I 

114TH CONGRESS 

2D SESSION H. R. 4922 

To amend section 552 of title 5, United States Code, to apply the requirements of the Freedom of Information Act to the National Security 

Council, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2016 

Mrs. WALORSKI introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To amend section 552 of title 5, United States Code, to 

apply the requirements of the Freedom of Information 

Act to the National Security Council, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transparency in Na5 tional Security Act of 2016’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) The Obama Administration has frequently 

2 stated their commitment to transparency and pub3 lished a Transparency and Open Government memo 

4 stating ‘‘Transparency promotes accountability and 

5 provides information for citizens about what their 

6 Government is doing.’’. 

7 (2) The National Security Council (NSC) is 

8 mandated by statute to advise the President with re9 spect to the integration of domestic, foreign, and 

10 military policies relating to the national security and 

11 to perform such other functions as the President 

12 may direct. 

13 (3) The NSC maintained an active Freedom of 

14 Information Act (FOIA) program and responded to 

15 requests under Presidents Ford, Carter, Reagan, 

16 and George H.W. Bush. 

17 (4) The 1996 case that eliminated the FOIA re18 quirement for the NSC, Armstrong vs Executive Of19 fice of the President, concluded that the NSC does 

20 not exercise sufficiently independent authority. 

21 (5) In the 20 years since the Armstrong case, 

22 former Secretaries and Cabinet officials, including 

23 Leon Panetta and Robert Gates, have spoken out 

24 concerning the increasing centralization of power at 

25 the White House, and the NSC in particular. 


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1 (6) The Obama Administration issued Presi2 dential Policy Directive 1 on February 13, 2009, 

3 which established the roles and responsibilities for 

4 the NSC and established the National Security Advi5 sor as the principal advisor to the President. 

6 (7) The NSC has grown 20 times in size since 

7 the 1960s and now has approximately 400 employ8 ees. 

9 (8) The NSC’s growth has accelerated in the 

10 recent administrations, the NSC doubled in size to 

11 approximately 100 under President Clinton, the 

12 NSC doubled in size again to approximately 200 

13 under President George W. Bush, and has doubled 

14 again under President Obama to nearly 400 employ15 ees. 

16 (9) Successive administrations have shifted the 

17 NSC’s role beyond coordinating and advising as was 

18 intended by the National Security Act of 1947 and 

19 now use the NSC as the final approval for military 

20 operations as well. 

21 (10) General Norton Schwartz, former Chief of 

22 Staff of the Air Force stated, ‘‘The NSC should not 

23 be activists. They should have a limited, if any role, 

24 in execution.’’. 


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1 (11) Brent Scowcroft, National Security Advi2 sor to Presidents Ford and George H.W. Bush stat3 ed, ‘‘The basic rule is that you shouldn’t have so 

4 many people that you can duplicate the work of the 

5 departments.’’. 

6 (12) The Presidential Records Act has been ap7 plied to the NSC, given the NSC’s growing auton8 omy and level of responsibilities, the NSC should in9 stead follow the disclosure requirements of the FOIA 

10 and be obligated to preserve its records in accord11 ance with the Federal Records Act. 

12 SEC. 3. APPLICATION OF THE FREEDOM OF INFORMATION 

13 ACT TO THE NATIONAL SECURITY COUNCIL. 

14 Section 552(f)(1) of title 5, United States Code (com15 monly referred to as the Freedom of Information Act), 

16 is amended by inserting ‘‘and the National Security Coun17 cil’’ after the ‘‘Executive Office of the President’’. 

18 SEC. 4. APPLICATION. 

19 The amendment made by section 3 shall apply with 

20 respect to any record created by the National Security 

21 Council before, on, or after the date of the enactment of 

22 this Act. 

Æ 


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