{
  "id": "RL31713",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL31713",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 100398,
      "date": "2004-03-08",
      "retrieved": "2016-04-08T14:25:46.632892",
      "title": "Walker v. Cheney: District Court Decision and Related Statutory and Constitutional Issues",
      "summary": "On January 29, 2001, President Bush established the National Energy Policy Development\nGroup\n(NEPDG), with Vice President Cheney serving as Chairman. Along with the Vice President, the\nNEPDG consisted of six executive department heads, two agency heads, and various other federal\nofficers. The NEPDG was tasked with developing a national energy policy \"designed to help the\nprivate sector, and government at all levels, promote dependable, affordable, and environmentally\nsound production and distribution of energy for the future.\"\n  Based on reports that meetings of the NEPDG included \"exclusive groups of non-governmental\nparticipants,\" Representative Waxman and Representative Dingell asked the General Accounting\nOffice (GAO) to initiate an investigation regarding the NEPDG's activities. Subsequent to initiating\nits investigation, GAO requested information from the Vice President regarding the names and titles\nof individuals present at any NEPDG meetings, including any non-governmental participants, as well\nas information pertaining to the purpose and agenda of the meetings, the process by which the\nNEPDG determined who would be invited to such meetings, and any minutes or notes produced. The\nVice President refused to provide the requested information, asserting that GAO did not possess the\nauthority to investigate the activities of the NEPDG. The Vice President further argued that GAO's\nrequest exceeded constitutional boundaries, even if authorized by statute. After several attempts to\nobtain the requested information were unsuccessful, GAO invoked its authority under 31 U.S.C.\nSection 716, which enables the Comptroller General to issue a demand letter requesting the release\nof relevant records and, ultimately, to sue for their production by a noncomplying agency. \n  After subsequent attempts to obtain the requested records were likewise unsuccessful, GAO\nfiled a suit for declaratory and injunctive relief to enforce its asserted statutory right of access to the\nrequested records on February 22, 2002. The Vice President responded by filing a motion to dismiss\non May 21, 2002, questioning GAO's statutory authority and arguing that the suit unconstitutionally\ninterfered with the functioning of the Executive Branch. On December 9, 2002, the United States\nDistrict Court for the District of Columbia dismissed the suit on standing grounds, holding that the\nComptroller General had not suffered a personal or institutional injury sufficient to merit judicial\nresolution of issues affecting the balance of power between Congress and the Executive Branch. The\ndecision in  Walker  has the potential to significantly limit the ability of GAO to exercise\nleverage in\nits oversight of the Executive Branch, and could be interpreted as casting doubt on the scope of\ncongressional power regarding the exercise and delegation of its investigative authority. The\nComptroller General announced on February 7, 2003 that GAO would not file an appeal of the\ndistrict court decision.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
  ],
  "topics": [
    "Constitutional Questions",
    "Energy Policy",
    "Foreign Affairs"
  ]
}