b. Witnesses.--William K. Hubbard, Senior Associate
Commissioner for Policy, Planning and Legislation at the Food
and Drug Administration [FDA]; Dr. Elizabeth Wennar of the
Coalition for Access to Affordable Prescription Drugs; Dr. Andy
Troszok of the Canadian International Pharmacists Association;
and Robert M. Hayes of the Medicare Rights Center.
2. ``Consumer Choice and Implementing Full Disclosure in Dentistry,''
May 8, 2003; Serial No. 108-22
a. Summary.--This hearing focused primarily upon new
information relating to possible health implications of mercury
in the human body. In addition, the subcommittee reviewed the
need for disclosing adequate information to patients to enable
them to make informed choices about the type of dental
restorative material that is used in their treatment.
b. Witnesses.--Congressman Mike Michaud (ME-02); Dr. Maths
Berlin of the University of Lund, Sweden; Dr. Frederick C.
Eichmiller, D.D.S. of the American Dental Association Health
Foundation; Sandra Duffy, esq. of the Consumers for Dental
Choice Northwest; Dr. Chester Yokoyama, D.D.S. of the Dental
Board of California; and Emmitt Carlton of the NAACP.
3. ``Canadian Prescription Drug Importation: Is There a Safety Issue?''
June 12, 2003; Serial No. 108-59
a. Summary.--This hearing discussed safeguards that either
already were in place, or could be put in place, to maintain
safety of U.S. Food and Drug Administration [FDA] approved
prescription drugs that are re-imported into the United States,
as well as efforts by the U.S. pharmaceutical industry to
restrict Canadian wholesalers and pharmacists from selling
their products on the U.S. market or to Canadian pharmacists
that sell to U.S. consumers.
b. Witnesses.--William K. Hubbard, Senior Associate
Commissioner for Policy, Planning, and Legislation at FDA;
Chris Veihbacher of GlaxoSmithKline Pharmaceuticals; and David
Brennan of Astrazeneca Pharmaceuticals.
4. ``The Economic Aspects of the Pharmaceutical Industry in the United
States,'' June 25, 2003; Serial No. 108-63
a. Summary.--This hearing was a follow up to the April 3,
2003 hearing, and focused primarily on retail prices of
prescription drugs in the United States. It also explored the
reasons Americans pay remarkably higher prices for their drugs
than citizens of Canada and Europe. Testimony contained
information on cost containment remedies other than price
controls as well.
b. Witnesses.--Congressman Gil Gutknecht (R-MN); James Love
of the Consumer Project on Technology; Dr. Stephen
Schondelmeyer of the University of Minnesota; William Vaughn of
Families USA; and Stephen Moore of the CATO Institute.
5. ``International Child Abduction: The Absence of Rights of Abducted
American Citizens in Saudi Arabia,'' July 9, 2003; Serial No.
108-67
a. Summary.--This hearing was held to discuss ways to
better facilitate the safe return of abducted American citizens
abroad. Members also were able to hear the first hand
experience of Sarah Saga, an American citizen abducted to Saudi
Arabia in 1985 who only recently returned, and Debbie Dornier,
her mother.
b. Witnesses.--Maura Harty, Assistant Secretary for
Consular Affairs at the U.S. Department of State [DOS]; Sarah
Saga, American citizen abducted to Saudi Arabia in 1985; and
Debbie Dornier, mother of Sarah Saga.
6. ``A New Medicare Prescription Drug Benefit: Is It Good for
Seniors?'' July 17, 2003; Serial No. 108-78
a. Summary.--This hearing was held to discuss the merits of
H.R. 2427, the Pharmaceutical Market Access Act, which sought
to allow American consumers access to affordable FDA-approved
prescription drugs from the FDA-approved facilities in Canada
and other industrialized nations. The second panel discussed
the impact of adding a prescription drug bill to Medicare, as
proposed in H.R. 1.
b. Witnesses.--Congressman Rahm Emanuel (D-IL); Congressman
Gil Gutknecht (R-MN); Ed Haislmaier of the Heritage Foundation;
Joseph Antos of the American Enterprise Institute; Donald
Newcomb of the Alliance for Retired Americans; Helen Darling of
the Washington Business Group on Health; and Gail Shearer of
Health Policy Analysis for the Consumers Union.
7. ``The SV-40 Virus: Has Tainted Polio Vaccine Caused an Increase in
Cancer,'' September 10, 2003; Serial No. 108-85
a. Summary.--This hearing was held to further explore the
handling of the situation involving contaminated vaccines
containing the SV-40 virus. Witnesses were questioned as to
whether the full scope of the problem was known particularly in
regard to how many people were actually affected. Also the
current guidelines for immunization safety were reviewed to
ensure nothing like the SV-40 situation occurs again.
b. Witnesses.--Dr. James J. Goedert, Chief of the Viral
Epidemiology Branch and Senior Investigator at the National
Cancer Institute [NCI]; Barbara Loe Fisher of the National
Vaccine Information Center; Stanley J. Kops, attorney at law;
Dr. Adi Gazdar of the Universiy of Texas Southwestern Oncology;
and Eileen Grabinski, mother of an injured child.
8. ``A Medicare Prescription Drug Safety Net: Creating a Targeted
Benefit for Low-Income Seniors,'' September 24, 2003; Serial
No. 108-86
a. Summary.--This hearing is a follow-up to the
subcommittee's hearing of July 17, 2003 examining the short and
long-term financial costs of adding a prescription drug
component to the Medicare program.
b. Witnesses.--Congressman Calvin Dooley (D-CA); Joseph
Antos of the American Enterprise Institute; Thomas Miller of
the CATO Institute; Jeff Lemeiux of the Progressive Policy
Institute; and Ed Haislmaier of the Heritage Foundation.
9. ``Dying for Help: Are Patients Needlessly Suffering Due to the High
Cost of Medical Liability Insurance?'' October 1, 2003; Serial
No. 108-105
a. Summary.--This hearing discussed the desperate need for
tort reform to curb sky rocketing medical liability rewards
that are crippling many doctors across the nation due to the
exorbitant costs of medical liability insurance. It reviewed
some crisis states more closely, such as Pennsylvania.
b. Witnesses.--Kathryn G. Allen, Director of Health Care,
Medicaid and Private Health Insurance Issues of the General
Accounting Office [GAO]; Richard G. Hillman, Director of the
Financial Markets and Community Investment of the GAO; Dick
Thornburgh, former Attorney General of the United States and
former Governor of Pennsylvania; Dr. John C. Nelson of the
American Medical Association; Jay Angoff, former Insurance
Commissioner of the State of Missouri; Dr. Sherman Joyce of the
American Tort Reform Association; and Dr. James Tayoun of the
Politically Active Physicians Association.
10. ``The Environmental Impact of Mercury-Containing Dental Amalgams,''
October 8, 2003; Serial No. 108-102
a. Summary.--This hearing was held as a follow-up to the
subcommittee's hearing on May 8, 2003, entitled, ``Consumer
Choice and Implementing Full Disclosure in Dentistry,'' the
subcommittee examined the issue of whether mercury-containing
dental amalgam can pose a danger to the public health when
mercury from discarded amalgam scraps and capsules leach into
the environment.
b. Witnesses.--Geoffrey Grubbs, Director of the Office of
Science and Technology at the Environmental Protection Agency
[EPA]; Capt. James Ragain, Jr., Dental Corps of the U.S. Navy;
Dr. Fredrick Eichmiller of the American Dental Association;
Norman LeBlanc of the Association of Metropolitan Sewage
Agencies; Peter Berglund, PE of the Metropolitan Council of
Environmental Services; and David Galvin of the King County
Department of Natural Resources and Parks in the Water and Land
Resources Division.
11. ``Castro's Cuba: What's the Proper U.S. Response to Ongoing Human
Rights Violations in Our Hemisphere?'' October 16, 2003; Serial
No. 108-120
a. Summary.--This hearing was convened to discuss the
current human rights violations in the island nation of Cuba,
as well as how the United States should properly respond to
permanently end those violations and usher in a free and
democratic Cuba.
b. Witnesses.--Roger Noriega, Assistant Secretary for the
Western Hemisphere at DOS; Adolfo Franco, Assistant
Administrator for Latin America and the Caribbean for the U.S.
Agency for International Development [USAID]; R. Richard
Newcomb, Director of the Office of Foreign Assets Control for
the Department of Treasury [DOT]; Frank Calzon of the Center
for a Free Cuba; Eric Olson of Amnesty International; and Tom
Malinowski of Human Rights Watch.
12. ``The Ongoing Tragedy of International Slavery and Human
Trafficking: An Overview,'' October 29, 2003; Serial No. 108-
137
a. Summary.--This hearing investigated and discussed human
trafficking around the world, addressing the main forms of
human trafficking, including illicit sex trade, child slavery,
and indentured servitude. The Members had an opportunity to
hear personal accounts of victims across the globe, and discuss
innovative ways to combat the problem both in the United States
and abroad.
b. Witnesses.--John Miller, former U.S. Congressman (WA-
01), Director of the Office to Monitor and Combat Trafficking
in Persons at DOS; Dr. Kent Hill, Assistant Administrator for
USAID; Kevin Bales of Free the Slaves; Dr. Mohamed Mattar of
the Protection Project at Johns Hopkins University School of
Advanced International Studies; Dr. Janice Raymond of the
Coalition Against Trafficking in Women; Andrew Johnson of Save
the Children Federation; and Mary Covington of the
International Labour Organization of the United Nations.
13. ``Preventing Another SV40 Tragedy: Are Today's Vaccine Safety
Protocols Effective?'' November 13, 2003; Serial No. 108-127
a. Summary.--This hearing is a follow up to the September
10, 2003 hearing. The subcommittee invited representatives from
the National Cancer Institute [NCI] to reappear before the
subcommittee to better explain the inconsistencies in the
research being supported by the NCI's Division of Cancer
Epidemiology and Genetics regarding the relationship of SV-40
to contaminated polio vaccines. Additionally, the subcommittee
heard from the FDA to present evidence that supports compliance
with safe manufacturing protocols, and that supports the
assertion that all polio vaccines have been, are, and will
continue to be SV-40 free.
b. Witnesses.--Dr. William Egan, Acting Director in the
Office of Vaccines Research and Review for the FDA; and Dr.
Robert Hoover, Director of the Edpidemiology and Biostatics
Program in the Division of Cancer Epidemiology and Genetics at
NCI.
14. ``The Future Challenges of Autism: A Survey of the Ongoing
Initiatives in the Federal Government to Address the
Epidemic,'' November 20, 2003; Serial No. 108-125
a. Summary.--This hearing was held to discuss the current
U.S. Government research in regard to Autism Spectrum
Disorders, Federal Government assistance given to Autistic
individuals, and therapies that have been found useful in the
treatment of persons with Autism.
b. Witnesses.--Dr. Peter van Dyck, Associate Administrator
in the Office of the Maternal and Child Health Bureau for the
Health Resources and Service Administration [HRSA] at the
Department of Health and Human Services [HHS]; Ilene Schwartz
of the Center for Training Personnel to Provide Evidence-Based
Educational Services to Students with Autism Spectrum
Disorders; Rick Rollens of the MIND Institute at the University
of California-Davis; Dr. Stephen Edelson of the Edelson Center
for Environmental and Preventative Medicine; and Colleen
Pettinati, mother of two autistic children.
15. ``California's Compliance with Dental Amalgam Disclosure
Policies,'' January 26, 2004; Serial No. 108-141
a. Summary.--This field hearing was held to look into the
California Dental Board's non-compliance with Proposition 65,
specifically in regards to regulations stating information must
be posted in every dental office disclosing the makeup and
potential risks associated with dental amalgams.
b. Witnesses.--State Representative Karen Johnson of the
Arizona State Legislature; Dr. Chester Yokoyama of the Dental
Materials Fact Sheet Commission; Parin Shah of Community
Toolbox for Children's Environmental Health; Dr. Harold Slavkin
of USC School of Dentistry, and Shawn Khorrami, esquire.
16. ``Investigation into Health Care Disparities in U.S. Pacific Island
Territories,'' February 25, 2004; Serial No. 108-160
a. Summary.--This hearing was held to investigate current
health problems affecting the U.S. Pacific Island Territories.
The primary focus was on Guam and the Northern Mariana Islands,
and how access to quality health care and emergency medical
services is limited, as well as increased incidences of
diabetes and other diseases among the Pacific Island community.
b. Witnesses.--David Cohen, Deputy Assistant Secretary in
the Office of Insular Affairs at the Department of Interior
[DOI]; Dr. Nathan Stinson, Jr., Deputy Assistant Secretary in
the Office of Minority Health at HHS; Felix Camacho, Governor
of the U.S. Territory of Guam; Juan Babauta, Governor of the
Commonwealth of the Northern Mariana Islands; Togiola
Tulaffono, Governor of American Samoa; and Dr. Jefferson
Benjamin of the Pacific Island Health Officers Association.
17. ``10 Years After the Implementation of DSHEA: The Status of Dietary
Supplements in the United States,'' March 24, 2004; Serial No.
108-146
a. Summary.--This hearing was held to discuss Federal
Government research and implementation of Public Law 103-417,
the Dietary Supplement Health Education Act [DSHEA]. In
addition, the subcommittee received testimony from dietary
supplement industry leaders, medical doctors, and policy
researchers regarding the impact of DSHEA in the United States.
The Members had an opportunity to further explore some of the
complications Federal agencies have encountered implementing
DSHEA, and to consider the merit of proposals to amend DSHEA.
b. Witnesses.--Dr. Robert Brackett, Director of the Center
for Food Safety and Applied Nutrition at FDA; Dr. Marc Micozzi
of the Policy Institute for Integrative Medicine at the Thomas
Jefferson University Hospital; Alan Dumoff, JD of the American
Association for Health Freedom; David Seckman of the National
Natural Foods Association; Annette Dickinson of the Council for
Responsible Nutrition; and Doug Rose, dietary supplement user.
18. ``Autism Spectrum Disorders: An Update of Federal Government
Initiatives and Revolutionary New Treatments of Neuro-
developmental Diseases,'' May 6, 2004; Serial No. 108-192
a. Summary.--This hearing was held to discuss the Federal
Government initiatives in regard to autism stemming from a
Department of Health and Human Services & Department of
Education summit held in November 2003. In addition, the
subcommittee heard from medical professionals who have found
useful innovative treatments for patients afflicted with an
Autism Spectrum Disorder.
b. Witnesses.--Troy Justesen, Assistant Secretary of the
Office of Special Education and Rehabilitative Services at the
Department of Education [DOEd]; Dr. Rashid Buttar; Dr. Paul
Harch of the International Hyperbaric Medical Association; Dr.
Ken Stoller; and Julie Gordon of Mothers United for Moral
Support.
19. ``Decades of Terror: Exploring Human Rights Abuses in Kashmir and
the Disputed Territories,'' May 12, 2004; Serial No. 108-212
a. Summary.--This hearing was held to examine the ongoing
Kashmir land dispute between India and Pakistan, specifically
the resulting egregious human rights violations, including
summary executions, rape, and routine beatings.
b. Witnesses.--Michael Kozak, Principal Duputy Assistant
Secretary of the Bureau of Democracy, Human Rights and Labor at
DOS; Don Camp of the Bureau of South Asian Affairs at DOS; T.
Kumar of Amnesty International; Bob Giuda of the Americans for
Resolution of Kashmir; Dr. Ghulam-Nabi Fai of the Kashmiri
American Council; Dr. Gurmit Singh Aulakh of the Council of
Khalistan; Attiya Inayatullah; and Selig Harrison of the Center
for International Policy.
20. ``Living in Fear: The Continued Human Rights Abuses in Castro's
Cuba,'' June 16, 2004; Serial No. 108-202
a. Summary.--This hearing was held to discuss the continued
human rights violations occurring in the island nation of Cuba
following the 1-year anniversary of a crackdown of 75
dissidents. The subcommittee also heard proposals designed to
assist Cuba in transitioning into a democratic form of
government.
b. Witnesses.--Michael Kozak, Principal Deputy Assistant
Secretary of the Bureau of Democracy, Human Rights and Labor at
DOS; David Mutchler, Senior Advisor on Cuba for the USAID;
Jamie Suchlicki of the Cuban Transition Project at the
University of Miami; Omar Lopez Montenegro of the Cuban
American National Foundation; Eric Olson of Amnesty
International; and Miguel Reyes.
21. ``Living with Disabilities in the United States: A Snapshot,'' June
24, 2004; Serial No. 108-242
a. Summary.--This hearing was held to examine the quality
of life experienced by the persons afflicted with a disability
in the United States. In addition, the subcommitee discussed
the ways in which the Federal Government and non-governmental
organizations are working to expand the participation and
contributions of this population.
b. Witnesses.--Congressman James R. Langevin (D-RI); Troy
Justesen, Assistant Secretary of the Office of Special
Education and Rehabilitative Services at DOE; Don Young, Deputy
Assistant Secretary of the Office of Health Policy at HHS; Alan
A. Reich of the National Organization on Disability; Robert
David Hall, actor, CSI: Crime Scene Investigation; Dr. Peter
Blanck of the University of Iowa College of Law; and John
Register of the U.S. Olympic Committee.
22. ``Trafficking in Persons: The Federal Government's Approach to
Eradicate this Worldwide Problem,'' July 8, 2004; Serial No.
108-247
a. Summary.--This hearing was held to discuss the recently
released State Department report on Trafficking in Persons, as
well as the first-ever report in domestic trafficking by the
Department of Justice. In addition, the subcommittee examined
how the Federal Government and non-governmental organizations
are working together to combat trafficking and assist victims
of trafficking in the United States.
b. Witnesses.--John Miller, former U.S. Congressman (WA-
01), Director of the Office to Monitor and Combat Trafficking
in Persons at DOS; R. Alexander Acosta, Assistant Attorney
General in the Civil Rights Division of the Department of
Justice [DOJ]; Christopher Gersten, Principal Deputy Assistant
Secretary for the Administration for Children and Families at
HHS; Charles Sung of the Coalition to Abolish Slavery and
Trafficking; Michele Clark of the Johns Hopkins University
School of Advanced International Studies; and Derek Ellerman of
the Polaris Project.
23. ``Balancing Act: The Health Advantages of Naturally-Occurring
Hormones in Hormone Replacement Therapy,'' July 22, 2004;
Serial No. 108-249
a. Summary.--This hearing was held to discuss the
differences between synthetic and naturally occurring hormones,
or bioidentical hormones, for use in hormone replacement
therapy. In addition, the subcommittee discussed additional
health benefits that are evident in the utilization of
bioidentical hormones in men and women.
b. Witnesses.--Dr. Barbara Alving, Acting Director of the
Heart, Lung, and Blood Institute at the National Institutes of
Health [NIH]; Dr. Steven F. Hotze of the Hotze Health and
Wellness Center; Dr. David Brownstein of the Center for
Holistic Medicine; Carol Peterson of the Women's International
Pharmacy; Vicki Reynolds, Hormone Replacement Therapy Patient,
and Dr. Adriane Fugh-Berman of the Georgetown Medical Center.
24. ``Truth Revealed: New Scientific Discoveries Regarding Mercury in
Medicine and Autism,'' September 8, 2004; Serial No. 108-262
a. Summary.--This hearing was held to discuss the new
scientific discoveries regarding the damaging effects due to
the use of mercury in medicine. Specifically, the subcommittee
looked at new research regarding the influence of genetics in
how mercury may affect individuals.
b. Witnesses.--Dr. William Egan, Acting Director of the
Office of Vaccines and Research and Review for the Center for
Biologics Evaluation and Research at FDA; Dr. Melinda Wharton,
Acting Deputy Director of the National Immunization Program at
the Centers for Disease Control [CDC]; Dr. Richard Deth of
Northeastern University; Dr. Marcel Just of Carnegie Mellon
University; Richard Fischer of the International Academy of
Oral Medicine and Toxicology; and Lyn Redwood, R.N. of
Safeminds.
25. ``Conquering Obesity: the U.S. Approach to Combating this National
Health Crisis,'' September 15, 2004; Serial No. 108-268
a. Summary.--This hearing was held to discuss the ever-
increasing incidences of obesity in the United States and the
health implications of these increases in body weight. In
addition, the hearing provided an opportunity for Members to
discuss various government initiatives with representatives
from the U.S. Department of Health and Human Services.
b. Witnesses.--Dr. Ed Thompson, Chief of Public Health
Practice at CDC; Eric Bost, Undersecretary for Food, Nutrition,
and Consumer Services at the U.S. Department of Agriculture
[USDA]; Alison Krester of the Grocery Manufacturers of America;
Hunt Shipman of the National Food Processors Association;
Morgan Downey of the American Obesity Association; Dr. Daniel
Spratt of the Endocrine Society of America; and Dr. Thomas
Wadden of the North American Association for the Study of
Obesity.
26. ``Dietary Supplements: Nature's Answer to Cost Effective
Preventative Medicine,'' September 22, 2004; Serial No. 108-270
a. Summary.--The purpose of this hearing was to discuss the
use of dietary supplements as an integral means of preventative
medicine in an individual's health care regime with a
particular focus on folic acid, saw palmetto, omega-3 fatty
acids, calcium, and glucosamine. In addition, the subcommittee
examined the possible cost savings derived by using various
supplements on a regular basis to ensure well-being.
b. Witnesses.--Dr. Paul Coates, Director of the Office of
Dietary Supplements at NIH; Dr. Allen Dobson of the Lewin
Group; Dr. Jeffrey Blumberg of Tufts University; Dr. Barbara
Levine of Cornell University; Elliot Balbert of the Dietary
Supplement Alliance; and Marilu Henner, Actress, Author and
Health Advocate.
SUBCOMMITTEE ON NATIONAL SECURITY, EMERGING THREATS AND INTERNATIONAL
RELATIONS
Summary of Oversight Activities
HIGHLIGHTS
At the close of the 108th Congress, the subcommittee had
conducted 48 hearings, forwarded 4 oversight reports to the
full committee and was pursuing more than 30 investigations and
programmatic reviews. Oversight focused in six major issue
areas:
1. Counterterrorism and Homeland Security
During four hearings, the subcommittee continued oversight
of administration counterterrorism and homeland security
programs. Two hearings examined U.S. strategies to combat
terrorism, and focused on the questions: ``Do national
strategies to combat terrorism articulate clear visions,
statements, goals, and objectives to protect the United States
from terrorist acts?,'' and ``Are the recommendations of the
National Commission on Terrorist Attacks Upon the United States
(9/11 Commission) incorporated into to the goals, objectives
and initiatives of the 2002 National Strategy for Homeland
Security and the 2003 National Strategy to Combat Terrorism?''
Witnesses at the hearing identified a set of desirable
characteristics for strategies: (1) purpose, scope, and
methodology; (2) problem definition and risk assessment; (3)
goals, subordinate objectives, activities, and performance
measures; (4) resources, investments, and risk management; (5)
organizational roles, responsibilities, and coordination; and
(6) integration and implementation.
The subcommittee found considerable variation in the extent
to which strategies related to combating terrorism and homeland
security address the characteristics. A majority of the
strategies at least partially address the characteristics.
However, none of the strategies addresses all of the elements
of resources, investments, and risk management; or integration
and implementation.
Additionally, the subcommittee found the 9/11 Commission
recommendations share many features of the administration's
National Strategy for Combating Terrorism, and National
Strategy for Homeland Security. Each document emphasized the
importance of timely and actionable intelligence. Each document
also emphasized a need for pre-emptive strategy, for attacking
terrorists and their organizations, for international
cooperation, for foreign economic assistance, for winning
hearts and minds, for strengthening counter-proliferation
efforts, for attacking terrorist financing, for denying
sanctuaries, and for border security. Most of the 9/11
Commission recommendations were included in the national
strategies to combat terrorism.
Two hearings were held related to homeland security--The
Homeland Security Advisory System [HSAS] and chemical plant
security. The hearing on HSAS examined the Department of
Homeland Security [DHS] program, and the adequacy of
information on threats and appropriate protective measures
provided to the public.
The subcommittee found the utility of the Homeland Security
Advisory System [HSAS] was being questioned by State and local
officials, first responders, and the public. Department of
Homeland Security [DHS] Secretary Tom Ridge acknowledged the
need to refine the five-color scheme that seemed to be losing
both its credibility and its audience. Witnesses testified
public warning systems should, to the extent possible, include
questions to determine if the entities receiving the alerts
have the necessary information to respond appropriately to
heightened alerts. The HSAS does not meet this standard.
The chemical plant security hearing examined voluntary
actions the chemical industry has taken to address security
preparedness and challenges the industry faces protecting
facility assets and operations from terrorist attacks.
Witnesses testified chemical facilities might be attractive
targets for terrorists intent on causing economic harm and loss
of life. Many facilities exist in populated areas where a
chemical release could threaten thousands. The Environmental
Protection Agency [EPA] reported 123 chemical plants located
throughout the Nation could each potentially expose more than a
million people if a chemical release occurred. To date, no one
has comprehensively assessed the security of chemical
facilities.
2. Post-Conflict Iraq
The subcommittee continued efforts to examine post-conflict
issues in Iraq. During the first and second congressional
sessions, subcommittee representatives made six trips to Iraq,
and held two hearings concerning issues related to post-
conflict Iraq.
The trips generated several recommendations that were sent
to administration representatives:
LThe administration should consider
independent assessments of reconstruction efforts in
Iraq.
LThe administration should redouble efforts to
internationalize the rebuilding of Iraq.
LThe position of special advisor to the
President for Public Diplomacy should be created.
LThe face and voice of the Coalition
Provisional Authority should be an Iraqi.
LRepresentation from the Iraqi Governing
Council should participate in all Coalition Provisional
Authority briefings.
LThe establishment of an Iraqi government
should not be put off until the security situation is
stabilized.
The hearing, ``Iraq: Winning Hearts and Minds,'' examined
assumptions and significant policy decisions that contributed
to changes in Iraqi confidence and cooperation with the
Coalition Provisional Authority.
The subcommittee found three policy decisions contributed
to changes in Iraqi confidence and cooperation with the
Coalition Provisional Authority [CPA]. The CPA focused their
attention on the Iraqi religious sheiks rather than on Iraqi
tribal sheiks. The De-Ba'athification program was a
miscalculation. Planners for Iraq underestimated the resilience
of Saddam Hussein's regime and underestimated the need for the
number of forces needed to maintain stability in post-conflict
Iraq.
The other hearing, ``Training and Equipping Reserve
Component Forces,'' focused on post-conflict Iraq, examined how
the U.S. military applies lessons learned from dynamic combat
environments to the development of training and equipment
requirements, especially for National Guard and Reserve units.
The subcommittee found that despite improvements in
training and equipping Reserve Component forces, some still
reported equipment shortages and inadequate training for units
deploying to combat environments. Witnesses testified
shortfalls and lessons learned in-theater need to be integrated
into pre-deployment decisionmaking.
3. Strengthening Disease Surveillance
The subcommittee conducted an oversight investigation of
disease surveillance systems. Concerns about bioterrorism and
improvements in technology have led to an increased emphasis on
the development of early warning systems to detect the presence
of disease. The sooner public health authorities are made aware
of contagious disease outbreaks, the sooner protective measures
can be put in place to contain and control its spread. An
effective public health response will depend on the timeliness
and quality of communication among local, State and Federal
levels.
The oversight investigation found disease surveillance
systems are fragmented and have been slow to adapt to new
technologies, which could improve the timeliness of data
collection. The subcommittee recommended the Centers for
Disease Control and Prevention set a clear timeframe for the
establishment of a nationwide disease surveillance system.
Steps should be taken to modernize, improve, and link disease
surveillance systems.
4. Post-Conflict Humanitarian Assistance
Two hearings and substantial interaction with international
aid organizations and U.S.-based non-governmental organizations
[NGOs] gave the subcommittee an in-depth understanding of the
scope, successes and challenges of assistance efforts in
Bosnia, Afghanistan and Iraq. NGOs remain concerned about
limited international participation in aid efforts and find
themselves limited by a lack of traditional ``humanitarian
space'' to operate outside polarizing political or military
structures.
5. Department of Defense
Efficient management of complex and costly Pentagon
programs was the focus of seven subcommittee hearings. Efforts
to modernize business processes, control weapons system
acquisition costs and modernize force structures were the
subject of General Accounting Office [GAO] reports and
testimony produced at the subcommittee's request. Waste, and an
increased risk of diversion to unlawful use, were found in DOD
disposal of surplus chemical and biological lab equipment and
protective ensemble items.
6. State Department
Through STAFFDEL travel to examine embassy construction,
USAID activities and consular operations, the subcommittee
undertook a thorough examination of State Department
initiatives to strengthen overseas operations. Hearings on
rightsizing, a key element of the President's management
agenda, visa revocation followup processes and USAID workforce
planning highlighted important issues in improving U.S.
diplomatic operations. An oversight report entitled, ``Efforts
to Rightsize the U.S. Presence Abroad Lack Urgency and
Momentum,'' (House Report 108-395), was approved by the
committee on November 21, 2003.
7. Department of Energy
The subcommittee conducted an oversight investigation of
Department of Energy [DOE] efforts to improve nuclear facility
security. The subcommittee examined DOE's National Nuclear
Security Administration [NNSA] and the Office of Energy,
Science and Environment [ESE] divisions to determine the
reasons behind persistent reports of facility security lapses.
The Department of Energy is the Nation's custodian for the
protection nuclear weapons, components and special nuclear
material. The oversight investigation found substantial
institutional, technical and fiscal challenges faced by efforts
to develop and implement a strengthened design basis threat
[DBT] within a reasonable timeframe. A multi-discipline team
has been created to review the DBT and reassess divergence
between DBT threat levels and the intelligence community
analysis. In addition, a Consolidation of Materials Task Force
has been formed and has compiled a list of excess material in
the effort to reduce the number of facilities housing special
nuclear materials.
8. Nuclear Regulatory Commission
The subcommittee conducted an oversight investigation of
the Nuclear Regulatory Commission [NRC] efforts to improve
commercial nuclear power facility security. The United States
has 103 commercial nuclear reactors at 65 nuclear plant sites
in 31 States. The Nation's nuclear energy utilities have
primary responsibility for safety, security and protection for
these nuclear reactors and spent fuel storage sites. As a
result of September 11, 2001, the Nuclear Regulatory Commission
[NRC] has directed the nuclear energy industry to take
additional steps improve security at these sites.
The subcommittee found it would take several more years for
the NRC to have assurances that the plants are protected
against the terrorist threat. The plants' development and
implementation of security plans to comprehensively address the
new design basis threat [DBT] is a critical step in ensuring
that individual plants can defend against terrorism. Although
new security plans are to be approved and implemented by
October 29, 2004, the NRC will not have the detailed knowledge
about security at individual facilities to ensure that these
plans provide this protection.
9. Veterans Health
The subcommittee continued to monitor implementation of the
DOD anthrax vaccine immunization program, the smallpox
inoculation effort, and other force health protection programs,
to determine if lessons learned in Operations Desert Storm and
Desert Shield are being applied. Deliberations of the
Department of Veterans Affairs Advisory Committee on Gulf War
Veterans Illnesses were monitored closely to assess the scope
and rigor the Federal research agenda, particularly with regard
to studies into the potential impact of environmental exposures
and other toxins referenced in the Persian Gulf War Veterans
Health Act of 1998.
10. United Nations Oil-for-Food Program
Following the production of exhaustive documentation, much
of which was produced under subpoena, travel to Iraq, and two
hearings, it has become apparent the Oil-for-Food Program
[OFFP] suffered from several weaknesses. These weaknesses
include: a lack of support by certain Security Council member
states; insufficient guidance and support from U.N. personnel;
too much control by Iraqi authorities; too little authority and
resources in the hands of contracted overseers; and a lack of
transparency.
11. Public Diplomacy
The subcommittee continued its oversight of U.S. public
diplomacy efforts, holding two hearings on U.S. efforts. Both
hearings focused on efforts to strengthen relationships between
the United States and Arab and Muslim publics. However, as both
hearings demonstrated, U.S. efforts still lack effective
coordination and imagination. Nevertheless, the subcommittee
was told of several new initiatives that hold promise to
rectify some of the concerns voiced about existing public
diplomacy efforts.
Summary of Accomplishments
Subcommittee inquiries, investigations, hearings and
followup questions prompted administrative and regulatory
actions to address issues raised and recommendations made with
regard to policies and practices in the following areas:
1. Surplus DOD Chem/Bio Equipment
Weaknesses in risk assessment and inventory controls over
potentially sensitive chemical and biological lab equipment
identified by the subcommittee and GAO investigators are being
addressed by the DOD Defense Logistics Agency. Internet sales
of certain items have been suspended pending completion of the
recommended risk assessment.
2. Preparedness Standards
The subcommittee participated in the planning and execution
of a tabletop exercise of local response capabilities to a WMD
incident sponsored by the Department of Homeland Security.
Based in part on those hearing findings regarding first
responder training and readiness, government and private sector
organizations acknowledged the urgent need for preparedness
standards to guide substantial Federal investments and measure
progress. The bipartisan Federal Preparedness Standards Act was
introduced and significant elements of the proposal were
incorporated into legislation approved the Select Committee on
Homeland Security Subcommittee on Emergency Preparedness and
Response.
3. Deployment Health
Applying lessons learned from extensive oversight of the
1991 Persian Gulf war with regard to the adequacy of medical
recordkeeping in theater, environmental monitoring for toxic
exposures and administration of vaccines and treatments to
counter biological and chemical weapons, the subcommittee
closely examined statutorily mandated processes to assess pre-
and post-deployment health of U.S. military personnel.
Subsequent to a hearing on these issues, the Assistant
Secretary of Defense for Health Affairs agreed to substantially
augment the post-deployment health assessment instrument and to
study the potentially detrimental impacts of multiple
inoculations.
4. Chemical Weapons Demilitarization
At the request of subcommittee Vice Chairman Mike Turner,
the subcommittee examined the management and execution of an
Army contract for the disposal of hyrosolate, the byproduct of
the chemical neutralization and dilution of the nerve agent VX.
After subcommittee review of substantial program documentation,
and after a field hearing to assess the extent of ``public
acceptance'' of program activities required by the contract,
the Army terminated the subcontract.
5. Rightsizing the U.S. Presence Abroad
At the subcommittee's request, the General Accounting
Office, working with the Department of State and the Office of
Management and Budget [OMB], formulated an analytical framework
to guide the President's management agenda initiative to put
the right people, with the right skills at the right places to
achieve U.S. strategic and diplomatic missions abroad. Both
State and OMB have adopted the framework to guide rightsizing
efforts. Based on the subcommittee's work, rightsizing language
was inserted into H.R. 1950, the Millennium Challenge Account,
Peace Corps Expansion, and Foreign Relations Authorization Act
of 2003. The language requires chiefs of mission to reassess
each staff position under their authority every 5 years.
6. Army National Guard Pay
The subcommittee requested GAO to undertake a series of
case studies to determine if pay and benefit calculation errors
noted 9 years ago had been rectified. GAO again found a largely
manual, error prone system used to calculate complex base pay,
special pay and allowances for deployed Army National Guard
personnel. In some instances, Guard members were billed for
substantial arrearages, up to $48,000 in some cases, when in
fact any actual amount owed due to erroneous processing was far
less. Pay errors cause significant financial and emotional
hardships for deployed Guard members and their families.
Agreeing with the GAO findings, and responding to the
recommendations, DOD offices responsible for mobilization and
pay processes took immediate steps to correct specific errors
and formulated a detailed action plan for near-, mid- and long-
term corrections.
7. Visa Revocation
After subcommittee inquiries and hearing testimony
documented a lack of coordination in identifying the risks
posed by the presence of aliens whose visas had been revoked,
the Departments of State and Justice agreed to review the
language of the visa revocation document to strengthen the
ability to expel an alien in the United States on a revoked
visa. If the foreign visitor manages to enter the United States
on a revoked visa, current language states the revocation
becomes effective only after the alien departs voluntarily.
With the exception of the Federal Bureau of Investigation,
agencies involved also said greater efforts would be made to
standardize dissemination and review of revocation
notifications and indicate if the ``prudential'' reason for the
action was based on an increased risk of terrorist activity.
8. Nuclear Weapons Complex Security
Subcommittee oversight helped persuade the Department of
Energy that the defensive security standard--called the design
basis threat [DBT]--needs to be updated more quickly and more
frequently and be as reflective of current threat postulations
as possible. As a result, the Deputy Secretary of Energy has
directed a review of the May 2003 DBT to better reflect the
threat of improvised devices at sites containing fissile
material.
Hearings
1. ``Combating Terrorism: A Proliferation of Strategies,'' March 3,
2003; Serial No. 108-20
a. Summary.--The purpose of the hearing was to assess the
extent to which U.S. strategies to combat terrorism articulate
clear vision statements, goals, and objectives to protect the
United States from terrorist acts. Discussion focused on the
strategic framework developed since September 11, 2001 and the
need to better integrate and coordinate efforts so the approach
is truly national, not just Federal.
b. Witnesses.--Mr. Raymond Decker, Director, Defense
Capabilities and Management Team, U.S. General Accounting
Office; James Gilmore III, chairman, Advisory Panel to Assess
the Domestic Response Capabilities for Terrorism Involving
Weapons of Mass Destruction; Dr. Michael E. O'Hanlon, senior
fellow foreign policy studies, the Sydney Stein, Jr. Chair, the
Brookings Institution; Dr. Andrew F. Krepinevich, executive
director, Center for Strategic and Budgetary Assessments; and
John Newhouse, senior fellow, Center for Defense Information.
2. ``Emerging Threats: Assessing Public Safety and Security Measures at
Nuclear Power Facilities,'' March 10, 2003; Serial No. 108-43
a. Summary.--The purpose of the hearing was to examine
nuclear power facility security and emergency evacuation plans.
Focus of discussion was the need to update security and
evacuate security and evacuation plans at the plant, and to
involve nearly communities in planning and public education
efforts.
b. Witnesses.--W. Craig Conklin, Director, Technological
Services Division, Office of National Preparedness, Emergency
Preparedness and Response Directorate, Department of Homeland
Security; Hubert Miller, NRC Region I Administrator, Nuclear
Regulatory Commission; John T. Wiltse, Director, Office of
Emergency Management, State of Connecticut; Richard Bond, first
selectman, town of New Canaan; Richard Blumenthal, attorney
general, State of Connecticut; Jim Wells, Director, Natural
Resources and the Environment, U.S. General Accounting Office;
Michael J. Slobodien, director, emergency programs, Entergy
Nuclear Operations, Inc.; William F. Renz, director, nuclear
protection services and emergency preparedness, Dominion
Resources Services, Inc.; Angelina S. Howard, executive vice
president, Nuclear Energy Institute [NEI]; Alex Matthiessen,
executive director, Riverkeeper; and David Lochbaum, nuclear
safety engineer, Union of Concern Scientists.
3. ``Protecting the Health of Deployed Forces: Lessons Learned from the
Persian Gulf War,'' March 25, 2003; Serial No. 108-54
a. Summary.--The purpose of the hearing was to examine
deployment health lessons learned from the 1991 Persian Gulf
war. Discussion focused on subsequent efforts to focus on
deployment health and the extent to which the Pentagon was
implementing a statutory requirement to administer ``medical
examinations'' to deploying forces through primary reliance on
a brief questionnaire.
b. Witnesses.--Dr. William Winkenwerder, Assistant
Secretary of Defense for Health Affairs, U.S. Department of
Defense; Dr. Robert H. Roswell, Under Secretary for Health,
U.S. Department of Veterans Affairs; Dr. John H. Moxley III,
managing director, North American Health Care Division, Korn/
Ferry International; Dr. Manning Feinleib, professor of
epidemiology, Bloomberg School of Public Health, John Hopkins
University; and Steve Robinson, executive director, National
Gulf War Resource Center, Inc.
4. ``Strengthening Oversight of DOD Business Systems Modernization,''
joint hearing with the Subcommittee on Technology, Information
Policy, Intergovernmental Relations and the Census, March 31,
2003; Serial No. 108-44
a. Summary.--The purpose of the hearing was to examine and
evaluate the effectiveness of DOD management and oversight of
Defense Financial and Accounting Service [DFAS] information
technology [IT] investments. Discussion focused on the
management failures in four system development projects in
which requirements to articulate an incremental business case
for continued spending were not observed. Discussion also
focused on how similar uncoordinated system development could
be prevented as DOD attempts to implement an ``enterprise
architecture'' to integrate all financial and management data.
b. Witnesses.--Randolph Hite, Director, Information
Technology Architecture and System Issues, GAO; JoAnn Boutelle,
Director, Deputy Chief Financial Officer, U.S. Department of
Defense; John R. Landon, Principal Director, Deputy Assistant
Secretary of Defense, Command, Control Communications and
Intelligence Surveillance, Reconnaissance, Space & IT Programs;
and Thomas Bloom, Director, Defense Finance and Accounting
Service [DFAS], U.S. Department of Defense.
5. ``The President's Management Agenda: Rightsizing the U.S. Presence
Abroad,'' April 7, 2003; Serial No. 108-21
a. Summary.--The purpose of the hearing was to examine the
processes used to determine the appropriate size of the U.S.
diplomatic and Federal agency presence abroad. Discussion
focused on one element of the President's management agenda
calling for greater coordination between Federal departments to
increase security at U.S. posts abroad and assure the right
U.S. staff, at the right place with the right skills and
training.
b. Witnesses.--Jess T. Ford, Director International Affairs
and Trade Division, GAO; Ruth A. Davis, Director General, U.S.
Department of State; Maj. Gen. Charles E. Williams, USA Ret.
Director, Overseas Buildings Office, U.S. Department of State;
Richard Nygard, Deputy Assistant Administrator for Management,
U.S. Agency for International Development; Anne Sigmund,
Ambassador, Acting Inspector General, U.S. Department of State;
William H. Itoh, Ambassador, Acting Deputy Inspector General,
U.S. Department of State; and Testimony Submitted for the
Record by Mitchell E. Daniels, Director, Office of Management
and Budget.
6. ``Controlling Costs in Tactical Aircraft Programs,'' April 11, 2003;
Serial No. 108-47
a. Summary.--The purpose of the hearing was to examine the
causes and implications of schedule delays and cost growth in
the F/A-22 Raptor program. Discussion focused on efforts to
contain costs and sustain the F/A-22 program under statutory
spending caps. Additionally, discussion centered on the
validity of cost savings estimates and the risks of
concurrently developing production plans while attempting to
mature critical technologies.
b. Witnesses.--David M. Walker, Comptroller General of the
United States, GAO; Dr. Glen Lamartin, Director, Strategic and
Tactical Systems, Department of Defense; Dr. Marvin Sambur,
Assistant Secretary of the Air Force (Acquisition), Department
of the Air Force, Department of Defense; Eric Miller, senior
defense investigator, Project on Government Oversight;
Christopher Hellman, senior analyst, Center for Defense
Information; and Steven Ellis, vice president of programs,
Taxpayers for Common Sense.
7. ``Homeland Defense: Old Force Structures for New Missions?'' April
29, 2003; Serial No. 108-48
a. Summary.--The purpose of the hearing was to examine the
role of the Department of Defense [DOD] in homeland defense.
The creation of a unified combatant command for North America,
NORTHCOM and designation of an Assistant Secretary of Defense
for Homeland Defense were examined. Discussion focused on the
challenges of integrating the homeland defense mission into a
force structure and training cycle currently centered on
``major'' global war fighting requirements. Stress on reserve
component forces (National Guard, Reserves) was also discussed
as those units are called upon to perform both missions.
b. Witnesses.--Paul McHale, Assistant Secretary of Defense
for Homeland Defense; Thomas F. Hall; Assistant Secretary of
Defense for Reserve Affairs; Lieutenant General Edward G.
Anderson III, Deputy Commander, U.S. Northern Command and
Aerospace Defense Command; Raymond Decker, Director, Defense
Capabilities Management Team GAO; General Dennis J. Reimer,
director, Oklahoma City National Memorial Institute for the
Prevention of Terrorism; Dr. James Jay Carafano, senior fellow,
Center for Strategic and Budgetary Assessments; and Michael
Wermuth, senior policy analyst, RAND Corp.
8. ``Homeland Security: Improving Public Health Surveillance,'' May 5,
2003; Serial No. 108-55
a. Summary.--The purpose of the hearing was to examine the
status of public health surveillance programs and the
challenges to improving local, State, Federal and international
health data collection and reporting. Discussion focused on
both lab networks, and new ``syndromic surveillance'' systems
to mine public data to detect signs of disease outbreaks.
b. Witnesses.--Dr. David W. Fleming, Deputy Director for
Public Health Science, Centers for Disease Control and
Prevention; Dr. David Tornberg, Deputy Assistant Secretary of
Defense for Clinical and Program Policy, Department of Defense;
Mary C. Selecky, secretary, Washington State Department of
Health, president, the Association of State and Territorial
Health Officials, Council of State and Territorial
Epidemiologists; Dr. Seth L. Foldy, medical director, city of
Milwaukee health commissioner, Chair of National Association of
County and City Health Officials Information Technology
Committee; Dr. Julie Hall, medical officer, World Health
Organization; and Karen Ignagni, president and CEO, American
Association of Health Plans.
9. ``Humanitarian Assistance Following Military Operations: Overcoming
Barriers,'' May 13, 2003; Serial No. 108-56
a. Summary.--The hearing examined problems encountered by
nongovernmental organizations providing humanitarian assistance
in the wake of a military conflict and prospects for overcoming
those difficulties. Discussions focused on techniques to assess
need, overcome cultural barriers to aid and deploy resources
efficiently. A taped statement was provided from Iraq by Gen.
Jay Garner (USA, Retired).
b. Witnesses.--Lieutenant General Jay Garner (Retired),
Director, Office of Reconstruction and Humanitarian Assistance,
Department of Defense, (taped testimony); Richard Greene,
Principal Deputy Assistant, Bureau of Population, Refugee and
Migration, Department of State; William J. Garvelink, Senior
Deputy Assistant Administrator, Bureau of Democracy, Conflict,
and Humanitarian Assistance, U.S. Agency for International
Development; Curtis R. Welling, president and CEO, AmeriCares;
George C. Biddle, senior vice president, International Rescue
Committee; Rudy Von Bernuth, vice president and managing
director, Children in Emergencies and Crisis, Save the
Children; and Kevin M. Henry, director, policy and advocacy,
CARE.
10. ``Stamping Out Anthrax in USPS Facilities: Technologies and
Protocols for Bioagent Detection,'' May 19, 2003; Serial No.
108-57
a. Summary.--The purpose of the hearing was to examine
available technologies for detecting anthrax and other bio-
agents, and appropriate protocols for selecting and using those
technologies. The discussion at the hearing centered on the
uncertainties of sampling techniques, the quantification of
laboratory findings and the need to standardize sampling and
testing protocols in the event of future terrorist attacks.
b. Witnesses.--Dr. Keith Rhodes, Chief Technologist, GAO;
Dr. Robert G. Hamilton, director, John Hopkins Dermatology
Allergy and Clinical Immunology; Colonel Erik A. Henchal,
Commander, U.S. Army Medical Research Institute of Infectious
Diseases; Thomas G. Day, vice president of engineering, U.S.
Postal Service; William Burrus, president, American Postal
Workers Union; Captain Kenneth Martinez, engineer, Center for
Disease Control; Dr. James L. Hadler, State epidemiologist,
State of Connecticut Department of Public Health; and R. Davis
Layne, Deputy Assistant Secretary, Occupational Safety and
Health Administration.
11. ``Following Toxic Clouds: Science and Assumptions in Plume
Modeling,'' June 2, 2003; Serial No. 108-91
a. Summary.--The purpose of the hearing was to examine the
strengths and weaknesses of current methodologies to model the
spread of aerosolized biological, chemical or radiological
agents. At the hearing, discussion focused on advances in
atmospheric plume modeling since the first Gulf war and
remaining technical and management challenges to improving the
real-time accuracy and predictive power of dispersion models.
b. Witnesses.--Keith Rhodes, Chief General Accounting
Office Technologist, GAO; Dr. Anna Johnson-Wineger, Deputy
Assistant to the Secretary of Defense for Chemical/Biological
Defense Programs, Department of Defense; Dr. Donald L. Ermak,
program leader, National Atmospheric Release Advisory Center
[NARAC], Lawrence Livermore Laboratory; Bruce Hicks, director,
Air Resources Laboratory National Oceanic and Atmospheric
Administration [NOAA]; Dr. Eric Barron, Chair, Board on
Atmospheric Sciences and Climate, National Research Council;
and Dr. Steven R. Hanna, adjunct associate professor, Harvard
School of Public Health, Boston, MA.
12. ``Visa Revocations: Catching the Terrorist Among Us,'' June 18,
2003; Serial No. 108-84
a. Summary.--The purpose of the hearing was to examine the
process of revoking visas and locating those who may have
entered the country prior to the revocation of their visa.
Based on GAO findings that persons with revoked visas were
being admitted to the United States and not pursued once here,
discussion concluded that more could be done jointly to prevent
entry or remove persons whose visas had been revoked. However,
the FBI represented that only their TIPOFF system could be
relied upon to identify persons posing a terrorism risk, a
representation not contained in the agency's submitted
testimony.
b. Witnesses.--Jess T. Ford, Director, International
Affairs and Trade Division, GAO; Catherine Barry, Managing
Director, Office of Visa Services, Bureau of Consular Affairs,
U.S. Department of State; Jayson P. Ahern, Assistant
Commissioner, Office of Field Operations, Bureau of Customs and
Border Protection, U.S. Department of Homeland Security;
Charles H. DeMore, Interim Assistant Director for
Investigations, Bureau of Immigration and Customs Enforcement,
U.S. Department of Homeland Security; and Steven C. McCraw,
Inspector-Deputy Assistant Director of Intelligence, Federal
Bureau of Investigation.
13. ``Emerging Threats: Assessing Nuclear Weapons Complex Facility
Security,'' June 24, 2003; Serial No. 108-62
a. Summary.--The purpose of the hearing was to examine the
adequacy of security at nuclear weapon facilities within the
Department of Energy [DOE]. Discussion centered on recent
efforts to update the fundamental security doctrine at nuclear
weapons facilities--the design basis threat. Participants in
the forum differed on the rigor of the effort and on the
soundness of inspections and force-on-force threat.
Additionally, differences arose on the rigor of that effort and
on the soundness of inspections and force-on-force exercises to
assess facility safeguards. A closed session followed to
discuss classified matters dealing with the DBT and facility
security.
b. Witnesses.--Robin M. Nazzaro, Director, Natural
Resources and Environment, GAO; Glenn S. Podonsky, Director,
Office of Independent Oversight and Performance Assurance,
Department of Energy; Linton F. Brooks, Administrator, National
Nuclear Security Administration, Department of Energy; Joseph
S. Mahaley, Director, Office of Security, Department of Energy;
Danielle Brian, executive director, Project on Government
Oversight; and Ronald E. Timm, president, RETA Security.
14. ``Humanitarian Assistance Following Military Operations: Overcoming
Barriers,'' July 18, 2003; Serial No. 108-88
a. Summary.--The purpose of the hearing was to examine
problems encountered by nongovernmental organizations providing
humanitarian assistance in the wake of a military conflict and
prospects for overcoming operational and political barriers.
Drawing on lessons learned in Haiti, Bosnia, Kosovo and other
locations, the discussion focused on current operations in Iraq
to determine the efficacy of current approaches there.
b. Witnesses.--Lieutenant General (Retired) Jay M. Garner,
president of SY Coleman, former Director of the Office of
Reconstruction and Humanitarian Assistance; Dr. Susan Westin,
Managing Director, International Affairs and Trade, GAO; Dr.
Joseph Collins, Deputy Assistant Secretary of Defense for
Stability Operations, Department of Defense; Richard Greene,
Principal Deputy Assistant, Bureau of Population, Refugee and
Migration, U.S. Agency for International Development; James
Kunder, Deputy Assistant Administrator for Asia and Near East,
U.S. Agency for International Development; Tammie Willcuts,
humanitarian operations specialist, Save the Children; Serge
Duss, director of public policy and advocacy, World Vision,
Inc., USA; and Pat Carey, senior vice president for programs,
CARE.
15. ``Is DOD Meeting Joint Strike Fighter [JSF] International
Cooperative Program Goals?'' July 21, 2003; Serial No. 108-94
a. Summary.--The purpose of the hearing was to determine if
international cost sharing agreements will adversely affect the
overall development and production of the Joint Strike Fighter
[JSF] and examine whether the JSF program office can mitigate
the risks associated with technology transfers to foreign
suppliers. Discussion at the hearing focused on the scope and
implications of technology transfers required to implement
international cooperative agreements and whether current laws,
regulations and management practices can accomplish the
transfers without compromising U.S. security interests.
b. Witnesses.--Katherine V. Schinasi, Director, Acquisition
and Sourcing Management, GAO; Al Volkman, Director,
Acquisition, Technology & Logistics (International
Cooperation), Department of Defense; Suzanne Patrick, Deputy
Under Secretary, Acquisition, Technology & Logistics
(Industrial Policy), Department of Defense; and Major General
John L. ``Jack'' Hudson, Program Manager, Joint Strike Fighter
[JSF] Program, Department of Defense.
16. ``Combating Terrorism: Preparing and Funding First Responders,''
September 9, 2003; Serial No. 108-111
a. Summary.--The purpose of the hearing was to review
efforts to improve domestic preparedness, focusing particularly
on the recent Council on Foreign Relations report, ``Emergency
Responders: Drastically Underfunded, Dangerously Unprepared.''
Discussion at the hearing focused on support for the Council on
Foreign Relations' findings that much more money is needed to
enhance emergency responder preparedness and that standardizing
emergency responder requirements is a necessity.
b. Witnesses.--Senator Warren B. Rudman, chairman,
Independent Task Force on Emergency Responders, Council of
Foreign Relations; Dr. Amy Smithson, Center for Strategic and
International Studies; Adrian H. Thompson, chief, DC Fire and
EMS Department, Government of the District of Columbia; and Ed
Plaugher, fire chief, county of Arlington, VA, International
Association of Fire Chiefs.
17. ``Combating Terrorism: Assessing Federal Assistance to First
Responders,'' field hearing in Stamford, CT, September 15,
2003; Serial No. 108-112
a. Summary.--The purpose of the hearing was to assess the
impact of Federal training and equipment programs on local
preparedness to deal with the consequences of a terrorist
incident, particularly one involving the use of a radiological,
chemical or biological weapon. Discussion at the hearing
focused on the role of first responders in the event of a
terrorist attack involving a weapon of mass destruction [WMD].
In addition to the hearing, there was a tabletop exercise
sponsored by the Department of Homeland Security designed to
model local response to a WMD event. In the exercise, a
chemical agent was released into the city and first responders
were asked to respond to the event. After the conclusion of the
exercise, discussion focused on the strengths and weakness of
the exercise and what was needed to help combat future
terrorist attacks.
b. Witnesses.--Dannel P. Malloy, mayor, city of Stamford,
CT; Ted Macklin, Assistant Director, Office for Domestic
Preparedness, DHS; Daniel Craig, Regional Director, DHS;
Vincent J. DeRosa, deputy commissioner, Department of Public
Safety, State of CT; and Christopher P. Bruhl, president and
CEO, Southwestern Area Commerce and Industry Association.
18. ``Strategic Workforce Planning at USAID,'' September 23, 2003;
Serial No. 108-113
a. Summary.--The purpose of the hearing was to examine
efforts of the U.S. Agency for International Development to
reshape its workforce to better meet new missions and mandates.
The hearing focused on USAID lack of a strategic workforce plan
and what affect that has on key missions in Afghanistan and
Iraq. Discussion focused on the lack of an effective plan and
described ongoing efforts to put such a plan in place and
confront other longstanding management challenges.
b. Witnesses.--John Marshall, Assistant Administrator for
Management, USAID; and Jess T. Ford, Director, International
Affairs and Trade Division, GAO.
19. ``Counterterrorism Technology: Picking Winners and Losers,''
September 29, 2003; Serial No. 108-114
a. Summary.--The purpose of the hearing was to examine the
extent to which Federal agencies are succeeding in
prioritizing, promoting, assessing and funding cutting-edge
sciences and technologies designed to counter terrorism.
b. Witnesses.--Michael A. Jakub, Director of Technical
Programs, Office of the Coordinator for Counterterrorism, U.S.
Department of State; Edward McCallum, Director, Combating
Terrorism Technology Support Office, U.S. Department of
Defense; Dr. David Bolka, Director of the HSARPA, DHS; Dr.
Gordhan Patel, president, JP Laboratories, Middlesex, NJ; Jack
Sawicki, director of business development, GEOMET Technologies,
LLC, Germantown, MD; Lee F. Sword, program manager, Military
Systems Division, iRobot Corp., Burlington, MA; Richard
Mastronardi, vice president of product management, American
Science and Engineering, Inc., Billerica, MA; Bruce deGrazia,
chairman, Homeland Security Industries Association [HSIA],
Washington, DC; Kenneth P. Ducey, president, Markland
Technologies, Inc., Ridgefield, CT; and Laurence D. Bory, vice
president, Federal Government Relations, HDR, Inc., Orlando,
FL.
20. ``Emerging Threats: Assessing DOD Control of Surplus Chemical and
Biological Equipment and Material,'' October 7, 2003; Serial
No. 108-121
a. Summary.--The purpose of the hearing was to discuss
weaknesses in Department of Defense [DOD] controls of surplus
chemical and biological [CB] equipment and material. Discussion
at the hearing focused on how serviceable, or good as new,
chemical and biological [CB] lab and protective equipment was
being sold to individuals with little or no scrutiny while
defective equipment remained in the system and was given to
first responders.
b. Witnesses.--Gregory Kutz, Director, Financial Management
and Assurance Team, GAO; Shelton Young, Director, Readiness and
Support Directorate, Office of Inspector General, U.S.
Department of Defense; Alan F. Estevez, Assistant Deputy Under
Secretary of Defense, Supply Chain Integration, Department of
Defense; Frederick N. Baillie, Executive Director, Distribution
and Reutilization Policy, Defense Logistics Agency; and Patrick
E. O'Donnell, Commander, Defense Reutilization and Marketing
Service.
21. ``Army Contract Management: Compliance with Outreach and Public
Acceptance Agreements,'' field hearing in Dayton, OH, October
22, 2003; Serial No. 108-136
a. Summary.--The purpose of the hearing was to review Army
contract and subcontract management in the chemical weapons
demilitarization program, specifically a subcontract with
Perma-Fix of Dayton Inc. (through prime contractor Parsons
Inc.) involving the treatment and disposal of VX hydrolysate,
the waste product from neutralized VX nerve agent.
b. Witnesses.--Idotha Bootsie Neal, commissioner, city of
Dayton; Angela Jones, trustee, Jefferson Township; Mary
Johnson, private citizen; Ellis Jacobs, attorney, Legal Aid
Society of Dayton; Dennis Bristow, coordinator, Dayton Regional
Hazardous Materials Team; James Brueggeman, director,
Montgomery County Sanitary Engineering Department; Dr. Louis
Centofanti, president and CEO, Perma-Fix, Incarceration;
Micheal A. Parker, Acting Director, Chemical Materials Agency,
U.S. Army; and John T. Stewart, Parsons Infrastructure &
Technology Group, Incarceration.
22. ``Assessing September 11th Health Effects: What Should Be Done?''
Field hearing in New York City, NY, October 28, 2003; Serial
No. 108-124
a. Summary.--The purpose of the hearing was to examine what
is known about the short and long term health effects of the
September 11th attack on those who worked at Ground Zero and
live there today. The hearing looked at the steps the Federal
and local government have taken to investigate any health
effects and to provide treatment for those injured from the
terrorist attacks which occurred at the World Trade Center on
September 11, 2001.
b. Witnesses.--Dr. Robin Herbert, co-director of the World
Trade Center Worker and Volunteer Medical Screen Program,
medical co-director of the Mount Sinai-Selikoff Center for
Occupational and Environmental Medicine; Commissioner Thomas R.
Frieden, New York City Department of Health and Mental Hygiene;
Dr. Michael Weiden, medical officer, New York Fire Department,
assistant professor of medicine, Pulmonary Division, New York
University Medical School; Jimmy Willis, vice chair for
Conductors, assistant to the president, Transport Workers
Union; John Graham, health and safety instructor, Carpenters
Union; David Rapp, former worker at the World Trade Center
site; Dr. Paul Gilman, Assistant Administrator for Research and
Development, EPA; Diane Porter, Deputy Director, NIOSH; and Pat
Clark, area office director for NY, NY, OSHA.
23. ``First Responder Interoperability: Can You Hear Me Now?'' Joint
hearing with the Subcommittee on Technology, Information
Policy, Intergovernmental Relations and the Census, November 6,
2003; Serial No. 108-139
a. Summary.--The purpose of the hearing was to examine the
challenges of communications interoperability for first
responders and look at Federal programs and policies in
responding to those challenges. The hearing focused on the e-
government initiative SAFECOM, the Wireless Public Safety
Interoperable Communications Program at the Department of
Homeland Security, and the role of the Federal Communications
Commission in regulating State and local first responder
spectrum allocation and licensing.
b. Witnesses.--William O. Jenkins, Jr., Director, Homeland
Security and Justice Issues, GAO; Marilyn Ward, chairman,
National Public Safety Telecommunications Council [NPSTC]
manager, Public Safety Communications Division, Orange County,
FL; Aldona Valicenti National Association of State Chief
Information Officers, NASCIO Member to PSWN/SAFECOM Chief
Information Officer, State of Kentucky; Marilyn Praisner,
councilwoman, Montgomery County, MD, chair, Telecommunity,
chair, Technology Committee, National Association of Counties
PSWN Executive Board, CAPWIN Executive Board; George Ake,
program director, Capital Wireless Integrated Network [CAPWIN];
and Vincent Stile, president, Association of Public-Safety
Communications Officials, International [APCO].
24. ``First Responder Interoperability: Can You Hear Me Now? (Federal
Perspectives),'' joint hearing with the Subcommittee on
Technology, Information Policy, Intergovernmental Relations and
the Census, November 6, 2003; Serial No. 108-139
a. Summary.--The purpose of the hearing was to examine the
challenges of communications interoperability for first
responders. Federal officials responsible for spectrum
allocation and other policies effecting interoperability
discussed ongoing efforts to link tactical communications and
share critical data in the event of a terrorist attack.
b. Witnesses.--Karen S. Evans, E-Gov/IT Director, OMB; Dr.
David Boyd, Program Manager SAFECOM, Wireless Public Safety
Interoperable Communications Program, DHS; John Morgan
Assistant Director for Science and Technology, National
Institute of Justice, AGILE; John Muleta, Chief, Wireless
Bureau, FCC; and Edmond Thomas, Chief, Office of Engineering
and Technology, FCC.
25. ``Effective Strategies Against Terrorism,'' February 3, 2004;
Serial No. 108-150
a. Summary.--Oversight of the processes used to develop and
implement multiple national strategy statements to combat
terrorism. Witnesses were asked to describe the elements of an
effective strategy, assess whether current U.S. strategic
statement possess those characteristics and analyze the extent
to which the various strategies articulate clear goals, guide
resource allocations and link to form a coordinated approach.
Testimony was received from GAO and a panel of private sector
experts.
b. Witnesses.--Randall Yim, Managing Director, Homeland
Security and Justice Team, GAO; Dr. Ilana Kass, professor of
military Strategy and Operations, National War College; Dr.
David H. McIntyre, former dean of faculty, National Defense
University; Colonel Randall J. Larsen, USAF (Retired), CEO,
Homeland Security Associates; and Frank Ciluffo, associate vice
president for homeland security, the George Washington
University.
26. ``Public Diplomacy in the Middle East,'' February 10, 2004; Serial
No. 108-153
a. Summary.--Oversight of State Department and interagency
efforts to communicate U.S. policies to broader audiences in
the Middle East. Ambassador Margaret Tutwiler, Under Secretary
of State for Public Diplomacy and Public Affairs, testified on
the range of efforts undertaken to convey U.S. policies and
interests to governments and the broader publics in the region.
Witnesses from the Broadcasting Board of Governors, the
Advisory Commission on Pubic Diplomacy, GAO, the Heritage
Foundation and others described past missteps and current
efforts to inject the U.S. voice into regional electronic media
to compete with the perceived anti-American bias of regional
outlets like Al Jaziera.
b. Witnesses.--Ambassador Margaret Tutwiler, Under
Secretary of State for Public, Diplomacy and Public Affairs,
U.S. Department of State; Kenneth Y. Tomlinson, chairman,
Broadcasting Board of Governors; Harold Pachios, chairman,
Advisory Commission on Public Diplomacy; Jess T. Ford,
Director, International Affairs and Trade, GAO; Stephen
Johnson, senior policy analyst, the Heritage Foundation; David
E. Morey, president & CEO, DMG, Inc., (& member of the Council
on Foreign Relations public diplomacy task force); and Dr.
Stephen P. Cohen, president, Institute for Middle East Peace
and Development (& member of the Advisory Group on Public
Diplomacy for the Arab and Muslim World).
27. ``Combating Terrorism: Chemical Plant Security,'' field hearing,
Moon Township, PA, February 23, 2004; Serial No. 108-156
a. Summary.--Oversight of DHS and intergovernmental efforts
to assess vulnerabilities and mitigate the risks of terrorist
attacks against chemical production, transmission and storage
facilities. DHS Assistant Secretary for Infrastructure
Protection Robert Liscouski testified on the Department's
efforts to increase and standardize voluntary, cooperative
efforts by industry and local regulators to strengthen safety
and security measures at plants producing or holding toxic and
flammable materials of interest to terrorists. State and local
officials, and industry trade association representatives,
testified on the progress made in securing chemical plants
since September 11, 2001 and the need for clearer Federal
standards to guide further progress.
b. Witnesses.--Michael Lowder, Operations Branch, Chief,
Response Division, DHS, FEMA; Chief Robert Full, chief,
Allegheny County Department of Emergency Services; Thomas
Headley, vice-chairman, Forward Township, Board of Supervisors;
Dave Sanko, director, Pennsylvania Management Agency; John
Stephenson, director of Natural Resources and Environment, GAO;
Pamela Witmer, president, Pennsylvania Chemical Industry
Council; Marty Durbin, team leader, security & operations,
senior director, Federal relations, American Chemistry Council;
and Jennifer C. Gibson, vice president, government & public
affairs, National Association of Chemical Distributor.
28. ``Nonproliferation: Assessing Missile Technology Export Controls,''
March 9, 2004; Serial No. 108-165
a. Summary.--Oversight of management of multi-agency
categorization and licensing regimes used to control the spread
of enabling technologies used in construction of unmanned
aerial vehicles and cruise missiles. Witnesses from CRS, GAO, a
think tank, Commerce, State and DOD described efforts to
coordinate and strengthen controls on sensitive technologies
and the challenges of doing so in the context of a rapidly
growing global supply and demand for UAV capabilities.
b. Witnesses.--Andrew Feickert, Specialist in National
Defense, CRS; Joseph A. Christoff, Director, International
Affairs and Trade Team, GAO; Dennis M. Gormley, senior fellow
Monterey Institute of International Studies; Matthew S. Borman,
Deputy Assistant Secretary for Export Administration,
Department of Commerce; Robert W. Maggi, Managing Director of
Defense Trade Controls, U.S. Department of State; Lt. Gen. Tome
H. Walters, Jr., USAF, Defense Security Cooperation Agency,
U.S. Department of Defense; and Lisa Bronson Deputy Under
Secretary of Defense for Technology Security Policy and
Counterproliferation, U.S. Department of Defense.
29. ``Homeland Security Advisory System: Threat Codes and Public
Responses,'' March 16, 2004; Serial No. 108-166
a. Summary.--Oversight of the homeland security advisory
system administered by DHS. Witnesses from DHS, GAO, CRS, the
American Red Cross and other private organizations discussed
the ``evolving'' color code system used by DHS. Testimony by
non-government witnesses generally agreed the current system is
inadequate in terms of informing the public about appropriate
preparedness and countermeasures when the threat level is
raised. According to one witness, the current system is only a
``threat'' alert, not a true ``warning'' system that would use
existing broadcast and emergency communication (i.e. FCC, NOAA)
capabilities to convey specific information to the public about
heightened threats and what to do about them.
b. Witnesses.--General Patrick Hughes, Assistant Secretary
for Information Analysis, DHS; Randall Yim, Managing Director,
Homeland Security and Justice Team, GAO; Shawn Reese Analyst in
American National Government, CRS; Charles D. Connor, senior
vice president, Communications & Marketing, American Red Cross;
Michael Wermuth, senior policy analyst, RAND Corp.; Dr. James
Jay Carafano, senior research fellow, Defense and Homeland
Security, Heritage Foundation; and Kenneth B. Allen, executive
director, Partnership for Public Warning.
30. ``U.S. Preparation for the World Radio Conferences: Too Little, Too
Late?'' March 17, 2004; Serial No. 108-180
a. Summary.--Oversight of the processes used to select
delegates and formulate U.S. positions for World Radio
Conferences, the intermittent international meetings at which
critical decisions are made regarding radio spectrum
allocations and other telecommunications policies. Testimony
from the Departments of State, Transportation, Commerce,
Defense, NASA, FCC and former WRC Ambassadors described an
increasingly sophisticated system of internal and bi-lateral
sessions to coordinate national and regional spectrum policies.
However, concerns were expressed whether the current system
will be adequate to meet the demand for inter-agency dispute
resolution and timely formulation of positions. One key concern
was the practice of not appointing a WRC Ambassador until 6
months before the conference, while other nations are able to
communicate at the head-of-delegation level long before that.
b. Witnesses.--Jeffrey N. Shane, Under Secretary for
Transportation Policy, U.S. Department of Transportation;
William Readdy, Associate Administrator for Space Flight, NASA;
Michael Gallagher Acting Assistant Secretary for Communications
and Information, National Telecommunications and Information
Administration, U.S. Department of Commerce; Commissioner
Kathleen Abernathy Federal Communications Commission;
Ambassador David Gross, U.S. Coordinator, International
Communications and Information Policy, U.S. Department of
State; Dr. Lin Wells, Acting Assistant Secretary for NII
(Networks and Information Integration), U.S. Department of
Defense; Dr. James Scheslinger, Center for Strategic and
International Studies; John Bryant former Congressman and U.S.
Ambassador to 1997 World Radio Conference; Gail Schoettler U.S.
Ambassador to 2000 World Radio Conference; and Janice
Obuchowski, U.S. Ambassador to 2003 World Radio Conference.
31. ``The Homeland Security Department's Plan to Consolidate and Co-
locate Regional and Field Offices: Improving Communication and
Coordination,'' joint hearing with the Subcommittee on Energy
Policy, Natural Resources and Regulatory Affairs, March 24,
2004; Serial No. 108-168
a. Summary.--Oversight of DHS implementation of Section 706
of the Homeland Security Act, authored by Representative Ose,
requiring a plan to coordinate overlapping regional and field
structures inherited from ``legacy'' units and agencies when
the new Department was created. Testimony from the DHS Deputy
Secretary for Border and Transportation Security indicated
plans and consultations were underway to reconfigure DHS units
into a truly regional system. But efforts appear hampered by
lease management issues and involvement of State and local
stakeholders seems limited.
b. Witnesses.--Asa Hutchinson, Under Secretary, Border and
Transportation Security, DHS; James Lee Witt, former
Administrator, Federal Emergency Management Agency, currently
president, James Lee Witt Associates, LLC; C. Morgan Kinghorn,
president, National Academy of Public Administration; Edward
Flynn, Secretary, Executive Office of Public Safety, State of
Massachusetts on behalf of the National Governors Association;
Karen Anderson, mayor, city of Minnetonka, MN, on behalf of the
National League of Cities; and Dr. Martin Fenstersheib, health
officer, Santa Clara County Public Health Department on behalf
of the National Association of County and City Health Officers.
32. ``Does the `Total Force' Add Up? The Impact of Health Protection
Programs on Guard and Reserve Units,'' March 30, 2004; Serial
No. 108-181
a. Summary.--Oversight of DOD force health protection
programs, instituted after the first Persian Gulf war, to
assess pre- and post-deployment health, maintain accurate
medical records and assess the impact of environmental
exposures in the field. Testimony from National Guard and
Reserve members, and their spouses, described unique
difficulties faced by Reserve Component units in accessing
post-deployment health care. The DOD Assistant Secretary for
Health Affairs and the Army Surgeon General testified on the
implementation of congressionally mandated pre- and post-
deployment medical examinations and efforts to improve in-
theater mental health and suicide prevention programs.
b. Witnesses.--First Sergeant Gerry L. Mosley, 296th
Transportation Co., Brookhaven, MS, U.S. Army Reserves;
Specialist John A. Ramsey, 32nd Army Air Missile Defense
Command, Florida National Guard; Laura Ramsey; Sergeant First
Class Scott Emde, 20th Special Forces Group, B Co., 3rd
Battalion, Virginia National Guard; Lisa Emde; Specialist
Timothi McMichael, U.S. Army Reserves, Medical Hold Unit, Fort
Knox, KY; Dr. William Winkenwerder, Assistant Secretary of
Defense for Health Affairs, U.S. Department of Defense; and
Lieutenant General James B. Peake, the Surgeon General, U.S.
Army, U.S. Department of Defense.
33. ``The Iraq Oil-For-Food Program: Starving for Accountability,''
April 21, 2004; Serial No. 108-216
a. Summary.--Oversight of U.S. participation in the United
Nations Oil-for-Food Program and efforts to investigate
allegations of sanctions violations and profiteering in the
largest-ever humanitarian program. Witnesses from the State
Department, Defense Contract Audit Agency, Department of
Treasury and private analysts--including a British advisor to
the Iraqi Governing Council--testified on allegations nations
and companies conspired with the former Iraqi regime of Saddam
Hussein to skim proceeds from U.N. sanctioned oil sales and
humanitarian purchases. GAO previously concluded more than $10
billion was siphoned from the flow of funds intended to benefit
the Iraqi population.
b. Witnesses.--Patrick F. Kennedy, U.S. Representative for
United Nations Management and Reform, U.S. Mission to the
United Nations, U.S. Department of State; Robin L. Raphel,
Coordinator, Office of Iraq Reconstruction, U.S. Department of
State; Michael J. Thibault, Deputy Director, Defense Contract
Audit Agency, U.S. Department of Defense; Jeff Ross, Senior
Advisor to the Deputy Assistant Secretary, Executive Office for
Terrorist Financing & Financial Crimes, U.S. Department of the
Treasury; Claude Hankes-Drielsma, advisor, Iraq Governing
Council, chairman, Roland Berger, Strategy Consultants; Dr.
Nimrod Raphaeli, senior analyst, the Middle East Media Research
Institute; Dr. Nile Gardiner, fellow in Anglo-American security
policy, the Heritage Foundation; Claudia Rosett, senior fellow,
Foundation for the Defense of Democracies, adjunct fellow,
Hudson Institute; and Dr. Edward C. Luck, Director, Center on
International Organization, School of International and Public
Affairs, Columbia University.
34. ``Nuclear Security: Can DOE Meet Physical Facility Security
Requirement,'' April 27, 2004; Serial No. 108-207
a. Summary.--Oversight of the National Nuclear Security
Administration and Department of Energy efforts to implement
new, enhanced physical security standards--called the design
basis threat [DBT] at the nuclear weapons facility. The weapons
``complex'' consists of a number of aging, widely dispersed
facilities that pose varying degrees of difficulty meeting
heightened, post-September 11 requirements to deny access to
special nuclear material. Witnesses from NNSA, DOE, GAO, and
the Project on Government Oversight testified on the pace and
projected cost to bring facilities up to the new DBT standards.
Consolidation of nuclear material within facilities, and
eventually into fewer facilities was strongly advocated.
b. Witnesses.--Robin M. Nazzaro, Director, Natural
Resources and Environment, GAO; Danielle Brian, Executive
Director, Project on Government Oversight; Linton F. Brooks,
Administrator, National Nuclear Security Administration,
Department of Energy; and Glenn S. Podonsky Director, Office of
Security and Safety Performance Assurance, Department of
Energy.
35. ``Combating Terrorism: Training and Equipping Reserve Component
Forces,'' May 11, 2004; Serial No. 108-211
a. Summary.--Oversight of Department of Defense management
of Reserve Component (National Guard and Reserve) units'
deployment mobilization. Reservists and National Guard members,
DOD witnesses and service advocacy organizations testified on
challenges to old RC systems and procedures posed by frequent
mobilizations and changing missions. Limited access to
equipment and training facilities can make it more difficult
for RC units to ``train as they fight'' than their active duty
counterparts. Incorporation of lessons learned from forward
areas was also an issue discussed.
b. Witnesses.--First Sergeant Gerald Neill, 323 Military
Intelligence Battalion, U.S. Army Reserve, Maryland; Staff
Sergeant Juan SanchezLopez, 2nd Battalion 23rd Marines
Reserves; Specialist Michael Tanguay, 143 Military Police Co.,
National Guard, Connecticut; Lieutenant Colonel Steve J.
Novotny, 530th Military Police Battalion, U.S. Army Reserve,
Nebraska; Dr. Andrew F. Krepinevich, Executive Director, Center
for Strategic and Budgetary Assessments, Major General
(Retired) Richard C. Alexander, president, National Guard
Association of the United States; Brigadier General Louis
Weber, Director of Training, U.S. Army; Lieutenant General
James R. Helmly, Chief of Army Reserve; Lieutenant General
Roger C. Schultz, Director of Army National Guard; and
Lieutenant General Edward Hanlon, Commandant, Marine Corps
Combat Development Command.
36. ``Examining the Status of Gulf War Research and Investigations on
Gulf War Illnesses,'' June 1, 2004; Serial No. 108-228
a. Summary.--Oversight of VA and DOD efforts in managing
the research portfolio of studies into toxic exposures and
subsequent illnesses in Gulf war veterans. Witnesses from the
GAO, VA, Research Advisory Committee, DOD, veterans advocacy
groups and others testified that promising results from
previous studies are not being followed due to a reduction in
the overall research effort. A Member of the British House of
Lords, Lord Morris of Manchester, was invited to sit with the
subcommittee based on his sustained advocacy on behalf of UK
veterans of the 191 war.
b. Witnesses.--Jim Bunker, chairman, Veteran Information
Network, Gulf War Veteran, Topeka, KS; Dr. Derek Hall, Gulf war
veteran, United Kingdom; Dr. Janet Heinrich, Director, Health
Care-Public Health Issues, GAO; Dr. Keith Rhodes, Chief General
Accounting Office Technologist, GAO; Jim Binns, chairman,
Research Advisory Committee on Gulf War Veterans Illnesses;
Steve Robinson, Executive Director, National Gulf War Resource
Center, Inc.; Dr. Jonathan B. Perlin, Acting Under Secretary
for Health and Acting Chief Research and Development Officer,
Department of Veterans Affairs; Major General Lester Martinez-
Lopez, Commanding General of U.S. Army Medical Research and
Materiel Command, Fort Detrick, MD; Dr. Robert Haley Professor
of Internal Medicine, University of Texas Southwestern Medical
Center; Dr. Rogene Henderson, Senior Scientist, Lovelace
Respiratory Research Institute; and Dr. Paul Greengard, Vincent
Astor professor and head of Laboratory of Molecular and
Cellular Neuroscience, the Rockefeller University, Nobel
Laureate in Medicine 2000.
37. ``Iraq: Winning Hearts and Minds,'' June 15, 2004; Serial No. 108-
233
a. Summary.--Oversight of U.S. policy and operations to
secure popular support for Coalition actions in Iraq. The Iraqi
diplomatic representative to the United States testified on
effective tactics, and dashed expectations, that have liberated
Iraqis but also resulted in a steady erosion of public trust in
Coalition intentions. Witnesses from the Departments of State,
DOD, the Joint Staff and USAID described efforts underway to
rebuild civil society in Iraq.
b. Witnesses.--Ambassador Rend Al-Rahim, Iraqi Interests
Section; Ambassador Ronald L. Schlicher, Deputy Assistant
Secretary, Bureau of Near Eastern Asia/Iraq, U.S. Department of
State; Peter Rodman, Assistant Secretary of Defense,
International Security Affairs, Office of Secretary of Defense;
Lieutenant General Walter L. Sharp, Director for Strategic
Plans and Policy, Joint Chiefs of Staff; Gordon West, Senior
Deputy Assistant Administrator, Bureau for Asia and the Near
East, USAID; Dr. Samer S. Shehata, Center for Contemporary Arab
Studies, Georgetown University; Richard Galen, former director,
strategic media, Coalition Provisional Authority; and Danielle
Pletka, vice president, foreign and defense policy studies,
American Enterprise Institute.
38. ``Nuclear Security: Can DOE Meet Facility Security Requirements?''
June 22, 2004; Serial No. 108-237
a. Summary.--Continuing the subcommittee's oversight of
physical security upgrades at DOE nuclear complex sites,
witnesses from GAO and DOE described efforts to assess security
needs at so-called ``environmental management'' sites
containing special nuclear materials. These sites are not part
of the active weapons complex, and some are scheduled to be
decommissioned altogether. As a result, weighing the costs and
benefits of expensive security enhancements called for by the
new design basis threat can be challenging.
b. Witnesses.--Robin M. Nazzaro, Director, Natural
Resources and Environment, GAO; Danielle Brian, executive
director, Project on Government Oversight; David Garman, Under
Secretary, Office of Energy, Science, and the Environment, U.S.
Department of Energy; and Glenn S. Podonsky, Director, Office
of Security and Safety Performance Assurance, U.S. Department
of Energy.
39. ``Business Process Modernization at the Department of Defense,''
joint hearing with Subcommittee on Government Efficiency and
Financial Management, July 7, 2004; Serial No. 108-229
a. Summary.--Oversight of ongoing DOD efforts to identify,
consolidate and eliminate legacy information technology systems
and migrate key business management functions to an enterprise
architecture environment. Witnesses from DOD and GAO described
progress to date and identified barriers that require
sustained, high-level attention and dedicated resources.
b. Witnesses.--Lawrence Lanzilotta, Under Secretary of
Defense, Comptroller (Acting); and Greg Kutz, Director of
Financial Management and Assurance, GAO.
40. ``Visa Revocations II: Still Porous, Slow to Fix,'' July 13, 2004;
Serial No. 108-253
a. Summary.--Oversight of State Department and DHS efforts
to fix problems noted previously by GAO and the subcommittee in
coordinating visa revocations so that persons denied visas on
terrorism grounds do not enter the United States. GAO testified
that information sharing problems noted 6 months ago persist so
that visa revocation information does not get where it is
needed in time to stop entry of the alien. And, once an alien
enters the United States on a revoked visa, it is still not
clear who, if anyone, is responsible to find the alien and
determine if he/she should be removed. Interagency discussions
on a regulation change to make the visa revocation instrument
effective upon issuance, not only after the alien leaves the
United States, bogged down.
b. Witnesses.--Jess T. Ford, Director, International
Affairs and Trade Division, GAO; Janice Jacobs, Deputy
Assistant Secretary for Visa Services, U.S. Department of
State; Robert M. Jacksta, Executive Director, Border Security
and Facilitation, Bureau of Customs and Border Protection DHS;
Robert A. Schoch, Deputy Assistant Director, National Security
Investigations Bureau of Immigration and Customs Enforcement,
DHS; and Donna A. Bucella Director, Terrorist Screening Center,
Federal Bureau of Investigation, U.S. Department of Justice.
41. ``Public Safety Interoperability: Look Who's Talking Now,'' July
20, 2004; Serial No. 108-257
a. Summary.--Oversight of Federal efforts to improve public
safety communications interoperability, specifically wireless
voice and data systems. Witnesses from GAO, DHS, FCC and State
and local public safety agencies testified on slow FCC
decisionmaking on spectrum allocation issues affecting local
jurisdictions and limited success of the DHS SAFECOM program to
focus short and long-term interoperability efforts across so
many jurisdictions.
b. Witnesses.--William Jenkins, Jr., Director, Homeland
Security and Justice Issues, GAO; Dr. David Boyd, Program
Manager, SAFECOM, DHS; John Muleta, chief, Wireless
Telecommunications Bureau, FCC; Stephen T. Devine, Patrol
Frequency Coordinator Communications Division, Missouri State
Highway Patrol General Headquarters; Glen S. Nash
Telecommunications Division, California Department of General
Services; Hanford Tomas, director, New York Statewide Wireless
Interoperability Network; William Gardner, radio shop
supervisor, Suffolk County, New York Police Headquarters; and
Dr. Glenn Corbett, Department of Public Management, John Jay
College of Criminal Justice City University of New York.
42. ``Homeland Security: Surveillance and Monitoring of Explosive
Storage Facilities,'' field hearing, San Mateo, CA, August 2,
2004; Serial No. 108-259
a. Summary.--Oversight of DHS Bureau of Alcohol, Tobacco
and Firearms management of safety and security standards
applicable to ammunition magazines and other storage facilities
used by Federal, State and local law enforcement. The theft of
high explosives from a joint Federal/local ammunition bunker
raised questions about the adequacy of security standards
applied to government facilities. Private facilities must be
inspected by AFT. Government compliance with security and
inspection requirements if voluntary.
b. Witnesses.--Walfred A. Nelson, Deputy Assistant
Director, Enforcement Programs and Services Division, the
Bureau of Alcohol, Tobacco and Firearms, U.S. Department of
Justice; Michael Gulledge, Director, Office of Evaluation and
Inspections Division, Office of the Inspector General, U.S.
Department of Justice; Don Horsley, county sheriff, San Mateo
County Sheriff's Office, State of California; Heather Fong,
chief of police, San Francisco Police Department, city of San
Francisco, CA; Scott MacGregor, assistant chief, California
Highway Patrol, California Department of Justice, Sacramento,
CA; Mark Church, president, San Mateo County Board of
Supervisors, State of California; and Michael Nevin,
supervisor.
43. ``The 9/11 Commission Recommendations on Public Diplomacy:
Defending Ideals and Defining the Message,'' August 23, 2004;
Serial No. 108-261
a. Summary.--Oversight of 9/11 Commission recommendations
to improve U.S. information and exchange programs to foreign
publics, particularly increasingly hostile publics in the Arab
and Muslim world. Commission Chairman Thomas Kean and
Commission member Jamie Gorelick testified on the importance of
augmenting both the quality and quantity of one-on-one advocacy
of American policies and ideals, (such as exchange programs,
speakers bureaus and conferences) but increasing the reach and
effectiveness of mass media broadcasting as well. Some
witnesses advocated one approach over the other.
b. Witnesses.--Governor Thomas H. Kean, Chair, National
Commission on Terrorist Attacks Upon the United States, (the 9/
11 Commission); Jamie S. Gorelick, Commissioner, National
Commission on Terrorist Attacks Upon the United States (the 9/
11 Commission); Patricia de Stacy Harrison, Acting Under
Secretary of State for Public Diplomacy and Public Affairs,
U.S. Department of State; Kenneth Y. Tomlinson, chairman,
Broadcasting Board of Governors; Charles ``Tre'' Evers III,
commissioner, Advisory Commission on Public Diplomacy; Jess T.
Ford, Director, International Affairs and Trade, GAO; Keith
Reinhard, president, Business for Diplomatic Action, chariman,
DDB Worldwide; Charlotte Beers, former Under Secretary of State
for Public Diplomacy and Public Affairs, U.S. Department of
State; Dr. Rhonda S. Zaharna, associate professor of public
communication, American University; and Hafez Al-Mirazi, bureau
chief, Al Jazeera, Washington Office.
44. ``Too Many Secrets: Overclassification as a Barrier to Critical
Information Sharing,'' August 24, 2004; Serial No. 108-263
a. Summary.--Oversight of classification and
declassification policies in view of the 9/11 Commission
finding that too much classification, and too little
declassification, impedes the more robust forms of information
sharing needed to fight terrorism effectively. Testimony from
the National Archives' Information Security Oversight Office,
DOD and others pointed to institutional and cultural incentives
that sustain a ``when in doubt, classify!'' system. Estimates
of the extent of overclassification ranged from 10 to 90
percent of the 14 million documents marked ``Confidential''
``Secret'' or ``Top Secret'' in 2003. Witnesses suggested
standardized training on classification and declassification
criteria and procedures, and leadership from Department heads,
could largely correct the problem. It was also suggested that
the Public Interest Declassification Board, created in the 2002
Intelligence Authorization bill but never populated with
executive or legislative appointments, should be extended and
made operational.
b. Witnesses.--William Leonard, Director, Information
Security Oversight Office, National Archives and Records
Administration; Carol Haave, U.S. Department of Defense, Office
of the Undersecretary of Defense for Intelligence; Steven
Aftergood, Federation of American Scientists; and William P.
Crowell, the Markle Foundation Task Force on National Security
in the Information.
45. ``Assessing September 11th Health Effects,'' September 8, 2004
a. Summary.--Oversight of Federal efforts to assess,
diagnose and treat symptoms and syndromes resulting from post-
September 11 environmental exposures and psychological trauma.
This was a follow-up to the subcommittee's initial hearing on
this topic held in New York City in May. Federal and State
medical officials testified on efforts to monitor health of
first responders and others present at Ground Zero in the
aftermath of the September 11 attack. Witnesses representing
local response workers questioned the design and operation of
health registries and whether support for long-term health
monitoring was sufficient.
b. Witnesses.--Dr. John Howard, Director, National
Institute for Occupational Safety and Health [NIOSH]; Dr. Janet
Heinrich, Director, Health Care-Public Health Issues, GAO;
Robert E. Robertson, Director, Education, Workforce and Income
Security, GAO; Dr. Stephen M. Levin, M.D., co-director of the
World Trade Center Worker and Volunteer Medical Screening
Program, medical director of the Mount Sinai-Selikoff Center
for Occupational and Environmental Medicine; Dr. Michael
Lonski, director of training and program development, Life
Matters; Dr. James Melius, administrator, NY State Laborers
Health and Safety Fund; Stan Mark, esq., program director,
Asian American Legal Defense and Education Fund; and Micki
Siegel de Hernandez, health and safety director, Communications
Workers of America [CWA].
46. ``Homeland Security: Monitoring Nuclear Power Plant Security,''
September 14, 2004; Serial No. 108-265
a. Summary.--Oversight of post-September 11 efforts to
enhance physical security standards at civilian nuclear power
facilities. Like DOE nuclear facilities, Nuclear Regulatory
Commission [NRC] regulated facilities must meet a more
stringent security standard, called a ``design basis threat,''
that reflects the level risk posed by terrorism. Witnesses from
the NRC and GAO described efforts to bring plant operators into
compliance with more stringent security requirements. Other
witnesses questioned whether NRC was moving aggressively
enough.
b. Witnesses.--Luis A. Reyes, Executive Director of
Operations, Nuclear Regulatory Commission; Jim Wells, Director,
Natural Resources and Environment, GAO; Alex Matthiessen,
director, Hudson riverkeeper, Garrison, NY; David Lochbaum,
Union of Concerned Scientists, Washington, DC; and Marvin
Fertel, vice president and chief nuclear officer, Nuclear
Energy Institute, Washington, DC.
47. ``Combating Terrorism: The 9/11 Commission Recommendations and the
National Strategies,'' September 22, 2004; Serial No. 108-271
a. Summary.--Oversight to assess the recommendations of the
9/11 Commission as they relate to the goals, objectives and
initiatives of the national strategies to combat terrorism and
homeland security. Commissioners Slade Gordon and Richard Ben-
Veniste, GAO, CRS and an analyst from the Rand Corp. concluded
U.S. strategic statements already reflect many Commission
recommendations. However, based on 9/11 Commission findings,
strategies should be refined regarding the nature of the
threat--Islamist terrorists versus any notional ``war on
terror''--and a much greater focus on public diplomacy and
other ``soft power'' means to address the ideological drivers
of global jihadists.
b. Witnesses.--Slade Gorton, member, National Commission on
Terrorist Attacks Upon the United States; Richard Ben-Veniste,
member, National Commission on Terrorist Attacks Upon the
United States; Norman Rabkin, Managing Director, Homeland
Security and Justice Team, GAO; Raphael Perl, Senior Policy
Analyst, Congressional Research Service; and John V. Parachini,
senior policy analyst, RAND Corp.
48. ``The U.N. Oil for Food Program: Cash Cow Meets Paper Tiger,''
October 5, 2004
a. Summary.--The purpose of the subcommittee's second
hearing on the U.N. Oil for Food Program was to continue
examination of the U.S. role in the scandal-plagued
humanitarian program. A failure of U.N. oversight, and an
erroneous assumption that commercial safeguards would protect
the program from manipulation, resulted in the Iraqi regime
being able to divert billions from the program. U.N.
contractors retained to finance and monitor oil sales and
commodity purchases by Iraq testified on the limited
authorities they had to police program transactions, despite
persistent public reports of surcharges and kickbacks
benefiting Saddam's regime.
b. Witnesses.--Ambassador Patrick F. Kennedy, U.S.
Representative to the United Nations for U.N. Management and
Reform, U.S. Mission to the U.N., U.S. Department of State;
David L. Smith, director, corporate banking operations, BNP
Paribas; Peter W.G. Boks, managing director, Saybolt
International B.V.; and Andre E. Pruniaux, senior vice
president, Africa & Middle East Cotecna Inspection S.A.
SUBCOMMITTEE ON TECHNOLOGY, INFORMATION POLICY, INTERGOVERNMENTAL
RELATIONS AND THE CENSUS
Summary of Legislative Activities
H.R. 3478
During 2003, Chairman Putnam introduced H.R. 3478, the
National Archives and Records Administration Act of 2003. It
passed the House and the Senate this session. The act improves
the efficiency of operations by the National Archives and
Records Administration [NARA] in the following manner:
LProviding for the extension of Federal
records retention periods by regulation
LAllow for the creation of a revolving fund to
be used for the purchase and care of uniforms for
certain records center employees
LEstablishes the authority to charge fees for
the public use of space in archival facilities and
Presidential libraries owned, operated, or controlled
by NARA
LCreates the authority to enter into
cooperative agreements with State and local
governments, as well as educational institutions or
private non-profit organizations to further NARA
programs and to support NARA's community outreach
mission.
Additionally, this legislation reauthorizes appropriations
through fiscal year 2009 for the National Historical
Publications to Records Commission (NHPRC). This has been the
8th passage of this legislation since 1964. The NHPRC's mandate
is to look outward, to provide assistance to non-Federal
agencies, institutions and individuals committed to the
preservation and use of American documentary resources. The
NHPRC remains today the only grantmaking organization, public
or private, in the Nation whose only focus is the preservation
of and increased access to American historical documentation,
in its myriad forms and formats--whether it be quill pen or
computer.
H.R. 4570
The subcommittee's Chairman Adam Putnam (R-FL) introduced
this legislation with co-sponsorship from the chairman of the
Committee on Government Reform, Tom Davis (R-VA). The Clinger-
Cohen Act of 1996 affirmatively acknowledged the importance of
information technology investment management in the Federal
Government. H.R. 4570 amends and updates the Clinger-Cohen Act,
to explicitly identify information security as a required
element of the information technology investment management
oversight and decisionmaking process within every agency of the
Federal Government. The language of H.R. 4570 passed the House
of Representatives as section 5031 of H.R. 10, the 9/11
Recommendations Implementation Act. The language of H.R. 4570
also passed the Senate as amendment 3727 to S. 2845, the
National Intelligence Reform Act of 2004. At the time of the
writing of this report, H.R. 10 and S. 2845 were in conference
to resolve the differences between the two pieces of
legislation.
Summary of Oversight Activities
1. Biometrics/Smart Cards
In accordance with the President's vision of a more
responsive and cost-effective government, GAO reports that
Federal agencies continue to move toward integrated agency-wide
initiatives that use smart cards as identity credentials that
agency employees can use to gain both physical access to
facilities and logical access to computer systems and networks,
thus enhancing overall security. GAO also indicated in the
report that even stronger authentication can and will be
achieved by using smart cards in conjunction with biometrics,
passwords, and public key infrastructure.
In the GAO report titled, ``Electronic Government; Federal
Agencies continue to Invest in Smart Card Technology,'' the GAO
identifies a total of 24 projects, of which 16 projects
reported that they are in planning, pilot, or operational
phases and are intended to support a variety of uses. In
January 2003, it was reported that there were some 52 various
project at some phase of concept, design, development or
implementation. As a result of congressional oversight, a new
examination produced opportunities for consolidation and
integration of projects and resulted in 28 projects being
discontinued and absorbed into other smart card projects or
deemed no longer feasible.
The Federal Government's adoption of smart card technology
is advancing with a number of agencies purchasing smart cards
under the GSA's Smart Card Access Common ID contracting vehicle
that promises to help reduce the cost and ensure that vendors
incorporate interoperability specifications. The subcommittee
is dedicated to continuing its oversight of Smart Card projects
to ensure the appropriate application of this technology to
achieve greater security for Federal agencies and Federal
employees.
2. Cyber Security
The subcommittee aggressively pursued oversight of the
issue of cyber security in the 108th Congress. The subcommittee
tackled cyber security from a variety of angles including
looking at: the security precautions undertaken by both the
Federal Government and the private sector; the threats to
computers and information systems that are connected to the
Internet; the Federal and private efforts to educate computer
users about online threats; and the attempts to improve the
security and quality of software and hardware products. The
subcommittee has made every effort to raise the profile of this
important issue and to improve the cyber security profile of
all computer users in this Nation. Specifically, the
subcommittee held 11 oversight hearings related to cyber
security and received testimony from over 85 witnesses from a
wide variety of government agencies, companies, non-profits,
and academic organizations. Throughout these hearings, the
message was clear that: the threats to this Nation's computer
systems from viruses, worms, hackers, and others who wish us
harm is very real; the vulnerabilities in our systems are
extensive; and that there can be no delay from the public or
private sectors in taking immediate steps to improve cyber
security.
In addition to the subcommittee's hearings, Chairman Putnam
issued a computer security report card grading the 24 largest
department and agencies in the Federal Government. Furthermore,
the subcommittee made several requests to the Government
Accountability Office on the topic of information security,
including requesting examinations of technologies to secure
Federal systems, technologies to secure the Nation's critical
infrastructure, and the effectiveness of risk management
processes designed to protect Federal information systems.
Finally, the subcommittee frequently engaged in dialog with the
private sector about the potential solutions to the cyber
security challenges facing this Nation.
3. E-Government
The subcommittee continued its stringent oversight of the
Federal Government in its efforts to implement the 25 E-
Government initiatives described in the President's management
agenda, both to measure the progress of those efforts and to
keep Federal Government agencies and decisionmakers
aggressively focused on meeting the key goals of the E-
Government Act of 2002. Specifically, those goals are: greater
accessibility to government by citizens and businesses;
improving government efficiency and productivity; enhancing
customer service; facilitating cross-agency coordination; and
tangible cost savings to taxpayers through use of 21st century
technology and proven ``best practices'' throughout the Federal
Government.
In addition to the subcommittee's five hearings focused on
specific E-Government initiatives, the subcommittee made a
number of requests to the Government Accountability Office for
studies on specific E-Government initiatives, the Federal
Enterprise Architecture effort, Information Technology budget
submissions to the Office of Management and Budget, and
Information Technology funding and spending.
The subcommittee also carried out its oversight
responsibilities by continually meeting with the Office of
Management and Budget, the Government Accountability Office,
and numerous Federal agencies about the progress of various E-
Government projects. Further, the subcommittee staff engaged in
outreach to the private sector and, where applicable, to State
and local government officials to remain apprised of changes in
technology, emerging and evolving impediments to the
implementation of particular E-Government goals, and to learn
from success stories reagding such obstacles.
4. E-Records Management
Federal agencies are producing millions of records each
year and are struggling to manage them. National Archives and
Records Administration [NARA], since 1997, has been working on
the solution--the Electronic Records Archives [ERA] system.
However barriers exist. E-records are not being used as
business assets for the agencies therefore information is not
being shared as much as it can be across government and within
agencies. Also, agencies do not provide the tools and training
that are needed. A successful ERA program will support
preserving records over time and support sharing, utilizing and
access to information across business domains and across space.
NARA has been working on additional transfer guidance formats
for permanent records to come to the archives. NARA has also
issued guidance for digital photography, geospatial information
systems, Web records and the second guidance in their
enterprise-wide electronic-records management initiative.
5. Information Sharing
An interagency effort taken into serious consideration by
the subcommittee during second session was information sharing.
The September attacks highlighted the increasing risk of
terrorism on U.S. soil. Consequently, Federal, State and local
governments recognized an urgent need to effectively unify
their efforts to enhance homeland security by employing the
unique contribution that each level of government can make on
the basis of its capabilities and knowledge of its own
environment.
Efforts and progress achieved by agencies in developing
secure, reliable, and interoperable information-sharing
networks has aided in facilitating a comprehensive and real-
time information-sharing capability that is dependable and can
respect privacy provisions. The Federal terrorists watch lists
are important tools that are used by Federal agencies to help
secure our Nation's borders. Nine Federal agencies, which
before the establishment of DHS spanned five different cabinet-
level departments, currently maintain 12 terrorist and criminal
watch lists. These lists are also used by at least 50 Federal,
State, and local agencies.
The technological constraints caused by different system
architectures that impede the sharing of different agencies'
watch lists illustrate the widespread lack of interoperability
of many Federal Government information systems. Differences in
agencies' cultures have been and remain one of the principal
impediments to integrating and sharing information from watch
lists and other information. With the threat environment that
exists in the world today, it is increasingly important that
cross-agency and intergovernmental collaboration is effective
and efficient. Accordingly, the subcommittee continues to
explore progress and obstacles to achieving the most successful
implementation of a national strategy for information sharing
related to law enforcement and homeland security.
Business Meetings
1. June 11, 2003, A Citizen's Guide on Using the Freedom of Information
Act and the Privacy Act of 1974 to Request Government Records
This was a business meeting to mark-up the yearly update to
the referenced Guide. The purpose of the business meeting was
to provide subcommittee members the opportunity to review,
comment and approve recommended updates to the Citizen's Guide
to using FOIA and the Privacy Act and report the 2003 edition
to the full committee.
2. November 19, 2003, National Archives and Records Administration
Efficiency Act of 2003
This was a business meeting of the subcommittee to review
and mark-up the National Archives and Records Administration
Efficiency Act of 2003. The subcommittee approved H.R. 3478 on
a voice vote and reported the bill to the full Government
Reform Committee.
Hearings
1. ``Federal E-Government Initiatives: Are We Headed in the Right
Direction?'' March 13, 2003; Serial No. 108-6
a. Summary.--This hearing provided an examination of the
progress and impediments to timely implementation of the
Federal E-Government Act of 2002, and the 24 initiatives
specifically contained within the Act.
b. Witnesses.--Mark A. Forman, Associate Director,
Information Technology and Electronic Government, Office of
Management and Budget; Joel C. Willemssen, Managing Director,
Information Technology, U.S General Accounting Office; Patricia
McGinnis, president and CEO, the Council for Excellence in
Government; and Leonard M. Pomata, president, webMethods
Government.
2. ``Data Mining: Current Applications and Future Possibilities,''
March 25, 2003; Serial No. 108-11
a. Summary.--This hearing established a baseline of
information regarding the process of data mining and the
associated technologies utilized to accomplish the analytical
evaluation. Data mining facilitates the ability to sort through
masses of information through database exploration, in an
effort to identify patterns and trends of activity and
behavior.
b. Witnesses.--State Senator Paula Dockery, majority whip,
Florida State Senate; Dr. Jen Que Louie, president, Nautilus
System, Inc.; Mark A. Forman, Associate Director, Information
Technology and Electronic Government, Office of Management and
Budget; Gregory Kutz, Director, Financial Management &
Assurance, U.S. General Accounting Office; and Jeffrey Rosen,
Director, Financial Management & Insurance, U.S. General
Accounting Office.
3. ``Strengthening Oversight of DOD Business Systems Modernization,''
joint hearing with the Subcommittee on National Security,
Emerging Threats and International Relations, March 31, 2003;
Serial No. 108-44
a. Summary.--This oversight hearing examined and evaluated
the effectiveness of DOD management and oversight of Defense
Financial and Accounting Service [DFAS] information technology
investments and business systems modernization.
b. Witnesses.--Randolph Hite, Director, Information
Technology Architecture and Systems Issues, General Accounting
Office; Gregory Kutz, Director, Financial Management &
Assurance, U.S. General Accounting Office; Darby Smith,
Assistant Director, Financial Management and Assurance, General
Accounting Office; Joanne Boutelle, Deputy Chief Financial
Officer, Department of Defense; Thomas R. Bloom, Director,
Defense Finance and Accounting Service, Department of Defense;
and John R. Landon, Principle Director, C3ISR, Space and
Information Technology Programs, Office of the Assistant
Secretary of Defense for Command, Control, Communications and
Intelligence.
4. ``Cyber Security: The Challenges Facing Our Nation in Critical
Infrastructure Protection,'' April 8, 2003; Serial No. 108-13
a. Summary.--This hearing provided information and an
examination of the current issues related to cyber security and
critical infrastructure protection, both in the government and
private sector. The subcommittee received testimony from GAO,
OMB, university experts, department CIO's, and private sector
coordinators.
b. Witnesses.--Richard Clarke, former special advisor to
the President for Cyber Security; Michael A. Vatis, director,
Institute for Security Technology Studies at Dartmouth College,
chairman, Institute for Information Infrastructure Protection;
Mark A. Forman, Associate Director, Information Technology and
Electronic Government, Office of Management and Budget; Robert
F. Dacey, Director, Information Security Issues, U.S. General
Accounting Office; Thomas Pike, Chief Information Officer,
Department of Commerce; and Rhonda MacLean, senior vice
president and director of corporate information security for
Bank of America, sector coordinator for the Financial Services
Industry Public/Private Partnership on Critical Infrastructure
Protection and Homeland Security.
5. ``Federal Grants Management: A Progress Report on Streamlining and
Simplifying the Federal Grants Process,'' April 29, 2003;
Serial No. 108-53
a. Summary.--This hearing provided an examination of the
process by which State and local governments, Universities, and
non-profit organizations determine eligibility for Federal
grants, how they apply, and how they receive grants once
awarded. The hearing also focused on the E-Grants initiative of
the Federal E-Government Act of 2002, and the key reforms
intended to simplify and streamline the Federal grants process,
including the progress and impediments to timely implementation
of the Federal Financial Assistance Management Act of 1999.
b. Witnesses.--Linda M. Springer, Controller, Office of
Federal Financial Management, Office of Management and Budget;
Dr. Ed Sontag, Assistant Secretary for Administration and
Management, U.S. Department of Health and Human Services, Lead
Agency for E-Grants Initiative and Public Law 106-107
Compliance; Paul Posner, Managing Director, Federal Budget
Government and Intergovernmental Relations, U.S. General
Accounting Office; Karen M. Miller, president-elect, National
Association of Counties, commissioner, Boone County, MO; Marvin
G. Parnes, executive director of research administration,
University of Michigan; and Kathy Crosby, director of workforce
development, Goodwill Industries International, Inc.
6. ``Can the Use of Factual Data Analysis Strengthen National Security?
Part One,'' May 6, 2003; Serial No. 108-72
a. Summary.--This hearing examined the use of factual data
analysis techniques, processes, and results in the context of
several Federal programs being implemented by agencies
responsible for law enforcement and homeland security.
b. Witnesses.--Steve McCraw, Assistant Director, Office of
Intelligence, Federal Bureau of Investigation; Admiral James L.
Loy, Director, Transportation Security Administration; and Dr.
Anthony Tether, Director, Defense Advanced Research Projects
Agency.
7. ``The American Community Survey: The Challenges of Eliminating the
Long Form from the 2010 Census,'' May 13, 2003; Serial No. 108-
97
a. Summary.--This hearing further explored the
implementation of the American Community Survey as a
replacement, and the corresponding challenges to eliminating
the Long Form from the 2010 Census program. A further goal of
the hearing was to continue the information gathering process
as Congress endeavors to make a final determination on full
funding for the ACS in the fall.
b. Witnesses.--Kathleen Cooper, Undersecretary for Economic
Affairs, U.S Department of Commerce; C. Louis Kincannon,
Director, U.S. Census Bureau; Thomas Reardon, executive
director, Fulton County Partnership, McConnellsburg, PA; Dr.
Joseph Salvo, director population division, NYC Department of
City Planning; and Joan Naymark, Director Research and
Planning, Target Corp., testifying on behalf of the U.S.
Chamber of Commerce.
8. ``Can the Use of Factual Data Analysis Strengthen National Security?
Part Two,'' May 20, 2003; Serial No. 108-98
a. Summary.--This hearing continued the discussion and
examination of the techniques and processes of factual data
analysis, specifically focusing on the issues related to
Constitutional and privacy concerns. This is the third hearing
on this subject matter, and witnesses at this hearing included
representation from organizations who speak to the specific
areas of focus.
b. Witnesses.--Paul Rosenzweig, senior legal research
fellow, Center for Legal and Judicial Studies, the Heritage
Foundation; Barry Steinhardt, director, Technology and Liberty
Program, American Civil Liberties Union; and John Cohen, co-
founder, president and CEO PSCom LLC, Inc.
9. ``Geospatial Information: A Progress Report on Improving Our
Nation's Map-Related Data Infrastructure,'' June 10, 2003;
Serial No. 108-99
a. Summary.--This hearing explored the progress being made
by the Federal Government to consolidate and improve
utilization of the masses of geospatial data being collected by
departments and agencies across the Federal Government and by
State and local governments. In most cases, information is
collected in different formats and standards for one specific
mission, with little attention to subsequent intergovernmental
data sharing. This produces wasteful redundancies and will be
examined in the context of the Geospatial One-Stop Initiative,
one of the Federal Government E-Government projects.
b. Witnesses.-- Mark A. Forman, Associate Director,
Information Technology and Electronic Government, Office of
Management and Budget; Scott J. Cameron, Deputy Assistant
Secretary, Performance and Management, Department of Interior,
chairman, Geospatial One-Stop Board of Directors; Linda D.
Koontz, Director, Information Management, U.S. General
Accounting Office; Susan W. Kalweit, Chairman, Interagency
Geospatial Preparedness Team, FEMA [DHS], Former Deputy Chief,
NIMA North America and Homeland Security Division; Gene Trobia,
president, National States Geographic Information Council
[NSGIC]; Jack Dangermond, president and founder, ESRI, Inc.;
and G. Michael Ritchie, P.E., L.S., C.P., president, Management
Association for Private Photogrammetric Surveyors [MAPPS].
10. ``Cyber Security: The Status of Information Security and the
Effects of the Federal Information Security Management Act
[FISMA] at Federal Agencies,'' June 24, 2003; Serial No. 108-
100
a. Summary.--This hearing explored the actions undertaken
by Federal agencies to make their information networks secure
and to comply with the requirements of the Federal Information
Security Management Act [FISMA] that was part of the E-
Government Act of 2002. The results of the May 2003 Government
Information Security Reform Act [GISRA] were discussed, as well
as the measures taken to assure the Congress and the American
people that appropriate steps are being taken under GISRA, and
now FISMA. Witnesses include GAO, OMB and representatives of
various agencies.
b. Witnesses.--Mark A. Forman, Associate Director,
Information Technology and Electronic Government, Office of
Management and Budget; Robert F. Dacey, Director, Information
Security Issues, U.S. General Accounting Office; Johnnie E.
Frazier, Inspector General Department of Commerce; Robert W.
Cobb, Inspector General National Aeronautics and Space
Administration; Scott Charbo, Chief Information Officer,
Department of Agriculture; Drew Ladner, Chief Information
Officer, Department of Treasury; and Bruce Morrison, Acting
Chief Information Officer, Department of State.
11. ``Federal Electronic Records Management: What is the Plan? What is
our Progress?'' July 8, 2003; Serial No. 108-132
a. Summary.--This hearing reviewed the efforts and progress
that Federal agencies have made in developing and executing
strategies for electronic records management and archiving. The
National Archives and Records Administration has the
responsibility to provide guidance and oversight to Federal
agencies regarding their records management strategies. This
issue is examined in that context as well as the Federal
Records Act and the Electronic Records Management initiative of
the E-Government Act of 2002.
b. Witnesses.--John W. Carlin, Archivist of the United
States, National Archives and Records Administration; L.
Reynolds Cahoon, Chief Information Officer, NARA; Harriet
Riofrio, eRecords Management Policy and Program Lead, U.S.
Department of Defense; Linda Koontz, Director, Information
Management Issues, U.S. General Accounting Office; Timothy
Sprehe, president, Sprehe Information Management Associates;
Robert F. Nawrocki, CRM, Director, Records Management and
Imaging Services Division, Library of Virginia; Caryn Wojcik,
State Government Records Management, Michigan; and Dr. Richard
Lysakowski, director, Collaborative Electronic Notebook Systems
Association [CENSA].
12. ``Federal Information Systems Integration and Consolidation:
Maximizing Technology Investment Across Agency Boundaries,''
July 15, 2003; Serial No. 108-122
a. Summary.--This hearing examined the progress being made
by the Federal Government to modernize agency information
technology management around so-called common ``lines of
business'' that cross agency boundaries. As a result of Federal
agencies reporting more thoroughly their business cases for IT
investment and an OMB requirement that any new IT spending
definitively demonstrate conformity to the principles of the
Federal Enterprise Architecture initiative, the Federal
Government has a significant new opportunity to identify
redundancies ripe for integration and consolidation.
b. Witnesses.--Mark A. Forman, Administrator of E-
Government and Information Technology, Office of Management and
Budget; Craig A. Conway, president and chief executive officer,
PeopleSoft, Inc.; Kevin Fitzgerald; senior vice president,
Oracle Corp.; S. Daniel Johnson, executive vice president,
BearingPoint, Inc.; and Paul M. Cofoni, president, Federal
Sector, Computer Sciences Corp.
13. ``Advancements in Smart Card and Biometric Technology,'' September
9, 2003; Serial No. 108-133
a. Summary.--This hearing sought to assess the Federal
Government's progress in the implementation of smart card
technology and to further explore the current and future use of
biometrics. Smart Card technology can apply to physical
security, computer security, information storage and other
uses. This hearing was divided into two panels. The first one
discussed the progress made in the utilization of smart card
technology for identity management and authentication. The
second panel discussed the utilization of biometrics in tandem
as an additional identification and authentication tool.
b. Witnesses.--Joel Willemssen, Managing Director of IT
Management, General Accounting Office; Sandy Bates,
Commissioner of Federal Technology Services, General Services
Administration; Ken C. Scheflen, Director, Defense Manpower
Data Center, U.S. Department of Defense; Benjamin Wu, Deputy
Undersecretary of Commerce for Technology, U.S. Department of
Commerce; Keith Rhodes, Chief Technologist, General Accounting
Office; Christer Bergman, CEO, Precise Biometrics; and Daniel
Turissini, president, Operational Research Consultants, Inc.
14. ``Worm and Virus Defense: How Can We Protect the Nation's Computers
from These Serious Threats?'' September 10, 2003; Serial No.
108--123
a. Summary.--This hearing examined the issue of patch
management of computer information systems along with
associated security issues as a result of the recent increase
in the propagation of computer worms and viruses, such as
Blaster and SoBig. The increase in the sheer numbers of
computers connected to the Internet has dramatically enhanced
the impact produced by vulnerabilities in software programs and
the potential threat to the stability of the Internet and U.S.
commerce.
b. Witnesses.--Robert Dacey, Director, IT Security, General
Accounting Office; Richard Pethia, Director, CERT Coordination
Center; Lawrence Hale, Director, FedCIRC, Department of
Homeland Security; Norman Lorentz, Acting Administrator,
Electronic Government and Information Technology, Office of
Management and Budget; John Malcolm, Deputy Assistant Attorney
General, Criminal Division, Department of Justice; Gerhard
Eschelbeck, chief technology officer and vice president of
engineering, Qualys, Inc.; Christopher Wysopal, co- founder,
Organization for Internet Safety and director of research and
development, @stake, Inc.; and Ken Silva, vice president,
operations and infrastructure, VeriSign, Inc.
15. ``Exploring Common Criteria: Can it Assure that the Federal
Government Gets Needed Security in Software?'' September 17,
2003; Serial No. 108-126
a. Summary.--This hearing considered the methods by which
the Federal Government attempts to have assurance that security
features in software acquired for use by agencies of the
Federal Government will function as intended and that
information systems can actually be secured. The hearing will
focus attention on the certification process required for
software products acquired by the Department of Defense known
as Common Criteria, and whether that process is working or
needs to be modified, as well as its potential applicability to
other products.
b. Witnesses.--Edward A. Roback, Chief, Computer Security
Division, National Institute of Standards and Technology,
Department of Commerce; Michael G. Fleming, Chief, Information
Assurance Solutions Group, Information Assurance Directorate,
National Security Agency; Robert G. Gorrie, Deputy Director,
Defense-wide Information Assurance Program, Department of
Defense; J. David Thompson, director, Security Evaluation
Laboratory, Cygnacom Solutions; Mary Anne Davidson, chief
security officer, Server Technology Platforms, Oracle; Chris
Klaus, chief technology officer, Internet Security Systems,
Inc.; and Eugene Spafford, professor and director, Center for
Education and Research in Information Assurance and Security,
Purdue University.
16. ``Achieving E-Government Efficiencies at the Office of Personnel
Management,'' September 23, 2003; Serial No. 108-134
a. Summary.--This hearing focused on the progress being
made by the Federal Government to implement those key
initiatives intended to improve Federal employee recruitment,
employee training, management of payroll, management of
employee data, and employee security clearance processes. These
employee-related improvements represent 5 of the 24 major E-
Government initiatives being implemented across the Federal
Government consistent with the E-Government Act of 2002 and the
President's management agenda.
b. Witnesses.--Kay Coles James, Director, Office of
Personnel Management; Linda D. Koontz, Director, Information
Management, U.S. General Accounting Office; and Norman Enger,
E-Government Project Director, Office of Personnel Management.
17. ``Security of Industrial Control Systems in Our Nation's Critical
Infrastructure,'' closed hearing, October 1, 2003, will not be
printed
a. Summary.--This hearing explored computer security issues
and challenges presented by industrial control systems
(commonly referred to as SCADA systems) that are used as
elements of the Nation's critical infrastructure, including the
electric power grid, oil and gas pipelines, chemical plants,
telecommunications networks, and water supply systems, to name
a few. This hearing gathered information about the operation of
these systems and the threats posed by the vulnerabilities
related to the computer systems that support these critical
functions.
b. Witnesses.--Robert Dacey, Director, IT Security, General
Accounting Office; Denise Swink, Acting Director, Energy
Assurance Office, Department of Energy; Paul Skare, manager,
SCADA Development, Energy Management and Information Systems
Division, Seimens Power Transmission & Distribution, Inc.; Eric
J. Byers, professor of engineering, British Columbia Institute
of Technology; Al Rivero, chairman of the API Workgroup on
SCADA Security, Association of Oil Pipelines and American
Petroleum Institute; Terry Boss, senior vice president, safety,
operations and environment, Interstate Natural Gas Association
of America; Melton A. Huey, department head, gas supply
operations, Washington Gas; Dejan J. Sobajic, director, grid
reliability and power markets, Electric Power Research
Institute; and Lynn P. Constantini, chief information officer,
North American Electricity Reliability Council.
18. ``The IT Roadmap: An Overview of Homeland Security's Enterprise
Architecture,'' October 8, 2003; Serial No. 108-129
a. Summary.--This hearing produced an in-depth review of
the first-ever U.S. Department of Homeland Security [DHS]
Enterprise Architecture, which was scheduled for public release
in Version 1 concurrent with this oversight hearing. In
addition to the overview of the DHS EA, the hearing further
examined how the DHS ``roadmap'' is aligned with the broader
Federal Enterprise Architecture and E-Government strategy.
b. Witnesses.--Steven I. Cooper, Chief Information Officer,
U.S. Department of Homeland Security; and Karen S. Evans,
Administrator of E-Government and Information Technology,
Office of Management and Budget.
19. ``First Responder Interoperability: Can You Hear Me Now?'' Joint
hearing with the Subcommittee on National Security, Emerging
Threats and International Relations, November 6, 2003; Serial
No. 108-139
a. Summary.--This oversight hearing examined the challenges
of communications interoperability for first responders along
with the programs and policies of the Federal Government in
responding to these critical challenges. The hearing focused on
the E-Government initiative SAFECOM, the Wireless Public Safety
Interoperable Communications Program at the Department of
Homeland Security, and the role of the Federal Communications
Commission in regulating State and local first responder
spectrum allocation and licensing.
b. Witnesses.--William O. Jenkins, Jr., Director, Homeland
Security and Justice Issues, U.S. General Accounting Office;
Marilyn Ward, chairman, National Public Safety
Telecommunications Council [NPSTC], manager, Public Safety
Communications Division, Orange County, FL; Aldona Valicenti,
National Association of State Chief Information Officers,
NASCIO Member to PSWN/SAFECOM, Chief Information Officer, State
of Kentucky; Marilyn Praisner, councilwoman, Montgomery County,
MD, Chair, Telecommunity, Chair, Technology Committee, National
Association of Counties, PSWN Executive Board, CAPWIN Executive
Board; and George Ake, program director, Capital Wireless
Integrated Network [CAPWIN].
20. ``Identify, Disrupt and Dismantle: Coordinating the Government's
Attack on Terrorist Financing,'' joint field hearing with the
Subcommittee on Government Efficiency and Financial Management,
December 15, 2003; Serial No. 108-140
a. Summary.--This joint hearing was conducted at the Tampa
Port Authority in Tampa, FL and examined the Federal
Government's effort to combat money laundering and terrorist
financing activities. The hearing examined the coordinated
effort between various Federal agencies of jurisdiction,
including law enforcement, regulatory agencies, State and local
authorities, and private sector financial institutions. The
hearing further examined the use of information technology in
the achievement of efforts to identify and dismantle financing
schemes that support terrorist activities.
Additionally, the subcommittee has requested and been a co-
requestor on a series of GAO reports directly related to the
work program as established by Chairman Putnam.
Last, in an effort to become more educated and converse
with experts, Chairman Putnam and the subcommittee staff have
embarked on a couple of field trips to gather information and
share ideas with industry and academic experts, as well as
government officials.
The subcommittee visited Raymond James Financial in St.
Petersburg, FL on May 28th. The subcommittee visited Silicon
Valley and Redmond, WA from August 12-15, and visited with 12
technology companies during that trip. On December 2-3,
subcommittee staff attended and participated in the National
Cyber Security Summit in Santa Clara, CA.
b. Witnesses.--Carl Whitehead, Special Agent in Charge,
Tampa Division, Federal Bureau of Investigation; Marcy M.
Forman, Deputy Assistant Director, Financial Investigations
Division, Bureau of Immigration and Customs Enforcement,
Department of Homeland Security; Bruce A. Townsend, Deputy
Assistant Director, Office of Investigations, U.S. Secret
Service, George Glass, Director of the Office of Terrorism
Finance and Sanctions Policy, Department of State; and Lee
Jeffrey Ross, Jr., Senior Advisor, Executive Office for
Terrorist Financing & Financial Crimes, U.S Department of the
Treasury.
21. ``Federal Information Technology Investment Management, Strategic
Planning, and Performance Management: $60 Billion Reasons
Why,'' March 3, 2004; Serial No. 108-164
a. Summary.--This hearing was a continuation of the
subcommittee's congressional oversight into the Federal
Government's spending on information technology [IT]. The
subcommittee focused on the President's proposed fiscal year
2005 IT spending request of nearly $60 billion as well as on
investment management, strategic planning, and performance
measurement tools. Specifically, the subcommittee reviewed the
IT management progress arising from the Clinger-Cohen Act of
1996, the creation of a Federal Enterprise Architecture, OMB
review of agency IT business cases, effects of E-Government
initiatives, and consolidation of duplicative systems. The
subcommittee also reviewed the results of a GAO audit on the
use of certain IT strategic planning and performance
measurement practices. Finally, the subcommittee examined steps
taken by OMB in preparing its fiscal year 2005 budget
submission to enhance the security of Federal information
networks and protect the information they contain in accordance
with the Federal Information Security Management Act [FISMA].
b. Witnesses.--Clay Johnson III, Deputy Director for
Management, Office of Management and Budget; Karen S. Evans,
Administrator of E-Government and Information Technology,
Office of Management and Budget; and David A. Powner, Director,
Information Technology Management Issues, U.S. General
Accounting Office.
22. ``Phosphogypsum: Should We Just Let It Go To Waste? Parts 1 & 2,''
field hearing in Bartow, FL, March 15, 2004; Serial No. 108-191
a. Summary.--These hearings provided an examination of the
purported risks associated with the use of phosphogypsum, as
well as its environmentally safe potential uses. The first
hearing focused on the scientific research conducted and the
results found by various entities supporting a position that
phosphogypsum is not a ``waste'' as the U.S. Environmental
Protection Agency has determined. Conclusive evidence
challenging the claims that use of the product is harmful and
suggestions for specific applications were reviewed. The
witnesses spoke on what uses that phosphogypsum can serve to
industry, and the potential benefits to public taxpayers. The
second hearing examined the risks associated with phosphogypsum
as ruled by the U.S. EPA and the possible danger that continues
to grow as 30 million new tons of phosphogypsum accumulate in
the stacks located in central Florida every year.
b. Witnesses.--G. Michael Lloyd, Jr. Research Director,
Chemical Processing, Florida Institute of Phosphate Research;
Dr. Malcolm E. Sumner, agricultural and environmental
consultant, Regents' professor emeritus, University of Georgia;
Dr. Doug Chambers, executive vice president, Director of
Radioactivity and Risk Studies, SENES Consultants Limited; Dr.
Chih-Shin Shieh, Environmental Consultant, CS Environmental
Solutions; Elizabeth Cotsworth, Director of Office of Radiation
and Indoor Air, Office of Air and Radiation, U.S. Environmental
Protection Agency; Harlan Keaton, Environmental Administrator,
Bureau of Radiation Control, Florida Department of Health; and
Dick Eckenrod, Executive Director, Tampa Bay Estuary.
23. ``Information Security in the Federal Government: One Year Into the
Federal Information Security Management Act,'' March 16, 2004;
Serial No. 108-167
a. Summary.--The purpose of this hearing was to explore the
actions agencies are undertaking to make their information
systems secure, and to comply with the Federal Information
Security Management Act [FISMA]. The results of the Office of
Management and Budget's March 2004 FISMA report were discussed,
and the subcommittee examined the current state of information
security in the Federal Government.
b. Witnesses.--Robert F. Dacey, Director, Information
Security Issues, U.S. General Accounting Office; Karen Evans,
Administrator, E-Government and Information Technology, Office
of Management and Budget; Benjamin Wu, Deputy Under Secretary
for Technology, Department of Commerce; Paul Corts, Assistant
Attorney General for Administration, Department of Justice;
Jeffrey Rush, Jr., Inspector General, Department of the
Treasury; Ellis W. Merschoff, Chief Information Officer,
Nuclear Regulatory Commission; and Kerry Weems, Acting
Assistant Secretary for Budget, Technology and Finance,
Department of Health and Human Services.
24. ``Electronic Government: A Progress Report on the Successes and
Challenges of Government-wide Information Technology
Solutions,'' March 24, 2004; Serial No. 108-195
a. Summary.--This hearing was a continuation of the
subcommittee's congressional oversight into the Federal
Government's efforts to implement the 25 Quicksilver E-
Government initiatives of the President's management agenda.
The subcommittee examined the progress, success factors and
continuing hurdles facing six of the more challenging
initiatives: E-Authentication, E-Travel, E-Grants, E-
Rulemaking, E-Payroll, and Recruitment One-Stop.
b. Witnesses.--Karen S. Evans, Administrator of E-
Government and Information Technology, Office of Management and
Budget; Linda Koontz, Director, Information Management, U.S.
General Accounting Office; Martin Wagner, Associate
Administrator, Office of Government-wide Policy, U.S. General
Services Administration; M.J. Jameson, Associate Administrator,
Office of Citizen Services and Communication, U.S. General
Services Administration; Norman Enger, Director, E-Government,
Office of Personnel Management; Kim Nelson, Chief Information
Officer, Environmental Protection Agency; and George Strawn,
Chief Information Officer, Division of Grants and Agreements,
National Science Foundation.
25. ``Telecommunications and SCADA: Secure Links or Open Portals to the
Security of Our Nation's Critical Infrastructure?'' March 30,
2004; Serial No. 108-196
a. Summary.--The purpose of this hearing was to explore
computer security issues presented by communications used by
industrial controls systems (commonly referred to as SCADA
systems) that are present in much of the Nation's critical
infrastructure, including the electrical power grid, pipelines,
chemical plants, and water systems. The hearing served as an
overall introduction to SCADA systems and the nature of the
threat facing them, and provided insight on the
telecommunications that connect SCADA devices to their control
and monitoring networks.
b. Witnesses.--Robert F. Dacey, Director, Information
Security Issues, U.S. General Accounting Office; James F.
McDonnell, Director, Protective Security Division, Department
of Homeland Security; Joseph Weiss, executive consultant, KEMA,
Inc.; Dan Verton, senior writer, ComputerWorld Magazine; Gerald
S. Freese, director of enterprise information security,
American Electric Power; and Jeffrey H. Katz, enterprise IT
consultant, PSEG Services Corp.
26. ``Protecting Our Nation's Cyber Space: Educational Awareness for
the Cyber Citizen,'' April 21, 2004; Serial No. 108-209
a. Summary.--While businesses, educational institutions,
and home users enjoy the benefits of using the Internet, they
are not always adequately informed about the potential dangers
that their computer systems face if left vulnerable and
unprotected. Both the Federal Trade Commission and Department
of Homeland Security have public awareness campaigns to educate
home users, small businesses, and corporations on the potential
threats in cyber space and solutions to secure systems against
those threats. In addition, trade associations and non-profits
are working to educate their members, the corporate community,
and the public on this important issue. This hearing provided
an opportunity to evaluate the status of these efforts, their
effectiveness, and the challenges to ensuring that overall
computer security is improved in a meaningful way for the
future.
b. Witnesses.--Orson Swindle, Commissioner, Federal Trade
Commission; Amit Yoran, Director, National Cyber Security
Division, Department of Homeland Security; Larry Clinton, chief
operating officer, Internet Security Alliance; Andrew Howell,
vice president, Homeland Security, U.S. Chamber of Commerce;
Rodney Petersen, security task force coordinator, EDUCAUSE; and
Douglas Sabo, member, Board of Directors, National Cyber
Security Alliance.
27. ``Federal Enterprise Architecture: A Blueprint for Improved Federal
IT Investment Management and Cross-Agency Collabora-tion and
Information Sharing,'' May 19, 2004; Serial No. 108-227
a. Summary.--The purpose of this hearing was to investigate
the progress of the Office of Management and Budget and the
Federal agencies to develop and implement the Federal
Enterprise Architecture. The subcommittee appraised the
progress of Federal efforts, success factors, and continuing
hurdles facing various agencies and departments in integrating
their individual agency enterprise architecture with the
Federal Enterprise Architecture initiative. The results of a
2003 Government Accountability Office report on the Federal
agencies' development and use of enterprise architectures were
also explored.
b. Witnesses.--Karen S. Evans, Administrator of E-
Government and Information Technology, Office of Management and
Budget; Randolph C. Hite, Director, Information Technology
Architecture and Systems, U.S. General Accounting Office;
Daniel Matthews, Chief Information Officer, Department of
Transportation; Kim Nelson, Chief Information Officer,
Environmental Protection Agency; David McClure, vice president
for E-Government, Council for Excellence in Government;
Venkatapathi Puvvada, Unisys, Chair, Enterprise Architecture
Shared Interest Group, Industry Advisory Council; Norman E.
Lorentz, senior vice president, DigitalNet; and Raymond B.
Wells, Ph.D., Chief Technology Officer, IBM Federal, vice
president, Strategic Transformations for IBM Software Group,
Application Integration & Middleware Division [AIM], IBM Corp.
28. ``Who Might be Lurking at Your Cyber Front Door? Is Your System
Really Secure? Strategies and Technologies to Prevent, Detect
and Respond to the Growing Threat of Network Vulnerabilities,''
June 2, 2004; Serial No. 108-232
a. Summary.--At this hearing, the subcommittee examined the
challenges in managing information system vulnerabilities at
the enterprise level, including prevention, detection and
response. The subcommittee also looked at strategies to assess
and reduce the risks created by these vulnerabilities, such as
configuration and patch management; the pace of the Federal
Government's and the private sector's employment of these
strategies in securing their own systems; and how automated
tools should be employed in applying these strategies.
b. Witnesses.--Karen Evans, Administrator, E-Government and
Information Technology, Office of Management and Budget, Robert
Dacey, Director, Information Security Issues, U.S. General
Accounting Office; Amit Yoran, Director, National Cyber
Security Division, Department of Homeland Security; Dawn
Meyerriecks, Chief Technology Officer, Defense Information
Systems Agency, Department of Defense; Daniel Mehan, Assistant
Administrator for Information Services and Chief Information
Officer, Federal Aviation Administration; Dubhe Beinhorn, vice
president, Juniper Federal Systems; Scott Culp, senior security
strategist, Microsoft Corp.; Louis Rosenthal, executive vice
president, ABN AMRO Services Co., Inc.; Marc Maiffret, chief
hacking officer, eEye Digital Security; and Steve Solomon,
chief executive officer, Citadel Security Software, Inc.
29. ``Locking Your Cyber Front Door--The Challenges Facing Home Users
and Small Businesses,'' June 16, 2004; Serial No. 108-234
a. Summary.--At this hearing, the subcommittee examined the
challenges that home users and small businesses face in
protecting their computers that are connected to the Internet,
including threats from phishing, spyware, worms, viruses, etc.
Furthermore, the subcommittee explored the responsibilities of
hardware and software vendors in ensuring that their products
are more secure out of the box, with particular emphasis on the
security of operating systems, and Internet service provider's
role in helping to educate and protect their subscribers.
b. Witnesses.--Amit Yoran, Director, National Cyber
Security Division, Department of Homeland Security; J. Howard
Beales III, Director, Bureau of Consumer Protection, Federal
Trade Commission; Cheryl A. Mills, Associate Administrator,
Entrepreneurial Development, Small Business Administration; Ed
Roback, Chief, Computer Security Division, National Institute
of Standards and Technology, Department of Commerce; Phil
Reitinger, senior security strategist, Microsoft Corp.; Dr.
Avie Tevanian, Jr., Ph.D., chief software technology officer,
Apple Computer; Don Frischmann, senior vice president, Symantec
Corp., member, National Cyber Security Alliance; Thomas Dailey,
Chair and president, U.S. Internet Service Provider
Association, general counsel Verizon Online Services; and Paul
Kurtz, executive director, Cyber Security Industry Alliance.
30. ``Geospatial Information: Are We Headed in the Right Direction or
Are We Lost?'' June 23, 2004; Serial No. 108-239
a. Summary.--The hearing was a follow up to the
subcommittee oversight hearing held on June 10, 2003. The
purpose of the hearing was to examine the progress made by the
Federal Government to consolidate and improve utilization of
geospatial data collected across the Federal Government and by
State and local governments. Specifically, the subcommittee
explored the status of the Geospatial One-Stop initiative, one
of the President's key E-Government projects intended to
simplify the process of locating, accessing, sharing and
integrating geospatial information in a timely and efficient
manner. The results of a General Accounting Office study on
efforts to coordinate Federal geospatial investments across
agencies and with State and local governments were also
discussed. Finally, the subcommittee explored government and
industry efforts to develop standards for the collection and
use of geospatial information to facilitate data sharing.
b. Witnesses.--Karen S. Evans, Administrator of E-
Government and Information Technology, Office of Management and
Budget; Linda D. Koontz, Director, Information Management, U.S.
General Accounting Office; Scott J. Cameron, Deputy Assistant
Secretary for Performance and Management, U.S. Department of
the Interior; William Allder, Jr., Director, Office of
Strategic Transformation, National Geospatial-Intelligence
Agency; Zsolt Nagy, president-elect, National States Geographic
Information Council [NSGIC], geographic information
coordinator, North Carolina Department of Environment and
Natural Resources; Frederic W. Corle II, president, Spatial
Technologies Industry Association; John M. Palatiello,
executive director, Management Association for Private
Photogrammetric Surveyors; David Schell, president & CEO of the
Open GIS Consortium, executive director, Open GIS Project; and
David J. Cowen, Ph.D., Chair, Mapping Science Committee,
National Research Council, Chair, Department of Geography,
University of South Carolina.
31. ``Defining Federal Information Technology Research and Development:
Who? Where? What? Why? and How Much?'' July 7, 2004; Serial No.
108-251
a. Summary.--This hearing provided an examination of the
current strategic plan and efforts related to Federal funding
for and leveraging of information technology [IT] research and
development [R&D] across Federal agencies, academia and the
private sector. The subcommittee knew it was important to
recognize collaborative efforts across programs, agencies, and
stress the importance of leveraging efforts with academia and
the private sector (i.e. universities and private companies).
Also the subcommittee wanted assurance that Federal agencies
are not pursuing conflicting R&D goals. Because investments in
science and technology have resulted in unparalleled economic
growth, as well as the standard of living and quality of life,
this hearing emphasized the importance of supporting the
efforts of IT R&D. This Nation needs a strong strategic plan to
ensure that IT R&D is being used to maximize improvement in
mission goals and performance because it is essential to meet
vital Federal needs and sustain U.S. global leadership in
science and in the engineering of information technology.
b. Witnesses.--Dr. David Nelson, Director, National
Coordination Office for Information Technology, Research and
Development (Executive Office of the President); Dr. Peter
Freeman, Co-Chair of Interagency Working Group and Assistant
Director, Computer and Information Science and Engineering
Directorate, National Science Foundation; Dr. Hratch Semerjian,
Acting Director, National Institute of Standards and
Technology; Dr. C. Edward Oliver, Associate Director, Office of
Advanced Scientific Computing Research, U.S. Department of
Energy; Dr. Donna Fossum, manager of RaDiUS Project, RAND
Corp.; Dr. Edward Lazowska, co-chair of President's Information
Technology Advisory Committee and (Bill & Melinda Gates) Chair
in the Department of Computer Science and Engineering,
University of Washington; Dr. William Scherlis, professor,
School of Computer Science at Carnegie Mellon, (member of CMU's
International Software Research Institute); and Dr. Stephen
Squires, chief science officer, vice president, Hewlett-
Packard.
32. ``Facilitating an Enhanced Information Sharing Network That Links
Law Enforcement and Homeland Security for Federal, State, and
Local Governments,'' July 13, 2004; Serial No. 108-254
a. Summary.--This hearing addressed the initiatives and
strategies being implemented to enhance information sharing
capabilities between Federal, State and local law enforcement
agencies and homeland security activities that are central to
producing comprehensive and practical approaches and solutions
to combating threats. During this hearing, the subcommittee
examined the efforts and progress achieved in developing
secure, reliable, and interoperable information-sharing
networks that facilitate a comprehensive and real-time
information-sharing capability that is dependable and that
respects privacy provisions undertaken by DHS, Terrorist Threat
Integration Center, FBI, Regional Information Security Systems,
Florida Department of Law Enforcement, and local DC government.
The subcommittee sought a better understanding of how improved
collaboration, cooperation, and communications will enhance
improved two-way flow of information between appropriate
Federal, State and local law enforcement entities.
b. Witnesses.--Lieutenant General Patrick Hughes, Assistant
Secretary for Information Analysis, U.S. Department of Homeland
Security; Russell Travers, Deputy Director & Associate Director
for Defense Issues, Terrorist Threat Integration Center; Willie
Hulon, Deputy Assistant Director, Counterterrorism Division,
Federal Bureau of Investigation; Gerard Lynch, chairman,
Regional Information Security Systems Policy Board; Mark Zadra,
chief of investigations, Florida Department of Law Enforcement;
and Suzanne Peck, chief technology officer, Government of the
District of Columbia.
33. ``Health Informatics: What is the Prescription for Success in
Intergovernmental Information Sharing and Emergency Response?''
July 14, 2004; Serial No. 108-256
a. Summary.--The purpose of this hearing was to examine the
state of health information technology and intergovernmental
information sharing related to public health issues and
emergency response at the clinical care delivery, public
health, and consumer health levels, as well as among
governmental entities at the Federal, State, and local levels.
The subcommittee also focused on efforts to develop standards
for the collection and use of health information to facilitate
information sharing, as well as the efforts of the Federal
Government in the Consolidated Health Informatics e-government
initiative and the Public Health Information Network
administered by the Centers for Disease Control.
b. Witnesses.--Newt Gingrich, Ph.D., former Speaker of the
U.S. House of Representatives, the Gingrich Group; Karen S.
Evans, Administrator of E-Government and Information
Technology, Office of Management and Budget; David A. Powner,
Director, Information Technology Management Issues, U.S.
Government Accountability Office; Claire V. Broome, M.D.,
Senior Advisor to the Director for Integrated Health
Information Systems, Centers for Disease Control and
Prevention, U.S. Department of Health and Human Services; Seth
Foldy, M.D., former Chair, Information Technology Committee,
National Association of County and City Health Officials
[NACCHO], former Health Commissioner, city of Milwaukee,
associate clinical professor, family and community medicine,
Medical College of Wisconsin; Richard S. Weisman, Pharm.D.,
ABAT, coordinator, Weapons of Mass Destruction Response
Program, Jackson Memorial Medical Center, director, Florida
Poison Information Center/Miami, research associate professor,
Pediatrics, UM/Jackson Memorial Hospital; and Gordon Aoyagi,
fire administrator, Montgomery County Fire and Rescue Service.
34. ``The Science of Voting Machine Technology: Accuracy, Reliability
and Security,'' July 20, 2004; Serial No. 108-258
a. Summary.--This hearing examined the subject of
electronic voting systems access, utilization and the
associated issues of reliability, ease of use, efficiency,
accuracy and security. The overriding goal of voting systems is
to produce election results that are broadly accepted as
representing the will of the people. This subcommittee
addressed the issues of the maturity of the technology
available to the market today, as well as the functional
capabilities of access for the disabled community, as well as
the ability to conduct audits should that be necessary.
b. Witnesses.--Randolph Hite, Director, Information
Technology Architecture and Systems, U.S. Government
Accountability Office; Dr. Hratch Semerjian, Acting Director,
National Institute of Standards and Technology; Terry Jarrett,
general counsel, Secretary of State, State of Missouri; Dr.
Aviel Rubin, technical director, Information Security
Institute, Department of Computer Science, Johns Hopkins
University; Dr. Michael Shamos, professor, Carnegie Mellon
Director, Universal Library, co-director, Institute for e-
Commerce; Jim Adler, founder and CEO, VoteHere, Inc.; and
Sanford J. Morganstein, president and founder, Populex Corp.
35. ``Where's the CIO? The Role, Responsibility and Challenge for
Federal Chief Information Officers in IT Investment Oversight
and Information Management,'' July 21, 2004; Serial No. 108-260
a. Summary.--In an increasingly networked world with
millions of computing devices, information technology is at the
core of the successful delivery of government services. The
Clinger-Cohen Act established the position of Chief Information
Officer [CIO] as the leader of the management of information
technology in Federal agencies. Federal agencies cannot operate
efficiently and effectively without solid leadership from a CIO
that has the support of the very top levels of the agency. This
hearing gave the subcommittee members an opportunity to hear
from the administration's information technology leadership,
former CIOs, and current CIOs about this complex issue.
b. Witnesses.--Clay Johnson III, Deputy Director for
Management, Office of Management and Budget; Karen Evans,
Administrator, Office of E-Government and Information
Technology, Office of Management and Budget; David Powner,
Director, Information Technology Management Issues, U.S.
Government Accountability Office; Paul Brubaker, executive vice
president and chief marketing officer, SI International; James
Flyzik, partner, Guerra, Kiviat, Flyzik & Associates; Debra
Stouffer, vice president of strategic consulting services,
DigitalNet; Kimberly Nelson, Assistant Administrator for
Environmental Information and Chief Information Officer,
Environmental Protection Agency; Steven Cooper, Chief
Information Officer, Department of Homeland Security; Vance
Hitch, Deputy Assistant Attorney General, Information Resources
Management and Chief Information Officer, U.S. Department of
Justice; and Ira Hobbs, Deputy Assistant Secretary for
Information Systems and Chief Information Officer, Department
of the Treasury.
36. ``Project SAFECOM: More Time, More Money, More Communication? What
Progress Have We Made in Achieving Interoperable Communication
Between Local, State and Federal First Responders?'' September
8, 2004; Serial No. 108-264
a. Summary.--The purpose of this hearing was to explore the
status and progress of efforts to achieve interoperability
among Federal, State, and local first responders as well as
determining the current state of interoperability among first
responders according to State and local emergency response
personnel. Specifically, the subcommittee reviewed the progress
of Project SAFECOM, one of the President's 25 Quicksilver e-
Government initiatives, in developing policies and regulations
that encourage State and local agencies to work together to
promote and establish first responder interoperability.
b. Witnesses.--William O. Jenkins, Jr., Director, Homeland
Security and Justice Issues, U.S. Governmental Accountability
Office; David Boyd, Ph.D., SAFECOM Program Manager, Wireless
Public Safety Interoperable Communications Program, Science and
Technology Directorate, U.S. Department of Homeland Security;
Timothy L. Beres, Associate Director, State and Local Program
Management Division, Office of State and Local Government
Coordination and Preparedness, U.S. Department of Homeland
Security; John Muleta, Chief, Wireless Bureau, Federal
Communications Commission; Maureen T. Lischke, Chief
Information Officer, National Guard Bureau; Vincent R. Stile,
past president, Association of Public-Safety Communications
Officials, International [APCO] Police Radio Communications
Systems director, Suffolk, NY; Michael P. Neuhard, fire chief,
Fairfax County Fire & Rescue Department; and Tom Worden, chief,
Telecommunications Branch, California Office of Emergency
Services.
37. ``Lessons Learned from the 2004 Overseas Census Test,'' September
14, 2004; Serial No. 108-266
a. Summary.--This hearing examined the results of the test
and reviewed the GAO's report titled, ``2010 Census: Counting
Americans Overseas as Part of the Decennial Census Would Not Be
Cost-Effective.'' The 2004 Test involved enumerating the
unknown universe of U.S. citizens living in France, Kuwait, and
Mexico from Feb-July 2, 2004. GAO testified that participation
was poor; just over 5,000 questionnaires were returned from the
three test sites. The subcommittee also reviewed the important
lessons learned and the preliminary findings from the ongoing
evaluation by the Census Bureau and heard from some census
stakeholders with relevant perspectives on the test and its
challenges. GAO and the Census Bureau both agreed that this was
not worthy of further funding and development for the 2010
Census.
b. Witnesses.--Charles Louis Kincannon, Director, U.S.
Census Bureau; Patricia Dalton, Director, Strategic Issues,
U.S. Government Accountability Office; Leigh Gribble, vice
chair, American Business Council of the Gulf Countries; Lucy
Stensland Laederich, U.S. liaison, Federation of American
Women's Club Overseas, Inc.; and Clark H. Bensen, consultant
and publisher, Polidata Co.
38. ``Identity Theft: The Causes, Costs, Consequences, and Potential
Solutions,'' September 22, 2004; Serial No. 108-272
a. Summary.--At this hearing, the subcommittee explored the
rise of fraud and identity related crimes through the use of
the Internet and by exploiting vulnerabilities in unsecured
information networks. The subcommittee also examined potential
solutions, such as vulnerability management, credentialing and
authentication tools, which may help reduce the impact of
viruses, worms, spyware, spam, phishing and in turn reduce
identity related cyber thefts.
b. Witnesses.--Orson Swindle, Commissioner, Federal Trade
Commission; Steven Martinez, Deputy Assistant Director, Cyber
Division, Federal Bureau of Investigation; Larry Johnson,
Special Agent in Charge, Criminal Investigative Division, U.S.
Secret Service; Patrick O'Carroll, Acting Inspector General,
Social Security Administration; Howard Schmidt, former White
House cyber security advisor, and vice president, chief
information security officer, eBay Inc.; Dr. Bill Hancock, vice
president, Security Practice & Strategy, chief security
officer, SAVVIS Communications Corporation; Bill Conner,
chairman and chief executive officer, Entrust Inc.; and Jody
Westby, managing director, PricewaterhouseCoopers.
A P P E N D I X
----------
Committee Prints
February 2003
Rules of the Committee on Government Reform, House of
Representatives, Together with Selected Rules of the House of
Representatives (Including Clause 2 of House Rule XI) and
Selected Statutes of Interest
October 2003
Title 5, United States Code Government Organization and
Employees 108th Congress, 1st Session
November 2004
United States Government Policy and Supporting Positions
108th Congress, 2nd Session
Investigative Reports
March 31, 2003, House Report 108-52
Oversight Plans for All House Committees (required by House
Rule X, Clause 2(d) 108th Congress, 1st Session.
FIRST REPORT, June 23, 2003, House Report 108-172
A Citizen's Guide on Using the Freedom of Information Act
and the Privacy Act of 1974 to Request Government Records
(Technology, Information Policy, Intergovernmental Affairs and
the Census).
SECOND REPORT, November 21, 2003, House Report 108-395
Efforts to Rightsize the U.S. Presence Abroad Lack Urgency
and Momentum (National Security, Emerging Threats and
International Relations Subcommittee).
THIRD REPORT, February 3, 2004, House Report 108-414
Everything Secret Degenerates: The FBI's Use of Murderers
as Informants (full committee).
Legislative Reports
March 27, 2003, House Report 108-49
Postal Civil Service Retirement System Funding Reform Act
of 2003, to accompany H.R. 735, 108th Congress--1st Session.
April 29, 2003, House Report 108-78, Part I
Federal Government Energy Management Improvement Act, to
accompany H.R. 1346, 108th Congress, 1st Session.
May 19, 2003, House Report 108-116, Part I
Civil Service and National Security Personnel Improvement
Act, to accompany H.R. 1836, 108th Congress, 1st Session.
May 19, 2003, House Report 108-117, Part I
Services Acquisition Reform Act of 2003, to accompany H.R.
1837, 108th Congress, 1st Session.
June 12, 2003, House Report 108-147, Part II
Project Bioshield Act of 2003 to accompany H.R. 2122, 108th
Congress, 1st Session.
June 19, 2003, House Report 108-167, Part I
Office of National Drug Control Policy Reauthorization Act
of 2003 to accompany H.R. 2086, 108th Congress, 1st Session.
October 7, 2003, House Report 108-305
Government Network Security Act of 2003 to accompany H.R.
3159, 108th Congress, 1st Session.
November 19, 2003, House Report 108-380
GAO Human Capital Reform Act of 2003 to accompany H.R.
2751, 108th Congress, 1st Session.
December 8, 2003, House Report 108-403
National Archives and Records Administration Efficiency Act
of 2003 to accompany H.R. 3478, 108th Congress, 1st Session.
May 14, 2004, House Report 108-490, Part I
Paperwork and Regulatory Improvements Act of 2004 to
accompany H.R. 2432, 108th Congress, 2nd Session.
May 17, 2004, House Report 108-490, Part II (Supplemental Report)
Paperwork and Regulatory Improvements Act of 2004 to
accompany H.R. 2432, 108th Congress, 2nd Session.
June 8, 2004, House Report 108-527
Permanent Authorization of District of Columbia Tuition
Assistance Programs to accompany H.R. 4012, 108th Congress, 2nd
Session.
June 9, 2004, House Report 108-533, Part I
Department of Homeland Security Financial Accountability
Act to accompany H.R. 4259, 108th Congress, 2nd Session.
June 17, 2004, House Report 108-552
Office of Personnel Management Report Relating to Dental,
Vision, and Hearing Benefits for Federal Employees and Others
to accompany H.R. 3751, 108th Congress, 2nd Session.
June 17, 2004, House Report 108-551, Part I
2004 District of Columbia Omnibus Authorization Act to
accompany H.R. 3797, 108th Congress, 2nd Session.
July 7, 2004, House Report 108-585, Part I
Health Insurance Premium Conversion Option for Federal
Civilian and Military Retirees to accompany H.R. 1231, 108th
Congress, 2nd Session.
July 7, 2004, House Report 108-586
Pay Compression Relief Act of 2004 to accompany H.R. 3737,
108th Congress, 2nd Session.
September 8, 2004, House Report 108-672, Part I
Postal Accountability and Enhancement Act to accompany H.R.
4341, 108th Congress, 2nd Session.
September 9, 2004, House Report 108-673
Transit Pass Transportation Fringe Benefits for Federal
Employees to accompany H.R. 1151, 108th Congress, 2nd Session.
October 5, 2004, House Report 108-724, Part 4
9/11 Recommendations Implementation Act to accompany H.R.
10, 108th Congress, 2nd Session.
October 5, 2004, House Report 108-729
District of Columbia Civil Commitment Modernization Act of
2004 to accompany H.R. 4302, 108th Congress, 2nd Session.
October 5, 2004, House Report 108-733
Federal Workforce Flexibility Act of 2004 to accompany S.
129, 108th Congress, 2nd Session.
October 8, 2004, House Report 108-768
Program Assessment and Results Act to accompany H.R. 3826,
108th Congress, 2nd Session.
VIEWS OF RANKING MINORITY MEMBER HENRY A. WAXMAN
While I agree with significant parts of the chairman's
report, there are several sections that warrant comment as
discussed below.
PART ONE. COMMITTEE ORGANIZATION
I. History and Jurisdiction of the Committee
The majority's report on the history of the committee
omitted discussion of recent changes regarding the committee's
review of postal matters. The 108th Congress saw the
abolishment of the Subcommittee on the Postal Service, an
entity that had been in existence since 1995. Instead, the
committee created the Special Panel on Postal Reform and
Oversight.
PART TWO. COMMITTEE ACCOMPLISHMENTS
I. Legislative Accomplishments
H.R. 10, the 9/11 Recommendations Implementation Act (S. 2845, the
National Intelligence Reform Act of 2004)
Despite the Republican leadership's unwillingness to work
with the minority in a bipartisan manner, reasonable
comprehensive intelligence reform, S. 2845, the National
Intelligence Reform Act of 2004, ultimately was enacted.
As introduced by House Republicans, H.R. 10 was deeply
flawed and failed to address many of the 9/11 Commission's
recommendations. It also included controversial ``poison
pills.'' Democratic members of the committee were able to
effect positive change. For example, Democratic members worked
to ensure that the bill included language, drafted by
Representative Van Hollen, to establish a more efficient
information sharing network to correct past failures to
``connect the dots'' among Federal agencies.
After Democratic members raised objections, language was
stripped from the bill that authorized government-wide
executive branch reorganization authority that could have
undone important reforms passed by Congress. Also, Democratic
members objected to language that would have undermined
longstanding financial disclosure requirements for Federal
workers, and this language was not included in the final
version of the bill. Moreover, after Democratic members raised
objections, a provision was removed that would have stripped
collective bargaining rights from employees in the name of
``homeland security.'' Furthermore, Democratic members
successfully worked to help ensure that there were minimum
standards for identity documents without the creation of a
national database.
The legislation provides that, for the most part, a single
Federal agency will conduct security clearance investigations,
that a civil liberties protection board will be established,
and that in the office of the National Intelligence Director,
the appointment of an Inspector General is permitted. Although
on these issues, the final language in S. 2845 is not as strong
as many Democratic members would have preferred, it is far
superior to the original language of H.R. 10.
H.R. 1836, National Defense Authorization Act for Fiscal Year 2004
With the passage of H.R. 1836, the committee reversed many
of the important legislative reforms of the past century. The
bill stripped away fundamental rights from almost 700,000
civilian employees at the Department of Defense [DOD]--
approximately one-third of all Federal civilian employees. The
bill also opened the door for the rest of the Federal workforce
to have their rights taken away as well.
DOD needs certain flexibilities to allow it operate more
effectively and more efficiently. Democratic members want the
strongest possible national defense and are willing to give DOD
the tools it needs to modernize its workforce. However, H.R.
1836 went well beyond those flexibilities by giving DOD a
blanket exemption from large parts of the Civil Service laws.
In two hearings before the committee, DOD witnesses
provided virtually no details about how DOD would exercise
these flexibilities and no rationale for why statutory
protections of employee rights should be waived. Often, the
only rationale DOD provided for such waivers was that the
Department of Homeland Security [DHS] received the same waivers
in 2002.
The committee gave DOD a complete exemption from several
chapters of Title 5 of U.S. Code that protect due process and
appeal rights of Federal employees. These chapters set forth
basic employee protections, such as the right to have advance
notice of suspension or removal, the right to respond in
writing, the right to be represented by an attorney, and the
right to a written decision explaining the action. In addition,
these chapters set forth a procedure for employees to challenge
personnel actions before the Merit Systems Protection Board
[MSPB] and the Equal Employment Opportunity Commission [EEOC]
and receive back pay for wrongful termination actions.
DOD also sought and received a complete waiver from Chapter
71 of Title 5 relating to employee collective bargaining
rights. Chapter 71 protects the rights of employees to join
unions, requires that agencies and unions bargain in good
faith, and prohibits discrimination based on union membership.
In only one area--the ability of DOD to bargain with unions
at the national level, instead of the local level--was the
Department able to identify a potential problem that needed to
be addressed. However, no justification was given for DOD's
desire to waive all collective bargaining obligations.
H.R. 1836 provided no guarantees that DOD will engage in
collective bargaining at all. The bill required only that the
Department engage in ``collaboration'' with unions in the
development of the new personnel system. Under the bill, if the
Defense Secretary decides to implement any part of the proposal
over the objections of labor organizations, the Secretary has
the discretion to do so after notifying Congress.
With respect to those instances in which DOD chooses to
engage in collective bargaining, the bill specifically removed
the current requirement that the Federal Services Impasse
Panel, whose members are appointed by the President, mediate
agency-union impasses. Without any impasse resolution
procedure--and without any legal duty to bargain in good
faith--the Defense Department could always bargain to impasse
and then unilaterally impose its will on employees.
Fortunately, the bill approved by the committee and passed
by the House was improved somewhat in conference. The
conference report only allowed DOD to waive the collective
bargaining requirements for the 6-year period following
enactment. With regard to appeal rights, the conference report
gave MSPB a very limited role in reviewing the decisions of a
newly created DOD appeals process. It is unclear whether this
limited appellate role will be sufficient to protect the due
process rights of DOD employees.
H.R. 1837, the Services Acquisition Reform Act [SARA]
H.R. 1837, the Services Acquisition Reform Act [SARA], was
reported by the Government Reform Committee on May 7, 2003, by
a party-line vote of 22 to 18. The minority opposed the bill
because in key areas its effect would have been to impede the
government's ability to protect against waste, fraud, and abuse
in Federal contracting.
Fortunately, many of the provisions opposed by the minority
were not included in the version of the bill that was enacted
into law as title XIV of H.R. 1588, a bill to authorize
appropriations for fiscal year 2004 for military activities of
the Department of Defense and for other purposes (Public Law
108-136). Those provisions included:
LContractor involvement in Federal acquisition
decisions. As reported by the committee, the bill would
have created a government-industry exchange program for
acquisition personnel that would have given private
contractors undue influence over the Federal
contracting process.
L``Share in Savings'' contracts. As reported
by the committee, the bill would have permanently
authorized a complicated and largely untested contract
type called share-in-savings. These contracts are
difficult to administer and would make congressional
oversight very difficult.
LInadequate protections against waste, fraud,
and abuse. As reported by the committee, the bill would
have weakened current law by allowing the government to
enter into sole-source contracts for up to $15 million
without verifying that the prices charged were fair and
reasonable.
H.R. 2086, Office of National Drug Control Policy Reauthorization Act
of 2003
Democratic members engaged the majority in negotiations
that resulted in the removal of provisions from H.R. 2086 that
would have placed strict limitations on the ONDCP Director's
discretion concerning allocation of funding for elements of the
National Youth Anti-Drug Media Campaign, allowed the ONDCP
Director to use the media campaign funds for partisan political
activities in opposition to legalization efforts, eliminated
prevention programs supported by High Intensity Drug
Trafficking Areas [HIDTA] funds, and reduced HIDTA funding
available to State and local law agencies in States that adopt
``medical marijuana'' laws. As a result of the bipartisan
negotiations, H.R. 2086, as reported, included language that
would maintain the current categorical prohibition against use
of media campaign funds for any partisan political purpose and
that also would prohibit media campaign funds from being used
to influence any legislation, regulation, election, or ballot
initiative and bar the appearance of highly visible Federal
officials in media campaign advertising.
H.R. 2432, Paperwork and Regulatory Improvements Act of 2003
The majority fails to accurately describe this legislation.
H.R. 2432 was rushed through committee without a subcommittee
markup. This bill would weaken the process of developing
Federal regulations while failing to stem the sharp rise in
paperwork burden that has occurred under the Bush
administration. The minority's objections to the Paperwork and
Regulatory Improvements Act (H.R. 2432) are described in detail
in the minority views filed with the committee's May 14, 2004,
report on this legislation (House Report 108-490).
One particularly troubling provision in H.R. 2432 requires
OMB to choose at least three agencies to participate in a study
on regulatory budgeting. OMB would be required to select three
of the following agencies to participate: the Department of
Labor; the Department of Transportation; the Department of
Health and Human Services; and the Environmental Protection
Agency. The language of H.R. 2432 is ambiguous, but at hearings
Subcommittee Chairman Ose and witnesses described regulatory
budgeting as being a regulatory cap that limits the total costs
that an agency's combined regulations can impose on the public.
The concept of regulatory budgeting is deeply flawed. A
regulatory budget imposes an arbitrary cap on regulatory costs
and does not take benefits into account.
H.R. 2556, D.C. Parental Choice Incentive Act of 2003
The enactment of H.R. 2556, the first federally imposed and
federally funded school vouchers program in the country in the
District of Columbia, set a troubling precedent. While a school
vouchers program may help a few students, the overall public
school system pays the price. The bill is, in effect, little
more than a transfer of Federal funding from public schools in
D.C. to private ones. Diverting Federal or other public
resources from the public school system into the private school
system is bad policy. The bill also affirmatively allows
Federal funding of religious activities.
With respect to the District of Columbia, while the Mayor
and the Chair of the D.C. school board did support the school
vouchers program, the majority of publicly elected officials
for the District opposed this idea. The District did not pass
its own local law creating a school vouchers program, which it
has the authority to do. The best kind of ``school choice''
already exists in the District. There are over 40 public
charter schools in the District. Further, the District is home
to over a dozen transformation schools, an approach in which
the lowest performing public schools are identified and
transformed with new staff and ``wrap-around'' social services
for the parents and the students. Transformation schools have
had documented success in improving the academic performance of
many students.
There are numerous other problems with H.R. 2556 as
enacted. The measure does not provide for adequate
accountability regarding public funds. The private schools that
participate in the program are not held to the same standards
as the public schools, such as those set forth in the No Child
Left Behind Act. H.R. 2556 also did not provide for a control
group or other mechanisms for gathering data and for showing
measurable results from the school voucher program.
H.R. 2751, GAO Human Capital Reform Act of 2004
Although Civil Service reform is best pursued on a
governmentwide basis, not an agency-by-agency basis,
Comptroller General David M. Walker made a strong case for why
GAO should be granted the personnel flexibilities provided in
H.R. 2751.
At Democrats' request, Mr. Walker assured the committee
that he would provide annual reporting on the size of pay
raises given to minorities, women, and veterans. In the past,
these groups have received lower appraisal ratings than the
employee population as a whole.
The bill was modified to allow all GAO employees to receive
additional annual leave based on previous relevant work
experience. The original version of the bill had allowed
previous work experience to be considered only for upper-level
employees.
The section of the bill relating to employee exchanges with
private sector companies also was modified at the minority's
request. The number of GAO employees who could participate in
such exchanges was decreased from 30 to 15. The provision was
clarified to ensure that private sector employees will be
subject to Federal ethics laws and will not have access to
trade secrets. Language was added to ensure that any exchanges
must be an effective use of GAO's resources. Moreover, GAO's
authority to engage in such programs sunsets after 5 years.
Finally, the bill was modified to require GAO to submit
annual reports to Congress, detailing its use of the
flexibilities in the bill. This reporting requirement is
necessary for Congress to fulfill its oversight
responsibilities.
H.R. 3193, The District of Columbia Personal Protection Act
H.R. 3193 would have severely undermined the District's gun
laws. This committee had jurisdiction over the bill, but it was
taken up and passed by the full House without committee
consideration. Had this bill become law it would have repealed
the District's current ban on semiautomatic weapons, the
requirement that guns be locked, dissembled, or unloaded, and
the ban on armor piercing (``cop-killing'') bullets. H.R. 3193
even went so far as to prevent the District from enacting any
new laws that would restrict in any way such possession.
Despite opposition from the majority of publicly elected
officials in the District, the House majority leadership
brought this bill to the House floor. The fact that a vote was
allowed on this measure on the House floor, especially when
District leadership and residents roundly opposed it, is
troubling and sets a bad precedent. Congress under Article I,
Section 8, does have the authority to repeal the District's
locally enacted laws against the will of the elected officials
and the District's residents. However, historically Congress
has rarely taken such a step. It is especially difficult to
justify measures that would result in more guns on the streets
of the District at a time when security is a top priority in
the Nation's Capital, the District often is under a heightened
threat alert, and the overall crime rate and homicide rate in
the District have been noticeably declining.
H.R. 3281, Federal Whistleblower Protection
On September 29, 2004, the committee passed H.R. 3281, as
amended, which provides additional protection to Federal
whistleblowers. The minority supported the measure because it
closes some loopholes in current law. However, the bill passed
by the committee does not go far enough to protect courageous
whistleblowers who risk their careers to disclose waste, fraud,
and abuse in the Federal Government. A far better whistleblower
protection bill is S. 2628, which was introduced by Senator
Akaka and was passed by the Senate Governmental Affairs
Committee on July 21, 2004.
Specifically, H.R. 3281, as amended, omitted several
important provisions in the introduced bill that are also
contained in S. 2628. These omitted provisions include:
LClassified disclosures to Congress. This
provision would have clarified that classified
information may be disclosed to a Member of Congress or
congressional staff as long as that person is
authorized to receive such information.
LSecurity clearances. This provision would
have authorized the Merit Systems Protection Board to
review cases charging retaliation when an employee's
security clearance is revoked.
LAll-circuit review. This provision would have
allowed any Federal circuit court to hear whistleblower
cases for a 5-year period, thus ending the U.S. Court
of Appeals for the Federal Circuit's exclusive
jurisdiction over whistleblower appeals.
LCritical infrastructure information. This
provision would have ensured whistleblower protection
for those who disclose independently obtained
information that also may qualify as voluntarily
submitted critical infrastructure information under the
Homeland Security Act.
It is noteworthy that some of these omitted provisions--
including all-circuit review and protection of disclosures to
Congress--were contained in a bill (H.R. 2588) in the 107th
Congress that was cosponsored by Chairman Tom Davis.
H.R. 3737, Pay Compression Relief
Although the minority supported this legislation, there are
concerns about the pay disparities created by both this bill
and legislation enacted in 2003 to raise salaries for other
Federal employees. After enactment of this bill, administrative
law judges [ALJs], administrative appeals judges [AAJs], and
many other senior Federal employees could be paid at Executive
Schedule Level II, which is currently $158,100. This is the
same amount earned by deputy secretaries of cabinet departments
and agency administrators. The minority believes it is
important to maintain some pay differential between the deputy
secretary of a department and the administrative judges who
work in the department.
Moreover, this bill allowed ALJs and AAJs to be paid as
much as Federal district judges and more than Federal
bankruptcy judges and magistrates, who currently earn $145,500.
The salary increases authorized by this bill would create
incongruities in the overall Federal pay structure that need to
be addressed.
As a result, the Civil Service and Agency Organization
Subcommittee adopted a Democratic amendment to require the
Office of Personnel Management [OPM] to conduct a broad-based
study of all Federal salaries paid under the Executive
Schedule. OPM would determine whether there are any
incongruities among Executive Schedule salaries and would
recommend any necessary adjustments.
H.R. 3751 and S. 2657, Dental, Vision, and Hearing Benefits for Federal
Employees
H.R. 3751 would have required the Office of Personnel
Management [OPM] to study the feasibility of providing dental
and vision benefits to Federal employees, annuitants, and their
family members. S. 2657 would have authorized OPM to establish
dental and vision insurance coverage for Federal employees,
annuitants, and their family members. Both bills as originally
introduced did not cover hearing benefits.
Currently, over 28 million Americans suffer hearing loss,
half of whom are under the age of 50. Hearing loss is not just
a problem affecting adults. Thirty-three children are born
everyday with some form of hearing loss. With early detection
and treatment, these children can be taught in regular classes,
saving a school system as much as $500,000 during a 12-year
education. Like vision and dental benefits, most insurance
plans do not provide hearing benefits, such as coverage for
hearing aids.
With regard to H.R. 3751, a Democratic amendment was
accepted that required OPM to study the feasibility of
providing hearing benefits to Federal employees, retirees, and
their families. This provision was removed from the final
version of S. 2657 that passed both the House and Senate.
However, the House and Senate obtained an agreement that OPM
would conduct such a study by September 30, 2005.
H.R. 3826, Program Assessment and Results Act [PARA]
While the minority believes that there is a need to
undertake more comprehensive efforts to evaluate public
programs, the process established under H.R. 3826, the Program
Assessment and Results Act [PARA], lacks provisions to ensure
adequate agency participation during the review process as well
as mechanisms for ensuring the objective establishment of
criteria for program reviews. In essence, the PARA is an
attempt to codify the Program Assessment Rating Tool [PART]
that the Office of Management and Budget has used for program
evaluations during the past two budget cycles. The PART,
however, has proved unreliable for evaluation purposes in 152
of the 407 programs--37.1 percent of the programs--to which it
has been applied. Reasons for inconclusive evaluations under
PART include the use of restrictive formats and data
requirements among crosscutting agency programs, the lack of
available or reliable information in certain programs, and
intergovernmental discrepancies for programs administered
jointly with State and local governments.
Furthermore, the bill as reported out of committee provides
too much discretion to OMB for the establishment of subjective
criteria during the review of programs without adequate input
from the agency community or public stakeholders. Stakeholder
participation helps provide checks and balances against OMB
developing unreasonable or subjective program assessment
criteria. Efforts to remedy these deficiencies through the
addition of a mandatory notice and comment period for program
review criteria were made by Congressman Towns during the
subcommittee markup on May 19, 2004. However, this change was
weakened substantially in the manager's amendment reported out
by the full committee on June 3, 2004. OMB and agencies should
develop meaningful evaluation criteria for all Federal
programs, including those programs administered cooperatively
among State and local stakeholders.
S. 129 (H.R. 1601), Federal Workforce Flexibility Act of 2004
This bill to provide personnel flexibilities to Federal
agencies was modified in several important respects. At the
Civil Service and Agency Organization Subcommittee markup of
H.R. 1601, Democratic members restored two provisions that were
contained in the Senate version (S. 129). One provision
prohibited recruitment, relocation, and retention bonuses from
being paid to political appointees. Another provision required
the Office of Personnel Management [OPM] to report on the
number of bonuses paid under this bill. This would allow
Congress to evaluate whether these bonuses are effective in
improving the recruitment and retention of high-quality
employees. Language was also added to H.R. 1601 indicating that
OPM should monitor the use of bonuses by one Federal agency to
hire an employee from another Federal agency.
II. Oversight and Investigative Accomplishments
Iraq Contracting
The majority's summary of the committee's oversight of Iraq
contracting states, ``The hearings provided a strong record
that the system is/was working.'' Unfortunately, the opposite
is true.
Testimony from the Defense Contract Audit Agency [DCAA] and
Government Accountability Office was critical of the
administration and its contractors in Iraq. In particular, at
the committee's March 11, 2004, hearing, DCAA Director William
Reed testified that Pentagon auditors found ``significant'' and
``systemic'' deficiencies in the cost estimating practices of
Halliburton, the largest Iraq contractor. For example,
Halliburton submitted a $2.7 billion cost proposal that ``did
not contain current, accurate, and complete data regarding
subcontractor costs.'' There was a $700 million discrepancy
between the initial proposal and a revised proposal, which was
also rejected. DCAA also found that Halliburton overcharged by
$61 million through September 30, 2003, for gasoline imported
into Iraq from Kuwait.
At the June 15, 2004, hearing, Mr. Reed testified that
Halliburton's cost estimation deficiencies had not been fixed.
He noted that Halliburton's dining hall billings were as much
as 36 percent higher than could be justified by the number of
meals actually served to troops. As a result, DCAA had
suspended $186 million in dining hall payments to Halliburton.
Mr. Reed also testified that two Halliburton employees had
allegedly received up to $6.3 million in kickbacks from a
Kuwaiti company. David Walker, the Comptroller General,
testified about GAO's recent findings regarding Halliburton's
LOGCAP contract. GAO found ineffective planning, inadequate
cost control, and insufficient training of contract management
officials under LOGCAP in Iraq. GAO reported that, when
Halliburton acted as a middleman for the operation of dining
halls, costs were over 40 percent higher.
During the March hearing, Pentagon Comptroller Dov Zakheim
noted that, in late February 2004, DCAA recommended that the
Army begin to withhold partial payment to Halliburton under the
LOGCAP troop support contract as required by the Federal
Acquisition Regulation. The Army refused to withhold payments.
Six months later, on August 16, 2004, DCAA was still
encouraging the Army to begin withholding 15 percent of
Halliburton's reimbursements, stating, ``It is clear to us KBR
will not provide an adequate proposal until there is a
consequence.'' Instead, the Army has given Halliburton multiple
extensions to provide the adequate cost estimates and
supporting data needed to finalize the terms of the contract.
At the July 22, 2004, hearing, former Halliburton employees
also provided compelling testimony of egregious overcharges by
the company in Iraq and Kuwait.
Marie deYoung, a Halliburton logistics specialist,
testified about subcontracts under which Halliburton paid $45
per case of soda and $100 per 15-pound bag of laundry. Ms.
deYoung also disclosed that Halliburton did not comply with the
Army's request to move Halliburton employees from a five-star
hotel in Kuwait, where it cost taxpayers approximately $10,000
per day to house the employees, into air-conditioned tent
facilities, which would have cost taxpayers under $600 per day.
She characterized these instances as symptoms of Halliburton's
systemic subcontract management weaknesses.
David Wilson, a convoy commander for Halliburton, and James
Warren, a Halliburton truck driver, testified that brand new
$85,000 Halliburton trucks were abandoned or ``torched'' if
they got a flat tire or experienced minor mechanical problems.
Mr. Warren brought these and other concerns to the personal
attention of Randy Harl, the president and CEO of Halliburton
subsidiary KBR. He was fired a few weeks later.
The majority asserts that the committee ``established that
there was no evidence that the contracts were awarded
improperly.'' This assertion is simply inaccurate. At the June
15, 2004, hearing, GAO officials testified that the
administration's award to Halliburton of a LOGCAP task order to
prepare a contingency plan for the reconstruction and operation
of Iraq's oil infrastructure was ``not in accordance with the
law.'' They noted that the Army Materiel Command's own counsel
agreed with this conclusion. GAO explained ``that once they
made the decision to go with a particular contractor for the
contingency planning task order, that would pretty much decide
who would eventually get the larger contract to actually
execute the contingency plan.''
In addition, at a June 8, 2004, briefing for committee
staff, Michael Mobbs, special advisor to Under Secretary of
Defense Douglas Feith, explained that his Energy Infrastructure
Planning Group, not career civil servants or contracting
officials, selected Halliburton for the contingency planning
task order. The decision was based on informal conversations
with officials in executive agencies and former industry
executives. In October 2002, Mr. Mobbs personally briefed the
Vice President's chief of staff, I. Lewis ``Scooter'' Libby,
and other senior White House and administration officials on
his proposal to award the task order to Halliburton without
giving other companies an opportunity to compete. He explained
that his central purpose in bringing the plan to the attention
of Mr. Libby and others at the Deputies Committee was to make
sure there was no objection to it. He said that if anyone had
raised an objection to selecting Halliburton without any
competition, he would have gone back and reconsidered his
approach. When asked about such a selection process at the June
15, 2004, hearing, Comptroller General David Walker said that
``it would be unusual.''
The assertion that the committee ``established that there
was no evidence that the contracts were awarded improperly''
also ignores the fact that the majority blocked the minority's
effort to subpoena communications between the Vice President's
office and the Defense Department with respect to Halliburton's
planning task order and no-bid oil infrastructure contract.
Rather than examining the actual communications in order to
determine whether the contracts were improperly awarded, the
majority just concluded that they were not. Moreover, the
committee has received no documents in response to a July 9,
2004, joint request regarding the rationale for the selection
of Halliburton and the membership and operations of the Energy
Infrastructure Planning Group.
Flu Vaccine Shortage
In relating the outcome of the flu vaccine investigation,
the majority asserts: ``The testimony from previous hearings,
FDA documents, and meetings with Chairman Davis appear to
establish that FDA followed standard protocol in dealing with
Chiron.''
In fact, Acting FDA Commissioner Lester Crawford testified
before the committee that the agency broke with standard
protocol by being 6 months late in sending Chiron a copy of the
agency's June 2003 inspection report.
Documents and interviews also revealed that FDA missed a
series of opportunities to assure the continued production of
the flu vaccine. After the June 2003 inspection, FDA rejected
the recommendation of inspectors to initiate official
enforcement action. FDA then refused the company's request to
meet to review its remediation plan. FDA did not conduct a full
re-inspection of the plant until October 2004, after the plant
was shut down by the British and the United States lost half of
its vaccine supply.
PART THREE. FULL COMMITTEE MEETINGS
``The Supersizing of America: The Federal Government's Role in
Combating Obesity and Promoting Healthy Living,'' June 3, 2004;
Serial No. 108-201
In summarizing the committee's June 3, 2004, hearing on
obesity, the majority writes that ``obesity will soon surpass
smoking as the leading avoidable cause of death among
Americans.'' This statement is based upon a 2004 study by CDC
that is still under review. CDC has asked the Institute of
Medicine to advise on evaluating the appropriate methodology
for estimating the number of deaths in the United States from
obesity.
PART FOUR. SUBCOMMITTEE ACCOMPLISHMENTS
I. SUBCOMMITTEE ON CRIMINAL JUSTICE, DRUG POLICY, AND HUMAN RESOURCES
Stem Cell Research
In summarizing the subcommittee's work on stem cell
research, the majority provides a misleading view of research
on embryonic stem cells. Many leading medical experts have
stated that the President's restrictive policy on stem cell
research is impairing our Nation's ability to find treatments
cures for devastating diseases. NIH has reported that embryonic
stem cells have certain important qualities that adult stem
cells have not been demonstrated to have.
Nonoxynol-9
In summarizing the subcommittee's work on nonoxynol-9, the
majority provides a misleading view of the evidence. Leading
public health experts support the removal of Nonoxynol-9 from
condoms because of potential increased risk of HIV transmission
and a lack of evidence that Nonoxynol-9 gives significant
contraceptive advantage over condoms alone. However, these
experts do not believe that there is evidence justifying the
removal of Nonoxynol-9 from all products. Furthermore, any
warning on products containing Nonoxynol-9 should be carefully
crafted so that consumers are not unduly steered away from
condoms and other contraceptives. When used properly, condoms
are a highly effective method of birth control and HIV
prevention.
HPV/Cervical Cancer Prevention
In summarizing the subcommittee's work on human
papillomavirus infection, the majority provides a highly
misleading view of the science. Cervical cancer is almost
entirely preventable by the provision of routine Pap Smears.
CDC and NIH have also found that the weight of the evidence
indicates that condom use does prevent cervical cancer.
HIV/AIDS
The majority presumes a zero sum tradeoff between funding
for treatment and funding for other HIV/AIDS activities. In
fact, there is no reason why Congress cannot adequately fund
treatment, research, and other important missions.
The majority criticizes HHS for spending money for HIV
conferences. In fact, scientific exchange is essential for the
Federal investment in HIV to be spent wisely. An HHS decision
this year to limit attendance at the world AIDS conference led
to the cancellation of more than 30 presentations by U.S.
scientists and of important workshops to assist scientists from
developing countries.
The majority provides a one-sided view of the AIDS vaccines
trials being funded by NIH. This is a scientific question that
should be reviewed by experts in the field.
The majority asserts that the government should not be
spending any money trying to ascertain how an HIV vaccine would
be perceived and adopted. This position is short-sighted.
Research on how the public would perceive a vaccine is
important to designing programs to promote vaccination once a
vaccine is approved.
The majority's summary of ``fraud abuse'' of tax dollars in
HIV programs contains errors. For example, the majority asserts
that CDC stopped funding the STOP AIDS project because Federal
funding was going to ``flirting classes.'' In fact, CDC found
that no Federal funding was going to ``flirting classes,'' and
CDC did not penalize STOP AIDS for the project.
``H.R. 2086, Office of National Drug Control Policy Reauthorization Act
of 2003,'' May 15, 2003
The subcommittee adopted amendments offered by Ranking
Minority Member Cummings to ensure adequate funding of core
drug prevention and treatment programs within the Substance
Abuse and Mental Health Services Administration.
``Ensuring Accuracy and Accountability in Laboratory Testing: Does the
Experience of Maryland General Hospital Expose Cracks in the
System?'' May 18, 2004; Serial No. 108-248
The majority's views suggest that the scope of the hearings
examining lab-testing problems at Maryland General Hospital in
Baltimore, MD, was narrower than it was. The purpose of the
hearings requested by Ranking Minority Member Elijah E.
Cummings was not merely to uncover what happened in the
Maryland General case but also to examine whether and to what
extent the problems were enabled by potential shortcomings in
the system for enforcing Federal standards for medical
laboratories.
Inadequate protections for whistleblowers in medical labs,
advance notice of accreditation inspections, and insufficient
requirements for sharing of information among enforcement
entities were important factors that contributed to the
Maryland General incident. These factors are not specific to
Maryland General, and have the potential to prevent or delay
the revelation of serious deficiencies at other medical
laboratory facilities. Consistent with these findings and the
purpose of the hearings, Ranking Minority Member Cummings was
joined by Chairman Mark Souder in asking GAO to examine a
number of issues relating to the effectiveness of enforcement
of Federal standards for medical lab testing. GAO accepted this
bipartisan request, has begun its investigation, and will issue
a report documenting its findings during the first session of
the 109th Congress.
In addition, Ranking Minority Member Cummings introduced
legislation, H.R. 5311, the Clinical Laboratories Compliance
Improvement Act, to address the aforementioned problems
identified during the subcommittee's investigative hearings.
Similar legislation will be reintroduced in the 109th Congress
and Democratic members will continue to work with the majority
on lab testing oversight issues.
II. SUBCOMMITTEE ON ENERGY POLICY, NATURAL RESOURCES, AND REGULATORY
AFFAIRS
``H.R. 2432, Paperwork and Regulatory Improvements Act of 2003,'' July
22, 2003; Serial No. 108-68
In addition to the witnesses listed in the majority's
activities report, Lisa Heinzerling, professor, Georgetown
University Law Center, Center for Progressive Regulation, also
testified.
``EPA Water Enforcement: Are We On the Right Track?'' October 14, 2003;
Serial No. 108-157
The majority report does not provide a complete description
of this hearing on EPA's enforcement of the Clean Water Act.
Subcommittee Ranking Minority Member John Tierney requested
this hearing, which was held in Ipswich, MA. The hearing raised
important issues related to EPA's ability to fully protect our
Nation's waters. Witnesses identified a decline in EPA's
enforcement of the Clean Water Act and expressed concerns that
EPA does not have adequate resources to fully implement the
act's requirements.
``How to Improve Regulatory Accounting: Costs, Benefits, and Impacts of
Federal Regulations--Part II,'' February 25, 2004; Serial No.
108-159
As stated in the majority's summary, this hearing examined
OMB's ``Draft 2004 Report to Congress on the Costs and Benefits
of Federal Regulations and Unfunded Mandates on State, Local,
and Tribal Entities.'' OMB's 2004 draft report fails to provide
an accurate or useful picture of Federal regulation. For
example, OMB's report lists the costs and benefits of various
agency rules, yet cost and benefit estimates are often
misleading because the costs are typically overstated while
benefits are typically understated. Many benefits are not, or
cannot, be translated into dollar amounts. In its draft report,
OMB provides incomplete cost and benefit estimates. There are
also concerns about aspects of OMB's methodology and sources of
support.
In its 2004 draft report, OMB solicited comments on
regulatory reforms that would ``improve manufacturing
regulation.'' This raises concerns that OMB will utilize these
comments to create a ``regulatory hit list'' that targets
environmental, health, and safety regulations for limitation or
elimination.
In December 2004, OMB released its final 2004 ``Report to
Congress on the Costs and Benefits of Federal Regulations and
Unfunded Mandates on State, Local, and Tribal Entities.'' The
concerns raised regarding the draft report also apply to OMB's
final report.
``LNG Import Terminal and Deepwater Port Siting: Federal and State
Roles,'' June 22, 2004; Serial No. 108-238
In addition to the witnesses listed in the majority's
activities report, Dr. Jerry Havens, distinguished professor of
chemical engineering, University of Arkansas, testified.
It is worth noting that one witness called on the Federal
agencies with jurisdiction to pursue a regional approach to
siting LNG facilities in New England that considers the need
for LNG, protecting public safety, and protecting the
environment. In addition, concerns were raised by witnesses
about the safety of LNG vessels and facilities, and the
adequacy of current safety policies and regulations.
``What is the Bush Administration's Record in Regulatory Reform?''
November 17, 2004
This hearing, in part, addressed EPA's rulemaking on
mercury emissions from power plants. Subcommittee Ranking
Minority Member John Tierney requested a subcommittee hearing
on EPA's mercury proposal and Chairman Ose agreed to address
the issue during this last hearing of the 108th Congress.
On January 30, 2004, the Bush administration published a
proposal for regulating mercury emissions from power plants.
The administration's proposal, and the process it has followed
in developing its proposal, is fundamentally flawed.
According to EPA scientists, approximately 630,000 infants
are born in the United States each year with blood-mercury
levels at unsafe levels. Despite the clear need for strong
controls on mercury pollution, EPA's proposal is grossly
inadequate and fails to comply with the Clean Air Act. The
Clean Air Act requires a much larger reduction in mercury
pollution, in much less time, than EPA's proposal.
Additionally, EPA has failed to analyze and consider any option
more stringent than its own proposals. At the hearing, minority
members urged the administration to conduct the required
analysis and issue a strong regulation that protects public
health and complies with the Clean Air Act.
III. SUBCOMMITTEE ON HUMAN RIGHTS AND WELLNESS
Federal Autism Initiatives and Research
With respect to the subcommittee's work on autism, the
majority provides a misleading view of the scientific evidence.
There is no scientific consensus that ``incidences [sic] of
autism are increasing exponentially in modern times.'' There is
currently scientific disagreement over whether the rise in
autism diagnosis is due to a rise in disease or a change in
what clinicians call autism.
Federal Progress Regarding Dietary Supplements
The majority states that the Dietary Supplements and Health
Education Act ``ensures the safety and efficacy of dietary
supplements.'' This position is inconsistent with the nearly
universal view among leading medical organizations that the act
does too little to protect consumers from dietary supplements.
Most recently, outgoing Secretary of Health and Human Services
Tommy Thompson stated his personal opinion that the law needs
to be revised.
IV. SUBCOMMITTEE ON NATIONAL SECURITY, EMERGING THREATS AND
INTERNATIONAL RELATIONS
``The Iraq Oil-For-Food Program: Starving for Accountability,'' April
21, 2004; Serial No. 108-216, and ``The U.N. Oil for Food
Program: Cash Cow Meets Paper Tiger,'' October 5, 2004
The subcommittee is appropriately examining the serious
allegations of corruption, overpricing, kickbacks, and
smuggling under the U.N. Oil-for-Food Program. As part of this
investigation, the subcommittee also has a responsibility to
examine problems with the successor to the Oil-for-Food
Program, the Development Fund for Iraq, which was administered
by the U.S. Government between May 2003 and June 28, 2004. The
Coalition Provisional Authority obligated or spent nearly $20
billion in Iraqi oil proceeds deposited into the DFI. Reports
from auditors at KPMG, an independent certified public
accounting firm, and the Coalition Provisional Authority
Inspector General have found that the administration failed to
properly account for Iraqi funds.