CQ TODAY
June 27, 2008 – 1:26 p.m.
Bill Seeks to Strengthen GAO Access to Executive Branch Documents

Lawmakers have proposed legislation that would increase the Government Accountability Office’s ability to obtain certain executive branch documents, and allow Congress’ watchdog to file a civil action in court if it is refused access.

The bill (HR 6388) is a “legislative repudiation” of a federal court’s decision in Walker v. Cheney, according to sponsor Henry Waxman, D-Calif., chairman of the House Oversight and Government Reform Committee. He introduced the bill Thursday.

Waxman referred to a 2002 case in which a district court ruled that then-GAO chief David M. Walker lacked the authority to demand information about Vice President Dick Cheney’s energy task force.

“One key provision in the bill clarifies that Congress authorizes GAO to pursue civil actions if federal agencies or the White House improperly withhold federal records,” Waxman said.

Waxman enlisted 18 committee chairmen to cosponsor the measure, which also would give the GAO access to trade secrets and drug pricing information.

“Efforts by executive branch officials to withhold information from GAO impedes Congress’ ability to legislate effectively,” Waxman wrote.

The measure contains provisions that would give the GAO the authority to subpoena and depose lower-level executive branch employees.

It also would allow more individuals access to proprietary information on Medicare drug prices, Food and Drug Administration “trade secrets” and Federal Trade Commission pre-merger reviews.

The White House threatened to veto a bill (HR 5683) in early June that contained such provisions. They were removed before the measure — which would give the GAO the power to provide retroactive pay raises — was passed by voice vote.

Source: CQ Today
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