Sunshine Week Special: NARA’s Oldest FOIA Request- At 26 Years Old- Is About to Get Kicked Off Its Parent’s Insurance
The National Archives and Records Administration oldest pending FOIA request is about to turn 26 years old, according to NARA’s 2019 Fiscal Year Annual FOIA Report. To put this delay in perspective, the 1994 FOIA request is so old that it is nearing one of the last benchmarks of young adulthood: being forced off your parent’s health insurance plan. The report was released in anticipation of Sunshine Week, the annual nationwide celebration of open access to public information, which begins today, March 16th. Check out the Archive’s 2020 audit, which found that over the past four years nearly three quarters of the White House decisions have contradicted the President’s claim that he is “the most transparent President in history.”
NARA’s 1994 FOIA request indicates that the agency’s chronic processing delays have worsened since the Archive’s 2019 Sunshine Week audit, which found that in FY2018, the oldest report was from 1993, or 25 years old. The FY2019 FOIA report also shows that NARA’s oldest administrative appeals are aging too; an October 2012 appeal has been the agency’s oldest for five years.
The Nation Security Archive’s 2019 Sunshine Week Audit found a correlation between agencies with oldest FOIA requests and those with the largest FOIA backlogs. After parsing through annual FOIA Reports, the survey found that delays are frequently the result of “referral black holes.” Despite being costly, redundant, and inefficient, agencies regularly refer FOIA requests to any agency with possible equities, resulting in often decades-long delays and the re-review of the same document multiple times.
Agencies are required to send their annual FOIA reports to the Department of Justice’s Office of Information Policy. As of writing this, 11 out of 15 departments and 83 out of 100 agencies have posted their FY2019 Annual Reports. While NARA has published its FY2019 report on its website, OIP has yet to add it to their own site. 17 other agencies that have published their FY2019 reports online have not been added to OIP’s site. The OIP reports page- particularly for historic reports-is plagued by broken links, such as the DOD’s FY2019 and FY2018 annual FOIA reports. This makes it impossible for the public to access previous FOIA statistics and chart agencies’ progress.
The National Security Archive has conducted 19 audits since 2002. Modeled after the California Sunshine Survey and subsequent state “FOI Audits,” the Archive’s FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Read our newest audit here. Check out our previous audits below:
- Agencies Struggling to Respond to FOIA Requests for Email
- The Ashcroft Memo: “Drastic” Change or “More Thunder Than Lightning”? (2003)
- Justice Delayed is Justice Denied: The Ten Oldest Pending FOIA Requests (2003)
- A FOIA Request Celebrates Its 17th Birthday: A Report on Federal Agency FOIA Backlog (2006)
- Pseudo-Secrets: A Freedom of Information Audit of the U.S. Government’s Policies on Sensitive Unclassified Information (2006)
- File Not Found: 10 Years After E-FOIA, Most Federal Agencies are Delinquent (2007)
- 40 Years of FOIA, 20 Years of Delay (2007)
- Mixed Signals, Mixed Results: How President Bush’s Executive Order on FOIA Failed to Deliver (2008)
- 2010 Knight Open Government Survey: Sunshine and Shadows: The Clear Obama Message for Freedom of Information Meets Mixed Results (2010)
- 2011 Knight Open Government Survey: Glass Half Full: Freedom of Information Change, But Many Federal Agencies Lag in Fulfilling President Obama’s Day One Openness Pledge (2011)
- 2011 Knight Open Government Survey: Eight Federal Agencies Have FOIA Requests a Decade Old (2011)
- Outdated Agency Regs Undermine Freedom of Information (2012)
- Freedom of Information Regulations: Still Outdated, Still Undermining Openness (2013)
- Half of Federal Agencies Still Use Outdated Freedom of Information Regulations (2014)
- Most Agencies Falling Short on Mandate for Online Records (2015)
- Saving Government Email an Open Question with December 2016 Deadline Looming (2016)
- Three out of Five Federal Agencies Flout New FOIA Law
- 25-Year-Old FOIA Request Confirms FOIA Delays Continue Unabated
- How Transparent is Trump?
Comments are closed.
The National Archives and Records Administration (NARA) understands the National Security Archive’s concern about NARA’s oldest FOIA cases. The good news is that NARA was able to close the 1994 case in November 2019 (based on a required third agency declassification review). We’ve since closed seven of our current ten oldest cases, which now means our oldest FOIA case is from 2004. While 16 years is still too long for a requester to have to wait for a complete response, NARA is doing as much as we can with our limited resources to respond to all FOIA requesters.
Gary M. Stern
NARA General Counsel and Chief FOIA Officer