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all of our regional archives. Presidential libraries continue to process FOIA requests separately, under the auspices of the
Office of Legislative Archives, Presidential Libraries and Museum Services. Initial requests for access to records continue to be
tracked and processed by the components of NARA having custody of the records. This process allows requests to be handled
by the individuals who are most familiar with the records and who are best suited to talk with FOIA requesters about those
records.
The Office of Research Services leads the way in making permanent federal records from government agencies available to
the public. This office is responsible for planning, directing, and coordinating a comprehensive program to review materials in
the National Archives Building in downtown Washington, the National Archives at College Park, MD and at Regional Archives
throughout the country. The Office of Research Services processes FOIA requests for some of NARA’s most sensitive historical
records. This office also participates in interagency programs to develop government-wide regulations for the declassification
of security classified materials. In addition, the office conducts numerous “special reviews” to facilitate research of restricted
materials for visiting researchers.
In Fiscal Year 2011, the Washington office of the Office of Research Services received 946 FOIA requests and completed
processing of 419. Of those there was an on-time completion rate of 33 percent. The regional offices in Research Services
received 360 FOIA requests, while the National Declassification Center alone received 408. For more information about the
NDC, see Section 5.4 of this plan.
Since 1999, when NARA started to measure FOIA performance, Research Services has answered an average of 44 percent of the
FOIA requests it receives within the statutory 20 working days. The completion rate fluctuates with the volume of incoming
FOIA requests, including the number of simple FOIA requests that can be quickly moved through the processing queue,
compared to the number of complex requests that take much longer to process (those requiring additional review time based
on the large number of responsive records or when addressing classification or other issues). Moreover, as described in more
detail below, NARA’s control over many of these requests is limited because we must refer requests for classified records to the
originating agencies for declassification review.
Among NARA’s regional archives is the National Personnel Records Center (NPRC) in St. Louis, MO, which maintains both
the civilian and military personnel records for the entire Federal Government. Official Military Personnel Files (OMPFs)
comprise the single most requested group of records at NARA. In Fiscal Year 2011, the NPRC received 15,902 FOIA requests
and processed 15,712. Of those, 15,078 were completed within 20 working days, a completion rate of 94.8 percent. Some FOIA
requests for military records take considerably longer than the 20 working day standard if the request is for a record that was
destroyed in the 1973 fire at the NPRC and the data must be reconstructed from other sources, or if the record has been
borrowed by another agency.
The Office of Presidential Libraries administers NARA’s nationwide network of Presidential libraries. The Presidential
libraries are not traditional libraries, but rather archival depositories that preserve and make available the records and other
historical materials of presidents since Herbert Hoover. Until the Presidential Records Act of 1978 (PRA) went into effect at
the beginning of Ronald Reagan’s term, materials at the libraries were donated personal property, which are not subject to the
FOIA. (The Nixon historical materials are governed by a special statute, the Presidential Recordings and Materials
Preservation Act, and are also not subject to FOIA.) Each library may also contain a small amount of Executive branch agency
records that are subject to the FOIA.
Presidential records at the Ronald Reagan, George H. W. Bush, William J. Clinton, and George W. Bush Libraries are subject to
the Presidential Records Act, which incorporates the FOIA with several variations. The PRA applies to the official records of
Presidents, Vice Presidents, and their staffs. The PRA, however, restricts all public access to Presidential records for the first
five years after the end of an administration, at which time the public can seek access the records through FOIA. In addition,
for the first 12 years, the PRA allows the President to invoke as many as six specific Presidential restrictive categories, along
with eight of the nine FOIA exemptions to public access, and there is no judicial review of denied requests. After twelve years,
regular FOIA procedures apply, except that the (b)(5) exemption is not available. In addition, the Presidential Records Act
establishes procedures for Congress, courts, the incumbent administration and the former President to obtain special access to
records that remain closed to the public.
Requests for records under the Presidential Records Act are also subject to the requirements of Executive Order 13489 on
“Presidential Records” (issued January 21, 2009). This order, like its two predecessor orders, requires that NARA inform both
the incumbent and former Presidents of NARA’s intent to release any Presidential records in response to a pending FOIA or
any other request for access. This notification gives the incumbent and former Presidents an opportunity to decide whether
or not to invoke Executive privilege over the records. The review period authorized by Executive Order 13489 begins after all