Civic ClarityNeutral civic explainers

Fix USA Plan / Civic Clarity / Records

Factual Explainer

Public records · Declassification · Appeals

Records, FOIA & Classification

The right process depends on what record you seek, which agency is likely to hold it, and whether the material is classified. A request asks an office to search or review; it does not establish that a record exists or that an underlying allegation is true.

Choose the process before drafting the request

Path Best used for What it does not guarantee
Proactive disclosure or reading room Records an agency has already published, frequently requested records, reports, datasets, policies, and decisions. That every responsive record is online, current, complete, or maintained by that agency.
Freedom of Information Act request Existing federal agency records that can be described well enough for the likely custodian to search. That an agency will create a new record, answer questions, perform research, or release material covered by a lawful exemption or exclusion.
Mandatory Declassification Review Identifiable classified national-security information submitted to the applicable agency for a declassification review under Executive Order 13526. Declassification, release of every portion, or a conclusion that the material should never have been classified.
Automatic or systematic declassification research Older permanent historical records reviewed under archival and executive-order processes. Automatic public availability of every page; exemptions, referrals, preservation work, and access rules can still affect release.
Administrative appeal Review of an agency response under the appeal procedure identified in the response letter or governing process. A different outcome. An appeal record should be evaluated separately from the underlying subject matter.

Federal FOIA: the practical sequence

  1. Search what is already public

    Check the agency website, electronic reading room, reports, regulations, court filings, datasets, and archived releases first. A public copy may be faster and may reveal the exact office, title, date, or record number needed for a narrower request.

  2. Identify the likely record custodian

    Federal agencies process their own records; there is no single office that handles every federal FOIA request. Address the request to the agency or component most likely to maintain the records.

  3. Describe records, not conclusions

    Use concrete record types, offices, date ranges, subjects, names, identifiers, contracts, case numbers, or correspondence fields. Ask for existing records rather than asking the agency to explain, analyze, or prove a theory.

  4. Read the response by category

    Separate records produced, portions redacted, records referred elsewhere, searches reported, exemptions cited, fee decisions, and appeal rights. Those are different procedural facts and should not be collapsed into one headline.

  5. Preserve the request and response trail

    Keep the submitted language, tracking number, correspondence, scope changes, fee agreements, production dates, appeal deadlines, and released files together so later claims can be traced to the actual record.

Evidence rule: “No responsive records” may mean the searched office found none within the stated scope. It does not, by itself, prove that no record exists anywhere in government, that a record was destroyed, or that a claimed event did or did not occur.

Mandatory Declassification Review

Mandatory Declassification Review, usually called MDR, is a separate path for asking a federal agency to review identifiable classified information for possible declassification. The National Archives’ Information Security Oversight Office explains that a request must be written, sent to the applicable agency, and specific enough for the material to be located with reasonable effort.

The existence of an MDR process does not mean all classified material is improperly classified. Executive Order 13526 sets classification, safeguarding, review, and declassification standards and also prohibits classification for purposes such as concealing legal violations, inefficiency, administrative error, or embarrassment.

How to describe the evidence accurately

Requested

A requester submitted a defined request. This says nothing yet about whether responsive records exist or will be released.

Located

An agency reported finding responsive material. The reported search scope and custodian still matter.

Released with redactions

A public version exists, but omitted portions and cited authorities must be described rather than guessed.

Withheld or denied

The agency invoked a legal basis or procedural ground. The response, appeal posture, and any later court ruling are separate records.

Declassified

A classification decision changed for identified information. Declassification does not automatically validate every interpretation of the record.

Unverified or unauthenticated

Source, authenticity, context, completeness, or chain of custody is not established. Do not present the material as an official record.

Primary official sources

How federal FOIA routing works

DOJ guidance explaining proactive searches, component routing, existing agency records, and request limits.

Official guidance · U.S. Department of Justice

Executive Order 13526

The classification and declassification framework published by the National Archives.

Primary authority · National Archives

Mandatory Declassification Review guidance

Official process, specificity, limitations, drafting elements, agency responsibilities, and appeal information.

Official guidance · Information Security Oversight Office

ISCAP decisions

Published final Panel decisions and public information about further review of classification decisions.

Official decisions · National Archives

Reviewed August 20, 2026. Agency procedures can change; use the linked official office for current submission instructions. This guide is general civic information, not legal advice.