Walker v. Cheney: District Court Decision and Related Statutory and Constitutional Issues (CRS Report for Congress)
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| Release Date |
March 8, 2004 |
| Report Number |
RL31713 |
| 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 asked the General Accounting
Office (GAO) to 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.
After subsequent attempts to obtain the requested records were likewise unsuccessful, GAO
filed a suit for declaratory and injunctive relief to enforce its asserted statutory right of access to the
requested records on February 22, 2002. The Vice President responded by filing a motion to dismiss
on May 21, 2002, questioning GAO's statutory authority and arguing that the suit unconstitutionally
interfered with the functioning of the Executive Branch. On December 9, 2002, the United States
District Court for the District of Columbia dismissed the suit on standing grounds, holding that the
Comptroller General had not suffered a personal or institutional injury sufficient to merit judicial
resolution of issues affecting the balance of power between Congress and the Executive Branch. The
decision in Walker has the potential to significantly limit the ability of GAO to exercise
leverage in
its oversight of the Executive Branch, and could be interpreted as casting doubt on the scope of
congressional power regarding the exercise and delegation of its investigative authority. The
Comptroller General announced on February 7, 2003 that GAO would not file an appeal of the
district court decision.
