Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS HEARING ENTITLED
“THE SILICOSIS STORY: MASS TORT SCREENING
AND THE PUBLIC HEALTH”

July 26, 2006

This Subcommittee has spent much time on this narrow public health issue, yet other major public health issues also require our attention. So, I join the rest of my Democratic colleagues in questioning whether this investigation is the best use of the Subcommittee’s limited time and resources. You, however, have conducted this inquiry with fairness and we have supported each of the procedural steps that you and Chairman Barton have taken to acquire the documents and testimony necessary to this investigation.

It is the responsibility of the Chair to protect the rights of the Congress to acquire the information necessary to the promulgation of just and effective laws and the oversight of their proper administration. With that responsibility comes a certain amount of discretion regarding the conduct of inquiries such the one we are engaged in today. If documents are needed, then the Committee should have them.

Among the prerogatives of the Chair is the discretion to decide what documents and testimony are necessary. This discretion includes whether or not to honor a claim of attorney/client privilege, a privilege that may apply in courts of law but not automatically in Congress.

If the subjects of our inquiries find our requests are truly burdensome or problematic then those concerns should be addressed. However, making overly imaginative claims of privilege, refusing to discuss those claims, providing inadequate privilege logs and/or failing to conduct adequate searches suggests that someone is choosing to pick a fight.

Mr. Chairman, you have the discretion as to how you and Chairman Barton want to proceed. And you will have my support in upholding the right of the Committee to obtain information needed to conduct a proper inquiry.

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(Contact: Jodi Seth, 202-225-3641)