Reading Room Document

Status of the National Security Council as an Agency Under the Freedom of Information Act

This document is a memorandum opinion addressing the question of whether the National Security Council (NSC) is considered an agency for Freedom of Information Act (FOIA) purposes. The conclusion reached is that the NSC is generally considered an agency under FOIA. However, the document also presents questions about whether the NSC might be considered not an agency for other purposes and which records held by the Council are considered agency records under FOIA. The document provides an in-depth analysis of the legislative history and statutory authority of the NSC, ultimately concluding that the NSC is an agency for FOIA purposes due to its substantial independent authority in the exercise of specific functions. Additionally, it discusses the potential constitutional claim to general immunity from FOIA and the impact of the Act on the NSC's ability to function in support of the President.

September 6, 1978