Government Requests for Public Documents Under the Freedom of Information Act
The National Archives and Records Administration (NARA) plays a crucial role in ensuring transparency by managing the process of releasing government records. This article will delve into the three main methods for requesting these records: Freedom of Information Act (FOIA) requests, Mandatory Declassification Review (MDR) requests, and Special Review requests.
For classified documents, NARA does not have the authority to declassify information. Instead, these documents are sent to the appropriate equity agencies for review, which can make the process slower due to the complexities of coordination across multiple agencies. On the other hand, for unclassified documents, NARA FOIA staff conduct a line-by-line review, applying redactions as needed to remove sensitive but non-classified information and maximize the release of information.
Regarding Mandatory Declassification Review (MDR) requests under Executive Order 13526, which applies only to classified documents, the process is similar. NARA reviewers cannot declassify these documents themselves but must send copies of the classified documents to the equity agencies for their review and potential declassification. This process, too, can be slow due to the need for interagency coordination.
In addition, NARA conducts Special Review requests primarily for large volumes of unclassified records. Special Review involves a pass/fail review and tends to be faster but may not release all possible information. Any documents withdrawn from special review can still be requested via FOIA.
Here's a summary of the key points:
| Feature | Classified Documents | Unclassified Documents | MDR Requests (EO 13526) | |--------------------------------|----------------------------------------|-------------------------------------|-----------------------------------------| | NARA declassification authority| No | N/A | No | | Review process | Sent to equity agencies for review | Line-by-line review by NARA FOIA staff| Sent to equity agencies for review | | Review speed | Slow due to interagency coordination | Generally faster | Slow due to interagency coordination | | Redactions | Possible, but depends on equity agencies| Yes, redactions to maximize disclosure| Depends on equity agency decisions | | Type of request | FOIA | FOIA (esp. small volume) and Special Review (large volume)| MDR (only for classified docs) |
This process ensures classified information is protected while allowing maximum lawful disclosure of government records.
For those seeking to access government records, it's essential to understand these methods and choose the most appropriate one based on the volume and type of documents required. Generally, FOIA is the best method for requesting small volumes of records, while Special Review is best for requesting large volumes of unclassified records.
In relation to the handling of unclassified government records, NARA FOIA staff perform a thorough line-by-line review, applying necessary redactions to maintain transparency while preserving sensitive information. On the other hand, business entities, often interested in finance-related records, may find the Freedom of Information Act (FOIA) to be an effective means for requesting small volumes of unclassified records, as it generally ensures a faster process compared to other methods.
