{
  "id": "RL31397",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL31397",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 101189,
      "date": "2002-05-01",
      "retrieved": "2016-05-24T20:11:07.912941",
      "title": "Walker v. Cheney: Statutory and Constitutional Issues Arising From the General Accounting Office's Suit Against the Vice President",
      "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 requested information from the\nAdministration regarding the operations of the task force. Representatives Waxman and Dingell also\nwrote to the General Accounting Office (GAO), requesting that it initiate an investigation regarding\nthe NEPDG's activities. Subsequent to initiating its investigation, GAO requested information from\nthe Vice President regarding the names and titles of individuals present at any NEPDG meetings,\nincluding any non-governmental participants, as well as information pertaining to the purpose and\nagenda of the meetings, the process by which the NEPDG determined who would be invited to such\nmeetings, and any minutes or notes produced. The Vice President refused to provide the requested\ninformation, asserting that GAO did not possess the authority to investigate the activities of the\nNEPDG. The Vice President further argued that GAO's request exceeded constitutional boundaries,\neven if authorized by statute.\n  After several attempts to obtain the requested information were unsuccessful, GAO invoked\nits authority under 31 U.S.C. Section 716, which enables the Comptroller General to issue a demand\nletter requesting the release of relevant records and, ultimately, to sue for their production by a\nnoncomplying agency. GAO issued its demand letter on July 18, 2001, and, on August 17, 2001,\nsubmitted a report to Congress declaring that the Vice President had persisted in his refusal to turn\nover the information. After subsequent attempts to obtain the requested records were likewise\nunsuccessful, GAO filed suit to enforce its asserted statutory right of access to the requested NEPDG\nrecords on February 22, 2002. \n  The Comptroller General's suit marks the first time GAO has exercised its authority to sue an\nExecutive Branch entity in an effort to obtain information pursuant to 31 U.S.C. Section 716.\nAccordingly, novel questions have been raised concerning the scope of GAO's authority to\ninvestigate and compel information from Executive Branch entities such as the NEPDG. Likewise,\nthere are also significant constitutional issues at play regarding the delegation of investigative and\naccess enforcement authority to GAO by Congress, as well as the applicability of the presidential\ncommunications privilege to the information at issue.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
  ],
  "topics": [
    "American Law",
    "Constitutional Questions",
    "Energy Policy"
  ]
}