## Facts

- A nonprofit organization sought information concerning alleged loss of millions of White House e-mails.
- It submitted a FOIA request to the Office of Administration (OA), a unit within the Executive Office of the President that provides administrative and operational support to the President and White House staff.
- The request sought records about the EOP’s e-mail system, analyses of system problems, records concerning retained or missing e-mails, efforts to locate missing e-mails, and proposals for a new e-mail records system.
- OA initially acted as though it would process the request, asking the requester to narrow scope or accept a revised timetable due to the request’s breadth.
- After the requester insisted on FOIA deadlines and sued to enforce the request, the parties briefly agreed to a production schedule.
- OA then asserted it was not covered by FOIA because it is not an “agency” within FOIA’s definition.

## Issues

1. Whether the Office of Administration is an “agency” under FOIA, making it subject to FOIA’s disclosure obligations.
2. Whether an Executive Office of the President component is covered by FOIA only if it exercises “substantial independent authority.”
3. Whether OA’s initial willingness to process the request can affect the statutory question of FOIA coverage.

## Decision

- The D.C. Circuit affirmed summary judgment for OA.
- The court held OA is not an “agency” under FOIA because it performs only operational and administrative tasks supporting the President and EOP staff and therefore lacks substantial independent authority.
- OA’s earlier conduct in treating itself as subject to FOIA did not control the legal determination of FOIA coverage.

## Legal Principles

- FOIA does not automatically apply to all components of the Executive Office of the President.
- Under D.C. Circuit precedent, an EOP unit is subject to FOIA only if it exercises substantial independent authority in carrying out specific functions.
- Units that provide advice to the President or furnish operational and administrative support, without independent policy or programmatic authority, fall outside FOIA’s definition of “agency.”
- The FOIA “agency” determination turns on the unit’s structure, functions, and the nature of authority it wields, not on the unit’s past characterizations or practices.
- Lack of authority to issue binding regulations, administer programs, or make decisions affecting private rights supports a finding that an EOP component lacks substantial independent authority.

## Conclusion

The court concluded that the Office of Administration’s mission and powers are limited to internal support functions for the President and White House staff, so it lacks the substantial independent authority required for FOIA coverage and is not obligated to process the FOIA request.


Citizens for Responsibility & Ethics in Washington v. Office of Administration, 566 F.3d 219 (D.C. Cir. 2009)