Hospital Energy Independence Act

Mr. Speaker, I rise today because I cannot support a tainted process. Congress generally, and the Oversight and Government Reform Committee specifically, has the duty and obligation to provide effective oversight. Congress should not be interrupted in that process, but neither should that process be sullied.

Under the Constitution, Congress has the authority to compel testimony and issue subpoenas. When the President of the United States exercises the right of Executive Privilege and there is a dispute over whether that exercise is a valid one, the matter should then be referred to the courts. I have stated this publicly and frequently. While Congress has the authority to compel the information being protected by the Presidential exercise of privilege, the process by which H.R. 706 has been brought to the floor has been tainted.

I voted for the Motion to Refer brought by Congressman John Dingell which called for a real investigation. The Majority on the Committee on Oversight and Government Reform rejected all Democratic witnesses. They would not allow Michael Mukasey, former Attorney General, and Kenneth Melson, former director of the Bureau of Alcohol Tobacco, Firearms and Explosives to testify before the Committee. While Congress has the authority take this to the courts, it is premature to use this authority before a full investigation has been conducted.

Secondly, I cannot support the injudicious context in which H.R. 706 finds its way before us today. This could be a meritorious process, but it has been tainted with partisan vitriol. This takes a fundamental right of Congress and propels it into a realm of partisan action with wild charges and abuse of power. There have been charges of Presidential cover-up, despite the Chairman of the Committee admitting there is no such evidence.

Both parties should have been able to work this out before we got to this situation. This is not how Congress should have proceeded. I cannot dignify a tainted process. I have joined my colleagues in abstaining from voting, on H.R. 706 as well H.R. 711.