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Justice Delayed is Justice Denied

The Ten Oldest Pending FOIA Requests

The National Security Archive
Freedom of Information Act Audit

 
Press Release
Executive Summary
The Ten Oldest FOIA Requests in the Federal Government
Chart - Agency Response Times
Table - Oldest Outstanding FOIA Requests
Methodology
Findings Regarding The Ten Oldest FOIA Requests and FOIA Backlogs
Summary Discussion of Individual Agencies
Update on Phase One: The Ashcroft Memorandum
FOIA Audit Phase One: The Ashcroft Memo

 

 

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DEPARTMENT OF ARMY
18 DAYS TO RESPOND TO ARCHIVE; OUTSTANDING REQUESTS AS OLD AS 2 YEARS
INTELLIGENCE AND SECURITY COMMAND REQUESTS AS OLD AS 14 YEARS

Recordkeeping Issues - The Department of Army's initial response to the FOIA request reported that it maintains no "centralized index of requests under the FOIA." The Archive was provided with a list of 54 Initial Denial Authorities that potentially could have pending FOIA requests and advised that we would be required to file a FOIA request with each one in order to obtain the agency's Ten Oldest FOIA Requests. It was not feasible for the Archive to more than double the scope of its FOIA Audit by making an additional 53 requests for the Army's Ten Oldest FOIA Requests. Accordingly, the Archive made a subsequent request to the Administrative Assistant to the Office of the Army. The Archive later filed additional requests with the five components of the Army that receive the greatest number of FOIA requests.
Ten Oldest - In order to obtain a representation of the Army's Ten Oldest FOIA Requests, the Archive refiled the request with the Administrative Assistant to the Secretary of the Army. That office is responsible for the administration, operation, and management of a broad range of support systems of the Department of the Army, Office of the Secretary, the Headquarters, Department of the Army and its serviced elements. It responded within 18 business days and provided requests dating from October 18, 2001 to May 1, 2002. Of these FOIA requests, six appear to be commercial requests concerning awarded contracts or task/delivery orders. The other four are news media requests: three from American Lawyer Media and one from the LA Times. The media requests concern (1) the Office of General Counsel Suspense Report database; (2) "the backlog of FOIA Administrative appeals in the Office of General Counsel of the Army"; (3) the report of the Institute for Creative Technologies summarizing terrorist scenarios suggested by Hollywood producers and writers; and (4) the administrative tracking file concerning an administrative appeal of an Army field manual. These backlogged requests are not really representative of the Army's backlog, however. As noted above, the Archive also sought responses from the five Army components that receive the largest number of FOIA requests. These also demonstrated backlogs of various lengths: Corps of Engineers (June 6, 2002-June 27, 2003); Intelligence and Security (October 5, 1989-October 3, 1999); Criminal Investigation Command (March 22, 2000-June 26, 2003); Materiel Command (No response to date); Total Army Personnel (March 5, 2001-February 14, 2002).
Workload Statistics - Although Army's FOIA reported statistics from 1998 through 2002 indicate that the agency has received a diminishing number of FOIA requests (down 33% from 36,306 in 1998 to 28,084 in 2002), the number processed each year also has decreased (down 37% from 37,842 processed in 1998 to 27,744 processed in 2002). Army's processing rate per year -- a comparison of the number of requests processed to the number received -- decreased from 104.23% in 1998 to 98.79% in 2002.
Backlog Statistics - The Army's backlog of pending FOIA requests has increased (from 2,438 FOIA requests pending at the end of 1998 to 3,652 FOIA requests pending at the end of 2002). Its backlog as a percentage of FOIA requests processed each year has increased from 6.44% in 1998 to 13.16% in 2002. Its backlog rate by year - a comparison of those pending at the end of the year to those received during that year - has increased from 6.72% in 1998 to 13% in 2002.
Processing Time - Under its two track system, Army reports a median processing time for simple requests within the statutory timeframe (20 days in 2002), while complex requests have ranged from a median of 41 days to 27 days over the 1998-2002 time period, with 33 days reported for 2002. Expedited requests have a median processing time range of 5-10 days over the 1998-2002 time period. Although none are recorded for 2001 or 2002. The median days that backlogged requests have been pending is reported as 25 for 2002. As noted above, however, there are requests pending with the five components of the Army that receive the greatest number of FOIA requests that are far older, and even as old as 3500 business days (14 years).

 

TEN OLDEST REQUESTS

Army-Administrative Assistant to the Secretary

Adm Asst Secretary Response Letter

Adm Asst Secretary October 18, 2001 Letter

Adm Asst Secretary November 27, 2001 Letter

Adm Asst Secretary November 28, 2001 Letter

Adm Asst Secretary March 1, 2002 Letter

Adm Asst Secretary March 6, 2002 (Response 1) Letter

Adm Asst Secretary March 6, 2002 (Response 2) Letter

Adm Asst Secretary March 7, 2002 Letter

Adm Asst Secretary March 21, 2002 Letter

Adm Asst Secretary March 25, 2002 Letter

Adm Asst Secretary April 29, 2002 Letter

 

Army Corps of Engineers

Engineers Response Letter

Engineers June 6, 2002 Letter

Engineers July 3, 2002, Letter

Engineers February 26, 2003 Letter

Engineers March 25, 2003 Letter

Engineers April 14, 2003 Letter

Engineers April 16, 2003 Letter

Engineers April 18, 2003 Letter

Engineers June 9, 2003 Letter

Engineers June 16, 2003 Letter

Engineers June 27, 2003 Letter

 

Army Criminal Investigation Command

Criminal Investigation Response Letter

Criminal Investigation March 22, 2000 Letter

Criminal Investigation March 17, 2003 (1) Letter

Criminal Investigation March 17, 2003 (2) Letter

Criminal Investigation April 6, 2003 Letter

Criminal Investigation April 15, 2003 Letter

Criminal Investigation April 21, 2003 (1) Letter

Criminal Investigation April 21, 2003 (2) Letter

Criminal Investigation April 22, 2003 Letter

Criminal Investigation June 25, 2003 Letter

Criminal Investigation June 26, 2003 Letter

 

Intelligence and Security Command

Intelligence and Security Response Letter

Intelligence and Security October 5, 1989 Letter

Intelligence and Security July 18, 1996 Letter

Intelligence and Security September 17, 1996 Letter

Intelligence and Security November 12, 1996 Letter

Intelligence and Security December 4, 1998 Letter

Intelligence and Security April 3, 1999 Letter

Intelligence and Security September 16, 1999 Letter

Intelligence and Security September 22, 1999 Letter

Intelligence and Security October 3, 1999 Letter

Intelligence and Security Undated Letter

 

Total Army Personnel Command

Army Personnel Response Letter

Army Personnel Response March 5, 2001 Letter

Army Personnel Response January 16, 2002 Letter

Army Personnel Response January 18, 2002 Letter

Army Personnel Response February 4, 2002 Letter

Army Personnel Response February 10, 2002 Letter

Army Personnel Response February 11, 2002 Letter

Army Personnel Response February 14, 2002 (1) Letter

Army Personnel Response February 14, 2002 (2) Letter

Army Personnel Response February 21, 2002 (1) Letter

Army Personnel Response February 21, 2002 (2) Letter

 

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