Texas Insider Report: WASHINGTON D.C. U.S. Sen. Ted Cruz (R-Texas) today sent a letter to U.S. Secretary of the Treasury Jacob Lew regarding the departments refusal to supply key witnesses for an upcoming Senate Judiciary Committee oversight hearing about the rulemaking process for Obamacare subsidies.
This refusal is unacceptable and interferes with Congresss and this Committees obligation to ensure proper functioning of federal agencies and the federal rulemaking process Sen. Cruz wrote regarding his request for the appearance of Assistant Secretary for Tax Policy Mark Mazur Deputy Assistant Secretary for Tax Policy Emily McMahon and Deputy Tax Legislative Counsel for Tax Policy Cameron Arterton.
I am reiterating my request for your Department to voluntarily make Mr. Mazur Ms. McMahon and Ms. Arterton available for congressional testimony at our planned oversight hearing on June 4. If you do not opt to assist Congress and make all three individuals available voluntarily I may have no choice but to pursue other options including compulsory process to make them available for testimony.
Read the full text of the letter below:
May 27 2015
The Honorable Jacob Lew Secretary U.S. Department of the Treasury 1500 Pennsylvania Avenue NW Washington D.C. 20220
Dear Secretary Lew:
I am writing today regarding the Treasury Departments refusal to supply key witnesses for an upcoming Senate Judiciary Committee oversight hearing about the Patient Protection and Affordable Care Acts (PPACA) exchange subsidy rulemaking process. This refusal is unacceptable and interferes with Congresss and this Committees obligation to ensure proper functioning of federal agencies and the federal rulemaking process.
Last Thursday May 21 2015 my staff contacted your Department and requested the appearance of Assistant Secretary for Tax Policy Mark Mazur Deputy Assistant Secretary for Tax Policy Emily McMahon and Deputy Tax Legislative Counsel for Tax Policy Cameron Arterton at a planned oversight subcommittee hearing currently scheduled for Thursday June 4. Our understanding based on prior congressional oversight efforts1 is that these three current federal employees played instrumental roles in the drafting and implementation of PPACAs exchange subsidy rule.2 Given the significant questions that remain unanswered about the mechanics of the rulemaking process that led to this rule their input and therefore presence and testimony at the hearing is considered essential.
Yesterday Tuesday May 26 my staff had a conversation with Sandra Salstrom Deputy Assistant Secretary for Legislative Affairs on tax and budget issues who informed my staff that your Department would not be permitting Mr. Mazur Ms. McMahon or Ms. Arterton to testify at that hearing. The excuse provided by Ms. Salstrom was that your Department would not make these (or presumably other relevant) witnesses available for testimony because of pending litigation on the subject. For two main reasons this excuse is entirely invalid.
First Congress retains its right to conduct oversight of the executive branch at all times regardless of any perceptions of poor timing by or inconvenience to the executive branch. The Senate Judiciary Committee has obligations to ensure the proper functioning of the federal government at all times and not just during windows of convenience for political officials. Second your Departments pending litigation justification is without basis particularly given how you have provided at least one Department witness for the exact same topic during the pendency of other litigation over the last few years.3
I am reiterating my request for your Department to voluntarily make Mr. Mazur Ms. McMahon and Ms. Arterton available for congressional testimony at our planned oversight hearing on June 4. If you do not opt to assist Congress and make all three individuals available voluntarily I may have no choice but to pursue other options including compulsory process to make them available for testimony. Please note in the event we are compelled to use compulsory process to ensure the attendance of these witnesses the two-week courtesy notice prior to testimony is no longer applicable and these individuals can be summoned for testimony at any time deemed convenient for the Committee.
Please contact my office to confirm attendance of the above witnesses for June 4 or if you have any additional questions.
Sincerely
Ted Cruz Chairman Subcommittee on Oversight Agency Action Federal Rights and Federal Courts
cc: The Honorable Charles E. Grassley Chairmam Senate Committee on the Judiciary
The Honorable Patrick J. Leahy Ranking Member Senate Committee on the Judiciary
The Honorable Christopher Coons Ranking Member Subcommittee on Oversight Agency Action Federal Rights and Federal Courts
