45th Birthday of U.S. Freedom of Information Act

Eight Federal Agencies Have FOIA Requests a Decade Old, According to Knight Open Government Survey

Oldest Pending Request Now 20 Years Old,
Still on Referral Among Multiple Agencies

National Security Archive Marks 45th Birthday of U.S. Freedom of Information Act,
Exposes Backlog Problems, Posts 45 Examples of FOIA Impact

Washington, D.C., July 4, 2011 - Forty-five years after President Johnson signed the U.S. Freedom of Information Act into law in 1966, federal agency backlogs of FOIA requests are growing, with the oldest requests at eight agencies dating back over a decade and the single oldest request now 20 years old, according to the Knight Open Government Survey by the National Security Archive at George Washington University (www.nsarchive.org).

The Knight Survey of the oldest requests utilized the FOIA to examine the actual copies of the oldest requests from the 35 federal agencies and components that process more than 90 percent of all FOIAs. It shows that the oldest requests in the U.S. government were submitted before the fall of the Soviet Union. These unfulfilled requests – some are for documents that are themselves more than 50 years old – are victims of an endless referral process in which any agency that claims “equity” can censor their release.

The Freedom of Information Act requires agencies to process and respond to a request within 20 business days, with the possibility of a ten-day extension under “unusual circumstances.” In his March 19, 2009 government-wide memo on FOIA, Attorney General Eric Holder declared that “long delays should not be viewed as an inevitable and insurmountable consequence of high demand.” Despite this, the Knight Survey shows that some FOIAs remain marooned for decades. {read more}