Walker v. Cheney: Statutory and Constitutional Issues Arising From the General Accounting Officeâs Suit Against the Vice President (CRS Report for Congress)
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| Release Date |
May 1, 2002 |
| Report Number |
RL31397 |
| Report Type |
Report |
| Authors |
T.J. Halstead, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
On January 29, 2001, President Bush established the National Energy Policy Development
Group
(NEPDG), with Vice President Cheney serving as Chairman. Along with the Vice President, the
NEPDG consisted of six executive department heads, two agency heads, and various other federal
officers. The NEPDG was tasked with developing a national energy policy "designed to help the
private sector, and government at all levels, promote dependable, affordable, and environmentally
sound production and distribution of energy for the future."
Based on reports that meetings of the NEPDG included "exclusive groups of non-governmental
participants," Representative Waxman and Representative Dingell requested information from the
Administration regarding the operations of the task force. Representatives Waxman and Dingell also
wrote to the General Accounting Office (GAO), requesting that it initiate an investigation regarding
the NEPDG's activities. Subsequent to initiating its investigation, GAO requested information from
the Vice President regarding the names and titles of individuals present at any NEPDG meetings,
including any non-governmental participants, as well as information pertaining to the purpose and
agenda of the meetings, the process by which the NEPDG determined who would be invited to such
meetings, and any minutes or notes produced. The Vice President refused to provide the requested
information, asserting that GAO did not possess the authority to investigate the activities of the
NEPDG. The Vice President further argued that GAO's request exceeded constitutional boundaries,
even if authorized by statute.
After several attempts to obtain the requested information were unsuccessful, GAO invoked
its authority under 31 U.S.C. Section 716, which enables the Comptroller General to issue a demand
letter requesting the release of relevant records and, ultimately, to sue for their production by a
noncomplying agency. GAO issued its demand letter on July 18, 2001, and, on August 17, 2001,
submitted a report to Congress declaring that the Vice President had persisted in his refusal to turn
over the information. After subsequent attempts to obtain the requested records were likewise
unsuccessful, GAO filed suit to enforce its asserted statutory right of access to the requested NEPDG
records on February 22, 2002.
The Comptroller General's suit marks the first time GAO has exercised its authority to sue an
Executive Branch entity in an effort to obtain information pursuant to 31 U.S.C. Section 716.
Accordingly, novel questions have been raised concerning the scope of GAO's authority to
investigate and compel information from Executive Branch entities such as the NEPDG. Likewise,
there are also significant constitutional issues at play regarding the delegation of investigative and
access enforcement authority to GAO by Congress, as well as the applicability of the presidential
communications privilege to the information at issue.
