Problem:
America First Legal (AFL) requested documents from the Government Accountability Office (GAO) regarding the operations of the Department of Health and Human Services’ (HHS) Office of Refugee Resettlement (ORR). GAO declined to comply with AFL’s request, stating, “As an agency responsible to Congress, GAO is not subject to the Freedom of Information Act.” In response, AFL appealed the denial, but GAO stood by its position, reiterating that it is not subject to FOIA. If AFL is successful, the decision will elucidate the President’s authority over GAO and other agencies that exercise executive functions but claim they answer to Congress instead of the President.
Action:
AFL sued GAO, arguing that GAO is an “executive agency” subject to FOIA, in part because it is led by executive officers who wield executive powers.
Result:
This case is currently being litigated.
