Reading Room Document
Applicability of the Freedom of Information Act to the White House Office
This document discusses the applicability of the Freedom of Information Act (FOIA) to the White House Office and other entities within the Executive Office of the President. The conclusion reached is that the components of the White House Office, in the traditional or budgetary sense, are not considered "agencies" under the FOIA. The document presents questions for review, such as the status of other entities within the Executive Office, including the Domestic Council and the National Security Council. It also provides factors that should be determinative of whether a unit within the Executive Office is covered by the FOIA, such as functional proximity to the President and authority to make dispositive determinations. The document also addresses the status of the White House Office and urges sound planning for the future, including the fostering and strengthening of the concept of a separate "White House Office."
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit