While it is likely that the Obama Administration will continue to be a major focus of GOP-led oversight inquiries in 2016, industry stakeholders, particularly those affected by legislation or proposed regulations, should also expect to face additional scrutiny.
Since taking control of the House in 2010 and the Senate in 2014, GOP committee leaders have launched multiple investigations and held numerous hearings on executive branch activities, including agency rulemaking and implementation of the Affordable Care Act (“ACA”) (P.L. 111-148, P.L. 111-152). In November, multiple congressional committees launched inquiries in response to the closures of many state Consumer Operated and Oriented Plans (CO-OPs).1 This year, we expect oversight committees to continue their focus on federal health agencies’ efforts to implement and promote some of ACA’s more controversial provisions.
As the Obama Administration enters its final year, federal agencies are moving with great urgency to finalize a wide range of proposed rules and regulations. Another area of likely Congressional interest will continue to be rulemaking efforts by the Environmental Protection Agency (EPA). In a recent blogpost on the President’s climate agenda, EPA Administrator McCarthy stated, “Heading into 2016, EPA is building on a monumental year for climate action—and we’re not slowing down in the year ahead.”2 Given the recent Paris Climate Agreement and pending EPA climate-related rules, the EPA will likely face increased congressional oversight scrutiny, particularly from the Senate Environment and Public Works (EPW) Committee. In response to the Administration’s announcement of the Paris Climate Agreement, EPW Chairman Jim Inhofe (R-OK) stated, “The Senate EPW Committee will continue oversight of the president’s climate agenda and the final Paris climate ‘agreement.’ Many questions have remained unanswered since the administration refused to testify in October to its plans to meet emissions reduction targets. I will invite key administration officials from EPA, CEQ and the State Department to testify early next year to assess the Senate’s role and explain what exactly this final agreement means for the American people.”3
Just as major legislative initiatives, such as comprehensive tax reform and national energy policy, could result in related oversight action by the committees of jurisdiction, policy issues receiving extensive national media coverage could also be considered high priorities for congressional oversight committees. Representative examples include the following:
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Prescription Drug Pricing: This issue continues to attract substantial national media attention and has emerged as a policy focal point for presidential candidates and members of congress on both sides of the aisle. Not surprisingly, industry and government stakeholders are facing increased scrutiny from congressional oversight committees on drug pricing policies. Of particular note is the Senate Aging Committee’s investigation, launched by Chairman Susan Collins (R-ME) and Ranking Member Claire McCaskill (D-MO) this past November.4 The Committee has already held one hearing and is expected to hold additional hearings later this year.
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Major Corporate Mergers and Acquisitions: House and Senate Judiciary Antitrust Subcommittees could hold hearings on major proposed corporate mergers in the health insurance, telecommunications and beverage manufacturing industries.
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Concussions: In December, House Energy & Commerce Committee Chairman Fred Upton (R-MI) announced that the Committee would be “commencing a broad review of these injuries and their implications in the New Year.”5 The Committee has already announced its intent to seek input from the medical community as well as professional and collegiate sports organizations. Other oversight committees of jurisdiction will likely be launching similar inquiries, focusing both on private sector stakeholders and government health agencies.
Congressional Oversight Committees: Key Players
Enclosed is a list of House and Senate committees expected to be active on oversight matters this year. The committees’ leadership should remain largely the same.
House:
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Energy & Commerce Committee: Chairman Fred Upton (R-MI); Ranking Member Frank Pallone (D-NJ)
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Oversight & Investigations Subcommittee: Chairman Tim Murphy (R-PA); Ranking Member Diana DeGette (D-CO)
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Oversight & Government Reform Committee: Chairman Jason Chaffetz (R-UT); Ranking Member Elijah Cummings (D-MD)
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Ways & Means Committee: Chairman Kevin Brady (R-TX); Ranking Member Sander Levin (D-MI)
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Oversight Subcommittee: Chairman Peter Roskam (R-IL) Ranking Member John Lewis (D-GA)
Senate:
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Banking Committee: Chairman Richard Shelby (R-AL); Ranking Member Sherrod Brown (D-OH)
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Commerce Committee: Chairman John Thune (R-SD); Ranking Member Ben Nelson (D-FL)
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Environment and Public Works (EPW) Committee: Chairman James Inhofe (R-OK); Ranking Member Barbara Boxer (D-CA)
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Finance Committee: Chairman Orrin Hatch (R-UT); Ranking Member Ron Wyden (D-OR)
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Judiciary Committee: Chairman Charles Grassley (R-IA); Ranking Member Patrick Leahy (D-VT)
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Permanent Subcommittee on Investigations (PSI): Chairman Rob Portman (R-OH); Ranking Member Claire McCaskill (D-MO)
1 Senate Finance and HELP Committees Press Release (11/2/2015): “Hatch, Alexander Press Administration on Failed Obamacare CO-OPs, Question Accounting Methods,” See: http://www.finance.senate.gov/newsroom/chairman/release/?id=f74b8e9e-45dd-417a-ac88-dc55ccb3ae33
2 EPA Connect Blog Post by Administrator McCarthy (1/4/2016): https://blog.epa.gov/blog/2016/01/in-2016-were-hitting-the-ground-running/
3 Senate EPW Committee Press Release (12/12/2015): “Inhofe Statement on Final COP21 Climate Deal,” See: http://www.epw.senate.gov/public/index.cfm/press-releases-republican?ID=59BD6386-5E65-4A22-81BE-352770A6FFCB
4 Senate Special Committee on Aging Press Release (11/4/2015): “Collins, McCaskill Open Senate Investigation into Rx Drug Pricing, Announce Intention to Hold Hearings,” See: http://www.aging.senate.gov/press-releases/collins-mccaskill-open-senate-investigation-into-rx-drug-pricing-announce-intention-to-hold-hearings
5 House Energy & Commerce Committee Press Release (12/22/2015): “Upton Announces Broad Review of Concussions in the New Year,” See: http://energycommerce.house.gov/press-release/upton-announces-broad-review-concussions-new-year
