The Power of Secrecy and the Secrecy of Power: FACA and the National Energy Policy Development Group

Abstract

One of President George W. Bush's first official acts was to charter an advisory committee that would make recommendations for a new American energy policy. While the National Energy Policy Development Group was officially made up only of government employees, journalists and watchdogs suspected that the committee was inappropriately meeting with representatives of energy firms. Two citizens' groups brought suit under the Federal Advisory Committee Act (FACA) to unveil the secrecy surrounding the National Energy Policy Development Group and its policymaking processes. The ensuing court battle revealed the weaknesses of FACA and its paradoxical use by the Bush Administration in continuing the very same government secrecy that the act is intended to prevent. This article examines a particular case of secrecy in the Bush Administration—the formulation of energy policy by Dick Cheney's energy task force—with an analysis of the known activities of the group and the history of citizen challenges to its secrecy. The article then considers the effectiveness, or ineffectiveness, of the Federal Advisory Committee Act as a safeguard against government secrecy.