What Happens to VP Biden’s Senate Office Documents When He Leaves?
Daniel Schuman
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With respect to the Freedom of Information Act, the case law is clear that claims against the Vice President cannot be sustained. As the U.S. District Court for the District of Columbia explained in 2002:

FOIA is only applicable to “agencies” and “agency records.” See generally 5 U.S.C. § 552. Entities within the Executive Office of the President whose “sole function is to advise and assist the President” are not agencies for purposes of FOIA. Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136, 155–56, 100 S.Ct. 960, 63 L.Ed.2d 267 (1980); Meyer v. Bush, 981 F.2d 1288, 1294 (D.C.Cir.1993). Defendants persuasively argue that the Vice President and his staff are not “agencies” for purposes of FOIA. See Meyer v. Bush, 981 F.2d at 1294 (expressing doubt as to whether FOIA applies to Vice President); cf. Armstrong v. Bush, 924 F.2d 282, 286 n. 2 (D.C.Cir.1991) (President and Vice President subject only to Presidential Records Act, not Federal Records Act).

Judicial Watch, Inc. v. Nat’l Energy Develop. Group, 219 F. Supp. 2d 20, 55 (2002).