Hearing of the Committee on Rules
Open Hearing to receive Member testimony on proposed changes in House Rules
I would like to thank you, Mr. Chairman, for holding this hearing to examine potential changes to the Rules of the House. I am here today to talk about proxy voting and address some of the concerns members of both parties have with this issue. I would also like to talk about another very important topic: deposition authority. There are a few basic points that go to the heart of why I believe proxy voting is good for the legislative process and more importantly the work we do for the American people.
First, I am aware that you Mr. Chairman and our party led the movement to abolish proxy voting in 1995. Knowing that, I thank you for allowing me to speak on this issue. When we took control of the House in 1995, we adopted a number of reforms. These changes were very successful, and I believe this institution is a better place because of it. However, like anything else, after 5 or 6 years, it is appropriate to reassess what we have done. I think proxy voting is one area we can improve to make Congress even more efficient. Historically, many people have believed that proxy voting would simply enhance the power of Committee and Subcommittee Chairs. However, I believe that the elimination of proxy voting has only slowed down the legislative process and further inconvenienced members who have commitments in other committees.
There are members of the Committee on Government Reform, who serve on three full committees, and I know of one member who serves on four full committees. These memberships, along with the six to seven subcommittees they serve on, inevitably put a strain on members to be in two or even three places at once. For example, I have had members who interrupted important committee hearings they were chairing in the Longworth building to race all the way over to the far end of the Rayburn building for a vote. In some cases they went though all the trouble to get here, only to miss the vote.
Contrary to popular belief, proxy voting does not promote absenteeism by members. In fact it allows members to make better scheduling decisions on what committee functions are most important to their constituents. I am sure we can all agree that we are expected to be many places at once. Under proxy voting, members will no longer have to be pulled from an important full committee or subcommittee meeting simply for an inconsequential procedural vote in another committee. Proxy voting will also allow us to give the respect and full attention to witnesses, who have specific expertise and information, which could be vital to issues with real consequences. The end must justify the means when it comes to allocating our time. We have to let members prioritize and focus their attention on what is most important to their constituents. When we look at all of this information, I believe it all points to the benefits of proxy voting. That is why I ask that you take all of these facts under consideration when deciding whether or not to reinstate proxy voting.
There is a second issue I would also like to address, deposition authority. One of Congress' major responsibilities to the American people is our charge with conducting oversight. This is not the most glamorous part of our job but it is arguably our most important. We have the responsibility to oversee the executive branch and make sure they are implementing the law properly.
Oversight investigations are hard work, and more often than not you do not get a lot of cooperation. I can testify personally to this fact. In our committee we had 122 witnesses take the Fifth and flee the country. If this were not bad enough, we have scores and scores of witnesses with selective memory loss. A cottage industry has grown up in this town of law firms that specialize in thwarting congressional investigations. You cannot conduct an investigation without being able to interview people. If a person refuses to be interviewed right now, our only alternative is to issue a subpoena and question them at a hearing. Under the five-minute rule it is difficult to pursue a line of questioning. That, along with constantly being pulled away for floor votes, makes the job all the more difficult. Committees should have the authority to take depositions. They would alleviate this problem. If witnesses know a committee has the authority to make them come in for a deposition, they will have more of an incentive to cooperate. If we have that stick, I don't think we'll have to use it very often.
On the Senate side, the Governmental Affairs Committee has an oversight and investigations subcommittee. Their subcommittee has permanent deposition authority. I believe we should give the same authority to our House committees.
This change would make the House a more effective institution, and improve the quality of our oversight.
As chairman of the Government Reform Committee I am charged with pointing out places where our government could be more effective. I believe that the two changes I have proposed will not only save time, they will also make our institution more efficient.
