U.S. Senator Daniel K. Akaka (D-Hawaii) voted to authorize issuing subpoenas to the Executive Office of the President and the Office of the Vice President as part of the Committee on Governmental Affairs' investigation into the collapse of Enron Corporation. The Committee has been engaged in a broad inquiry into whether the federal government could have detected or prevented the problems that led to Enron's collapse and the irregularities that have come to light as a result of that collapse.
On March 27, the Committee requested information from several federal entities on communications with Enron. In particular, the Committee sought information on White House communications with Enron and other federal agencies regarding Enron and the National Energy Policy. During the past eight weeks, however, the Committee has received little of the information requested from the White House while other federal entities complied with the Committee's request in a timely fashion. The White House did not take any steps to collect information until a month after the information was requested. Of the information submitted, the Committee repeatedly had to notify the Executive Office of the President that it was inadequate.
"This delay is striking since none of the other federal entities queried by the Committee, other than the White House, has challenged the Committee's right to obtain the requested information or asserted an intent to withhold responsive, non-privileged information," Akaka noted. "Each agency has been largely cooperative, and has been able to promptly respond to the Committee's information requests. "I am concerned that after numerous communications with the Committee, the White House has made only minimal efforts to produce the information requested. The White House sent an inadequate survey to only a fraction of the White House staff. Since then, it has agreed to check e-mail and WAVE records and ask additional survey questions. However, only after being threatened by subpoena did the Executive Office of the President offer to query a larger number of White House employees."
On Tuesday, White House Counsel Alberto Gonzales asked the Committee to refrain from issuing a subpoena and stated that he was preparing to provide additional information. However, the Committee found this response inadequate. "Even though the White House indicates – after much delay – that this information is forthcoming, I believe that, without a firm commitment to an adequate search for all responsive information or assurances that the White House will seek information regarding the President's or Vice President's contacts with Enron or communications between former employees and the company, we must move forward and approve the subpoena," Akaka said.
The Governmental Affairs Committee also favorably reported the National Homeland Security and Combating Terrorism Act of 2002 (S. 2452) to create a Department of National Homeland Security and a White House Office for Combating Terrorism to better protect the American public from terrorist threats. The Act directs the Secretary of Homeland Security and the Director of the White House Office to develop a national homeland security strategy.
The National Homeland Security and Combating Terrorism Act includes an amendment proposed by Senator Akaka to ensure agencies receive guidance from the Office of Management and Budget (OMB) on the actions they need to take to implement the national strategy.
"For many agencies homeland security is a new mission," remarked Akaka in explaining his amendment. "They require a clear definition of the national strategy's objectives and guidance on how to meet these goals. Agencies require routine feedback on their progress in implementing and executing the national strategy – before agencies can achieve success they need to know what success is and how to achieve it. My amendment directs OMB to guide federal agencies on the specific steps they must take to implement and execute the national strategy. Agencies are faced with rationalizing new homeland security missions with existing responsibilities. OMB should work with agencies to develop new ways to achieve their expanded missions."
The Akaka amendment also directs OMB to report to Congress on the progress agencies have made in implementing and executing the national strategy no later than 180 days after the strategy is submitted to Congress. Ninety days after submission of the OMB report, the General Accounting Office will report on agency progress and the management guidance provided by OMB. S. 2452 will be placed on the Senate Legislative Calendar pending consideration by the Senate.
