[House Report 110-83]
[From the U.S. Government Publishing Office]



                                                  Union Calendar No. 48

110th Congress, 1st Session -  -  -  -  -  -  -  -  -  - House Report 110-83


                            OVERSIGHT PLANS
                                FOR ALL
                            HOUSE COMMITTEES

                   with accompanying recommendations

                               __________

                                 by the

              COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

                        HOUSE OF REPRESENTATIVES

               (Required by House Rule X, Clause 2(d)(2))

                             together with

                             MINORITY VIEWS

                                     


                                     

 March 30, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

For Sale by the Superintendent of Documents, U.S. Government Printing Office
Internet: bookstore.gpo.gov  Phone: toll free (866) 512-1800; (202) 512ï¿½091800  
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             COMMITTEE ON OVERSISGHT AND GOVERNMENT REFORM

                 HENRY A. WAXMAN, California, Chairman
TOM LANTOS, California               TOM DAVIS, Virginia
EDOLPHUS TOWNS, New York             DAN BURTON, Indiana
PAUL E. KANJORSKI, Pennsylvania      CHRISTOPHER SHAYS, Connecticut
CAROLYN B. MALONEY, New York         JOHN M. McHUGH, New York
ELIJAH E. CUMMINGS, Maryland         JOHN L. MICA, Florida
DENNIS J. KUCINICH, Ohio             MARK E. SOUDER, Indiana
DANNY K. DAVIS, Illinois             TODD RUSSELL PLATTS, Pennsylvania
JOHN F. TIERNEY, Massachusetts       CHRIS CANNON, Utah
WM. LACY CLAY, Missouri              JOHN J. DUNCAN, Jr., Tennessee
DIANE E. WATSON, California          MICHAEL R. TURNER, Ohio
STEPHEN F. LYNCH, Massachusetts      DARRELL E. ISSA, California
BRIAN HIGGINS, New York              KENNY MARCHANT, Texas
JOHN A. YARMUTH, Kentucky            LYNN A. WESTMORELAND, Georgia
BRUCE L. BRALEY, Iowa                PATRICK T. McHENRY, North Carolina
ELEANOR HOLMES NORTON, District of   VIRGINIA FOXX, North Carolina
    Columbia                         BRIAN P. BILBRAY, California
BETTY McCOLLUM, Minnesota            BILL SALI, Idaho
JIM COOPER, Tennessee                ------ ------
CHRIS VAN HOLLEN, Maryland
PAUL W. HODES, New Hampshire
CHRISTOPHER S. MURPHY, Connecticut
JOHN P. SARBANES, Maryland
PETER WELCH, Vermont

                     Phil Schiliro, Chief of Staff
                      Phil Barnett, Staff Director
                       Earley Green, Chief Clerk
                  David Marin, Minority Staff Director




                            C O N T E N T S

                               __________
                                                                   Page
Recommendations..................................................     1
Agriculture......................................................     7
Appropriations...................................................    15
Armed Services...................................................    24
Budget...........................................................    49
Education and the Workforce......................................    54
Energy and Commerce..............................................    59
Financial Services...............................................    69
Foreign Affairs..................................................    98
Homeland Security................................................   121
House Administration.............................................   136
Judiciary........................................................   144
Natural Resources................................................   152
Oversight and Government Reform..................................   171
Permanent Select Committee on Intelligence.......................   209
Rules............................................................   219
Science and Technology...........................................   238
Small Business...................................................   248
Standards of Official Conduct....................................   259
Transportation and Infrastructure................................   263
Veterans' Affairs................................................   283
Ways and Means...................................................   291

                                 Views

Minority views of Hon. Tom Davis, Hon. Christopher Shays, Hon. 
  Dan Burton, Hon. John L. Mica, Hon. Mark E. Souder, Hon. Chris 
  Cannon, Hon. John J. Duncan, Jr., Hon. Michael R. Turner, Hon. 
  Darrell E. Issa, Hon. Kenny Marchant, Hon. Lynn A. 
  Westmoreland, Hon. Patrick T. McHenry, Hon. Virginia Foxx, Hon. 
  Brian P. Bilbray, and Hon. Bill Sali...........................   300

                                 (iii)

  
?

                         LETTER OF TRANSMITTAL

                              ----------                              

                                  House of Representatives,
                                    Washington, DC, March 30, 2007.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
    Dear Ms. Speaker:
    In accordance with Rule X(2)(d)(2) of the Rules of the 
House of Representatives, I respectfully submit the oversight 
plans of each committee together with recommendations to ensure 
the most effective coordination of such plans and otherwise 
achieve the objectives of the House Rules.
                                         Henry A. Waxman, Chairman.

                                  (v)

                                     
                                                  Union Calendar No. 48
110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-83

======================================================================

 
      OVERSIGHT PLANS FOR ALL HOUSE COMMITTEES WITH ACCOMPANYING 
                            RECOMMENDATIONS

                                _______
                                

 March 30, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Henry A. Waxman, from the Committee on Oversight and Government 
                     Reform submitted the following

                                 REPORT



                    OVERSIGHT IN THE 110TH CONGRESS

                            RECOMMENDATIONS

                                 OF THE

              COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM

                              I. Overview

    One of Congress' main constitutional responsibilities is to 
conduct oversight to check abuses by the other branches of 
government and ensure the effective operation of our laws. As 
the Supreme Court recognized 50 years ago:

        The power of the Congress to conduct investigations is 
        inherent in the legislative process. That power is 
        broad. It encompasses inquiries concerning the 
        administration of existing laws as well as proposed or 
        possibly needed statutes. It includes surveys of 
        defects in our social, economic or political system for 
        the purpose of enabling Congress to remedy them. It 
        comprehends probes into departments of the Federal 
        Government to expose corruption, inefficiency or 
        waste.\1\
---------------------------------------------------------------------------
    \1\ Watkins v. United States, 354 U.S. 178, 187 (1957).

    Oversight activities have uncovered significant waste, 
fraud, and abuse throughout the Federal Government. A report 
issued in 2006 by the Democratic staff of the Committee on 
Oversight and Government Reform (then known as the Committee on 
Government Reform) identified 118 Federal contracts worth 
$745.5 billion that the Government Accountability Office [GAO], 
the Defense Contract Audit Agency, inspectors general, or other 
government officials found to involve significant waste, fraud, 
abuse, or mismanagement. In the area of Iraq reconstruction 
contracting alone, Pentagon auditors have identified over $10 
billion in suspect charges by government contractors in Iraq--
costs deemed either unreasonable or unsupported by appropriate 
documentation.
    Congressional efforts to investigate government waste can 
lead to tremendous benefits for American taxpayers. GAO, which 
conducts investigations at the request of Members of Congress, 
reports that the financial benefits from its work in fiscal 
year 2006 alone totaled $51 billion.
    House Rule 10, Clause 2 recognizes Congress' critical 
oversight duties, establishing a process whereby each standing 
committee is required to adopt an oversight plan for that 
Congress. Under this rule, the Committee on Oversight and 
Government Reform is to review the various plans and, in 
consultation with the Speaker, the Majority Leader, and the 
Minority Leader, report to the House the oversight plans along 
with any recommendations that the House leadership and the 
Committee may have to ensure effective coordination.
    Pursuant to this rule, the Committee on Oversight and 
Government Reform has reviewed and consulted with House 
leadership about the oversight plans of the standing House 
committees for the 110th Congress. These plans outline an 
ambitious blueprint for meeting Congress' oversight 
responsibilities. The Oversight Committee has several 
recommendations regarding coordination of oversight in the 
House of Representatives.
    The committee first recommends that all committees draw on 
the wide variety of available oversight resources in their 
ongoing efforts to evaluate oversight needs and priorities. 
GAO, in particular, has vast experience both in conducting and 
evaluating the need for oversight. On January 9, 2007, GAO 
identified dozens of suggested areas for oversight for the 
110th Congress.\2\ GAO also recently issued its biannual ``High 
Risk'' report, which identifies government programs that are 
particularly vulnerable to waste, fraud, or abuse.\3\ Another 
valuable resource for congressional oversight is the agency 
Inspectors General, who can provide guidance to Congress 
through their audit plans and individual counsel. Committees 
should also review relevant court rulings, past committee 
legislative and oversight reports, and the findings of other 
experts.
---------------------------------------------------------------------------
    \2\ U.S. Government Accountability Office, Suggested Areas for 
Oversight for the 110th Congress (GAO-07-235R) (Nov. 17, 2006), sent by 
David Walker, Comptroller General of the United States, to 
Representative Henry A. Waxman, chairman, House Committee on Oversight 
and Government Reform (Jan. 9, 2007).
    \3\ U.S. Government Accountability Office, High Risk Series: An 
Update (GAO-07-310) (Jan. 31, 2007).
---------------------------------------------------------------------------
    In addition, in any oversight effort, the committees should 
seek the expertise of the Committee on House Administration and 
Committee on Standards of Official Conduct if any questions 
arise regarding appropriate use of House resources and the 
standards of conduct applicable to members and staff. The 
oversight plans submitted by these two committees reflect a 
commitment to ensuring that all House committees have the tools 
and guidance necessary to facilitate efficient and ethical 
oversight.
    Further, the task of ensuring accountability and 
appropriate policies on complex issues often requires the 
participation of multiple committees. Based on their respective 
jurisdictions and experience, different committees can lend 
varying types of expertise to the evaluation of a given matter. 
The oversight plans approved by the committees for the 110th 
Congress recognize that a number of key issues demand scrutiny 
by several different committees. With respect to such issues, 
the committees and subcommittees should be in close 
communication to ensure that they share the benefits of their 
findings and unique expertise, as well as to avoid duplication 
or redundancy.
    Part II below describes a few examples of important areas 
identified by committees on which these recommendations may be 
instructive.

                  II. Examples of Key Oversight Areas


                              CONTRACTING


    In recent years, the ``shadow government'' of private 
companies working under Federal contract has exploded in size. 
Between 2000 and 2005, procurement spending increased by over 
$175 billion, making Federal contracts the fastest growing 
component of Federal discretionary spending. Several committees 
plan to examine this growth in government reliance on 
contractors. The Committee on Homeland Security plans to focus 
its oversight attention in this area on the integration and 
coordination of procurement in the Department of Homeland 
Security's legacy components and on ensuring that effective 
management controls are put in place at the Department to 
prevent waste, fraud, and abuse. The Committee on Oversight and 
Government Reform plans to conduct oversight of contracting 
governmentwide, with a continuing focus on those contracts 
issued for services in Iraq. Other committees, including the 
Committees on Science and Technology, Energy and Commerce, 
Transportation and Infrastructure, and Veterans Affairs, plan 
to conduct oversight of contracts let by agencies under the 
committees' respective jurisdictions.


               ECONOMIC SECURITY AND CONSUMER PROTECTION


    House committees will also examine issues relating to 
economic security and consumer protection that greatly affect 
the lives of Americans without substantial economic means. The 
Committee on Financial Services will oversee many Federal 
assistance and consumer protection programs for housing, 
insurance, investment, and access to financial services. The 
Committee on Education and Labor plans to conduct oversight of 
Federal protections of workers' rights and the Federal effort 
to promote retirement security. The Committee on the Judiciary 
will oversee Federal efforts to protect consumers against 
fraud. The Committee on the Budget will evaluate whether the 
Federal budget appropriately reflects domestic priorities. The 
Committee on Energy and Commerce will examine Federal 
activities to ensure the widespread deployment and availability 
of technologies and services at reasonable rates.


                            EXECUTIVE POWER


    Another subject of significant House oversight will be the 
limits and use of executive power. The Committee on the 
Judiciary will look into a variety of concerns regarding 
unilateral exercise of executive branch authority, particularly 
where it affects individual rights and liberties. The 
Committees on Armed Services and Intelligence will review 
issues relating to the implementation of the Military 
Commission Act and the detention policies of the U.S. Military. 
In addition, the Permanent Select Committee on Intelligence 
plans to conduct an in-depth review of the President's NSA 
Surveillance Program. Both the Permanent Select Committee on 
Intelligence and the Committee on Oversight and Government 
Reform plan to examine the classification, over-classification, 
and selective declassification of executive branch material. 
Finally, the Committee on Appropriations will review budget 
requests for and the execution of intelligence activities.


                         GLOBAL CLIMATE CHANGE


    Global climate change is one of the most complex and 
significant issues that this Congress will address through both 
oversight and legislative action. Accordingly, multiple 
committees are planning oversight activities to consider the 
impacts of global warming on our environment and economy and 
policy options to avoid the worst potential effects.
    The Committee on Energy and Commerce is planning a broad 
review of the social, economic, cultural, and homeland security 
implications of climate change and policy options for 
responding to it. The Committee on Foreign Affairs is planning 
hearings to examine international aspects of global climate 
change. The Committee on Transportation and Infrastructure will 
be looking at the connection between transportation policy and 
energy policy in response to climate change concerns. The 
Committee on Natural Resources plans to examine renewable 
resource options, an effort that will contribute to our 
understanding of ways to mitigate the global climate change. 
The Committee on Oversight and Government Reform is examining 
the influence of politics on the public dissemination of 
findings of government scientists with expertise in global 
climate change.
    As Congress seeks appropriate policy options on global 
warming, effective oversight coordination among the appropriate 
committees could serve to advance initiatives that would 
promote emissions reductions, advance carbon sequestration--
both geologic and in soils and forests--and help the Nation 
prepare for unavoidable climate change. In addition, such 
coordination could benefit efforts to further international 
commitment to reduce greenhouse gases and to understand how the 
prospects for such an agreement could be affected by domestic 
action on global warming.


                                 HEALTH


    The Nation's health care system faces major challenges, 
including large and growing numbers of Americans without health 
care coverage, steeply rising health care costs, increases in 
preventable chronic disease, an emergency care system that is 
at the breaking point, and the threat of pandemic flu. A number 
of House committees will review these and other pressing public 
health issues. The Committee on Energy and Commerce plans to 
review the management of the Medicaid and Medicare programs by 
the Centers for Medicare & Medicaid Services [CMS], the ability 
of the Centers for Disease Control and Prevention to respond to 
disease outbreaks, and the capacity of the Food and Drug 
Administration to ensure the safety of drugs, medical devices, 
and the food supply. The Committee on Ways and Means plans to 
conduct oversight on the operation of the Medicare program and 
its administration by CMS, health insurance coverage, and 
emergency care. The Committee on Small Business plans to 
examine options for increasing affordable health insurance 
coverage for small employers. The Committee on Agriculture 
plans to review the Department of Agriculture's administration 
of meat and poultry inspection laws and FDA's food inspection 
activities. The Committee on Homeland Security plans to conduct 
oversight on the actions by the Department of Homeland Security 
[DHS] to provide for response capabilities to a biological 
event, including a pandemic flu outbreak. The Committee on 
Oversight and Government Reform has initiated investigations 
into pharmaceutical pricing and marketing.


                           HOMELAND SECURITY


    A number of committees will be conducting oversight to 
ensure the Nation is best prepared to address homeland security 
threats and domestic emergencies. Several committees will 
monitor Hurricane Katrina reconstruction efforts in New Orleans 
and the Gulf Coast. For instance, the Committee on Homeland 
Security will be evaluating the Department of Homeland 
Security's emergency preparedness and response plans in the 
wake of the disaster. The Committee on Financial Services will 
be overseeing federally provided housing in the region, and the 
Committee on Energy and Commerce will conduct oversight into 
the rebuilding of health services in the region. The Committee 
on Homeland Security also will review key aspects of Federal 
terrorism preparedness. The Committee on Transportation and 
Infrastructure will oversee programs administrated by the 
Department of Homeland Security and the Transportation Security 
Administration regarding the security of the civil aviation 
system. In addition, the Committee on Energy and Commerce will 
oversee efforts to ensure adequate emergency communications 
capabilities to first responders and the general public.


                          IRAQ AND AFGHANISTAN


    The House will devote considerable oversight resources to 
the ongoing war in Iraq, examining areas such as the number of 
troops on the ground, the security situation, and contracts to 
support reconstruction activities. The Committee on Armed 
Services, for example, plans to review the President's strategy 
for Iraq, the proper force strength, ongoing military 
activities, and the effectiveness of the Iraq Security Forces. 
The Committee on Foreign Affairs plans to look into both the 
military and reconstruction components of U.S. policy, and to 
monitor the Iraqi counter-insurgency efforts. The Committee on 
Oversight and Government Reform plans to oversee Iraq 
reconstruction with a focus on contracts with private companies 
that provide reconstruction assistance in Iraq. The Committee 
on Veterans Affairs will review whether the servicemen and 
servicewomen returning from duty in Iraq and other areas are 
receiving the health care, employment opportunities, and other 
support our Nation owes its veterans.
    Afghanistan is recognized as a front in the war on terror, 
and committees plan to increase attention to ensuring 
appropriate policy in that region. The Committee on Armed 
Services intends to review the status of the NATO forces and 
evaluate their ability to fight terrorism on the Afghani/
Pakistani border. The Committee on Foreign Affairs will also 
review U.S. policy toward Afghanistan, particularly the threat 
posed by the Taliban and the increase in narcotics production. 
The Committee on the Budget will examine the impact on the 
Federal budget of spending for efforts to combat terrorism in 
this region and other areas.

                            III. Conclusion

    The oversight plans approved by the standing House 
committees have set the House on a course toward ensuring 
accountability and appropriate policies on issues of concern to 
the American public. The Committee on Oversight and Government 
Reform will continue to work with the other House committees 
and the House leadership throughout the 110th Congress to 
promote effective congressional oversight.
    [The oversight plans of all House committees follow:]

    
    

  MINORITY VIEWS OF HON. TOM DAVIS, HON. CHRISTOPHER SHAYS, HON. DAN 
BURTON, HON. JOHN L. MICA, HON. MARK E. SOUDER, HON. CHRIS CANNON, HON. 
JOHN J. DUNCAN, JR., HON. MICHAEL R. TURNER, HON. DARRELL E. ISSA, HON. 
  KENNY MARCHANT, HON. LYNN A. WESTMORELAND, HON. PATRICK T. MCHENRY, 
     HON. VIRGINIA FOXX, HON. BRIAN P. BILBRAY, AND HON. BILL SALI

    In the 109th Congress, this committee proved once again 
that oversight matters. The committee and its seven 
subcommittees convened 256 investigative hearings on a very 
diverse portfolio of subjects, from contracting in Iraq to 
steroids in professional baseball. At the committee's request, 
the Government Accountability Office [GAO] produced 359 
reports, testimonies and briefings in support of oversight 
investigations and program reviews. As a result of this 
committee's oversight, billions of dollars worth of outright 
savings, avoidable costs and increased revenues have been 
identified and captured.
    Pursuant to the committee's broad jurisdictional grant 
under House Rules, and guided by the committee's Oversight 
Plan, investigations were pursued into matters affecting the 
``[o]verall economy, efficiency, and management of government 
operations and activities, including Federal procurement.'' \1\ 
In the course of that oversight, the committee and 
subcommittees uncovered wasteful spending, mismanagement, 
ineffective policy implementation, and poor interagency 
coordination.
---------------------------------------------------------------------------
    \1\ Rule X, clause 1(h)(6), Rules of the House of Representatives, 
109th Congress.
---------------------------------------------------------------------------
    Direct savings and other financial benefits identified as a 
result of the committee's GAO work alone now total $6.4 
billion.\2\ Current oversight yielded savings in areas such as 
the Department of Defense excess property reutilization system 
($42 million) and information technology investments at the 
Department of Interior ($80 million).
---------------------------------------------------------------------------
    \2\ The total represents the net present value in fiscal year 2006 
of financial benefits identified and accrued as a result of GAO 
findings and recommendations contained in work on which the Government 
Reform Committee was a requestor. The process used to calculate and 
review savings and other financial benefits attributed to GAO 
Recommendations is described at length in the Performance and 
Accountability Report for Fiscal Year 2005 at http://www.gao.gov/
new.items/d061sp.pdf. Accessed March 28, 2007. Savings and other 
benefits may be captured over 5 fiscal years.
---------------------------------------------------------------------------
    The minority agrees that one of Congress' main 
constitutional responsibilities is to conduct oversight 
regarding the scope of congressional hearings, and the minority 
agrees this is captured well by the Supreme Court in Watkins v. 
United States, namely

        The power of the Congress to conduct investigations is 
        inherent in the legislative process. That power is 
        broad. It encompasses inquiries concerning the 
        administration of existing laws as well as proposed or 
        possibly needed statutes. It includes surveys of 
        defects in our social, economic or political system for 
        the purpose of enabling the Congress to remedy them. It 
        comprehends probes into departments of the Federal 
        Government to expose corruption, inefficiency or 
        waste.\3\
---------------------------------------------------------------------------
    \3\ Watkins v. United States, 354 U.S. 178, 187 (1957).

However, the oversight power is not absolute. The Supreme Court 
finding relied on by the majority goes on to describe the need 
for a balanced approach to the use of an important 
---------------------------------------------------------------------------
constitutional authority:

        But, broad as is this power of inquiry, it is not 
        unlimited. There is no general authority to expose the 
        private affairs of individuals without justification in 
        terms of the functions of the Congress. This was freely 
        conceded by the Solicitor General in his argument of 
        this case. Nor is the Congress a law enforcement or 
        trial agency. These are functions of the executive and 
        judicial departments of government. No inquiry is an 
        end in itself; it must be related to, and in 
        furtherance of, a legitimate task of the Congress. 
        Investigations conducted solely for the personal 
        aggrandizement of the investigators or to ``punish'' 
        those investigated are indefensible.\4\
---------------------------------------------------------------------------
    \4\ Id.

    Effective, constructive oversight is much more a matter of 
due diligence and digging than depositions and sensational 
disclosures. The minority is concerned the majority may abuse 
the deposition authority provided to this committee under the 
110th House Rules. The minority also is concerned with the 
majority's practice of threatening subpoenas to witnesses 
unless they ``agree'' to transcribed interviews. These non-
deposition depositions, which were never anticipated in the 
formulation of the committee rules, allow for the abrogation of 
procedural rights and safeguards otherwise available to the 
minority and the witnesses. Without those protections, 
interviews happen with little or no notice, and selected 
excerpts from the resulting ``transcripts'' appear in press 
releases and unofficial committee documents.
    We hope the committee will continue to uncover waste, 
mismanagement and fraud in a non-partisan, non-abusive manner. 
To that end, the minority requests that the following oversight 
be conducted:

          LOn February 26, 2007, we requested the 
        committee conduct oversight on the implementation of 
        the REAL ID Act of 2005. The REAL ID Act requires the 
        Department of Homeland Security to establish security 
        standards for State drivers' licenses that will be used 
        for identification for Federal purposes, such as 
        boarding a commercial aircraft. Timely implementation 
        of these identification standards is critical to 
        improving national security. Yet, there have been 
        reports that at least 17 States have passed or are 
        considering resolutions opposing the implementation of 
        the REAL ID Act, and there are additional concerns over 
        the costs. The act authorizes making grants to States 
        and provides authority for the Secretary to grant 
        extensions of time if States ``provide adequate 
        justification for noncompliance.'' This committee 
        should examine the States' progress toward 
        implementation, including obstacles, and determine 
        whether full and timely implementation will subject 
        States to initial costs that warrant Federal support 
        and whether the Secretary has adequate authority to 
        extend the deadline for those States that encounter 
        real obstacles to full compliance by the May 2008 
        deadline.

          LOn March 21, 2007, we asked the committee to 
        continue its oversight into aviation security by 
        holding a hearing to examine whether current policies 
        on inspection of inbound air cargo adequately protect 
        Americans in the post-September 11th world. According 
        to TSA, approximately 200 carriers--foreign and 
        domestic--transported about 9.4 billion pounds of air 
        cargo into the United States in 2005. Approximately 40 
        percent of that, or about 4 billion pounds, were 
        shipped on passenger aircraft. A recent Government 
        Accountability Office report that Mr. Davis requested 
        has suggested that the Transportation Security 
        Administration and Border Protection take a variety of 
        steps to assess risks and vulnerabilities, share 
        information, implement an inspection plan, measure 
        compliance and join with industry and foreign 
        governments to identify security practices used 
        elsewhere that could strengthen DHS' programs.

          LThe majority plans to conduct oversight of 
        the Iraq war by focusing only on reconstruction 
        contracts with private companies. Since 2004, the 
        committee has been engaged in continuous and vigorous 
        oversight of contracting activities in the war zone, 
        including 5 full committee hearings, 14 subcommittee 
        sessions, numerous briefings from the agencies 
        involved, and review of thousands of documents from key 
        Federal agencies. Although continuing oversight over 
        reconstruction contracts is important for this 
        committee, we believe the majority's plans to focus 
        solely on contracting is too limiting. This committee 
        should conduct oversight across the board, by reviewing 
        what interagency coordination was conducted before 
        operations were launched, and how other agency 
        participation was supposed to help with the 
        reconstruction of Iraq and Afghanistan.

          LSince 2004, the committee has been 
        investigating conditions and medical processing systems 
        at Walter Reed and other Army medical holdover 
        hospitals. The investigation, which culminated in a 
        hearing in February 2005, uncovered serious stove-piped 
        processes, with no one responsible for assisting the 
        wounded through their care and disposition. The 
        committee ordered the Department of the Army to report 
        quarterly on actions taken to address the problems. 
        Lack of substantial efforts by the Army prompted Mr. 
        Davis to request Mr. Waxman hold a full committee 
        hearing on Walter Reed in February. Through the 
        experience of helping almost 100 individual soldiers 
        navigate the system, Mr. Davis helped draft legislative 
        proposals to bring immediate improvements to the 
        Department of Defense wide medical system. Continued 
        oversight is needed to assure what should be a major 
        overhaul of the Department of Defense medical 
        processing and assistance to the wounded.

          LThe committee has conducted vigorous 
        oversight of post-September 11th challenges that face 
        the National Guard and its personnel. Starting in 
        January 2004, the committee has held hearings on 
        Department of Defense programs that did not take into 
        account the growing reliance on the Reserve component 
        at home and abroad. Specifically, committee 
        investigations into payment travel reimbursement 
        problems affecting the Army Guard and Reserve, Federal 
        debt collection from the wounded, and stove-piped 
        medical hold processing systems, have resulted in 
        changes in Department of Defense personnel policies for 
        Reserve component soldiers and their families. The 
        committee also has held hearings challenging the 
        Department of Defense to better resource, equip and 
        train the National Guard in its historic role as first 
        military responders to homeland disasters. The 
        committee has heard testimony from some of our Nation's 
        Governors, in the continuing effort to improve Federal/
        State integrated disaster response.

          LButtressed by GAO studies sponsored by Mr. 
        Davis and the House Katrina Report, the committee has 
        found that the Department of Defense has continually 
        ignored its responsibility to equip the National Guard, 
        as it currently receives less than 10 percent of the 
        Department budget despite providing 45 percent of the 
        combat forces abroad and 99 percent of military 
        assistance to civilian authorities at home. In 2006, 
        Mr. Davis sponsored the bi-partisan, bi-cameral 
        National Guard Empowerment Act. Supported by the 
        National Governors, State Adjutants General, National 
        Guard Associations and its members, this bill would 
        allow for better planning, resourcing and 
        representation of the Guard at the Department of 
        Defense. This bill has been the focus of the work of 
        the Commission on National Guard and Reserve and has 
        been re-introduced in 2007. Mr. Davis has asked Mr. 
        Waxman to continue to build on this oversight by 
        holding hearings focused on correcting the inequalities 
        at the Department of Defense concerning active and 
        Reserve component soldiers and improving joint Federal 
        and State military planning, training and exercising 
        for man-made and natural-disaster response.

          LWe also strongly urge the committee to 
        continue the Subcommittee on Energy and Resources' 
        investigation of the Interior Department's Minerals 
        Management Service [MMS] over defective leases that 
        were signed in 1998 and 1999. MMS' failure to include 
        statutorily required royalty payments in offshore oil 
        leases already has cost taxpayers billions and if the 
        ongoing lawsuit to remove price thresholds in all 
        leases from 1996 to 2000 is successful, they could lose 
        up to $80 billion. The investigation should be 
        continued to insure MMS audit and compliance functions, 
        its structure, organization and personnel policies are 
        ensuring the full payment of royalties to the 
        government.

    The minority also has concerns with the manner in which 
certain current oversight investigations are being conducted:

          LWe have concerns with the committee's 
        handling of its investigation into how pharmaceutical 
        pricing may contribute to waste, fraud and abuse in 
        Federal health programs. The committee requested 12 
        sponsors of Medicare Part D prescription drug programs 
        to provide information regarding the price concessions 
        they have negotiated with drug manufacturers and the 
        plans' individual cost structures. Committee staffers 
        have indicated they will release the information per 
        findings of gross abuse. This information is highly 
        confidential, and therefore, it is critical for the 
        committee to be sensitive in handling the information. 
        Disclosure of proprietary business information--
        including pharmaceutical pricing information--can be 
        anticompetitive. The minority is concerned it could 
        result in higher, not lower, drug prices for consumers. 
        The Congressional Budget Office recently estimated 
        disclosure of this information could result in an 
        increase of $10 billion in Medicare costs over the next 
        10 years.

           LWhile the Medicare Part D program is off to a 
        strong start, we agree Congress should monitor the 
        program. However, any efforts to oversee the program 
        must take into account the confidential nature of the 
        plan's negotiations. Congressional oversight should not 
        undermine the plans' ability to negotiate further 
        discounts on behalf of Medicare beneficiaries.

          LIn the 109th Congress, then-Chairman Davis 
        held two hearings investigating climate change, 
        including the science of climate change, potential 
        impacts of climate change, and possible technological 
        solutions to climate change. The committee was 
        commended for stripping away partisan differences and 
        tackling one of the most important and critical issues 
        currently facing Americans. Additionally, the committee 
        opened its ongoing investigation into allegations of 
        political interference in climate change science by the 
        White House.

           LThe minority is concerned by the tone and manner of 
        this ongoing investigation. Specifically, the minority 
        recognizes scientists and policymakers rely upon one 
        another and, specifically, that the mere convergence of 
        politics and science does not in itself denote 
        ``interference.'' Further, the minority is concerned 
        the committee's inquiries may be moving from a 
        legitimate conversation about politics and science into 
        a potentially dangerous dynamic where the academic 
        freedom of scientists--especially those perceived to 
        have the ``wrong'' conclusions--is inhibited. The 
        minority is concerned current committee hearings 
        relating to issues of politicization of science are 
        entirely backwards-looking and would recommend more 
        proactive steps toward solving the growing threat of 
        climate change.

                                   Hon. Tom Davis.
                                   Hon. Christopher Shays.
                                   Hon. Dan Burton.
                                   Hon. John L. Mica.
                                   Hon. Mark E. Souder.
                                   Hon. Chris Cannon.
                                   Hon. John J. Duncan, Jr.
                                   Hon. Michael R. Turner.
                                   Hon. Darrell E. Issa.
                                   Hon. Kenny Marchant.
                                   Hon. Lynn A. Westmoreland.
                                   Hon. Patrick T. McHenry.
                                   Hon. Virginia Foxx.
                                   Hon. Brian P. Bilbray.
                                   Hon. Bill Sali.

                                 
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