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Pinocchio Chronicles 19: The FAA Freedom of Information Act, #308
The Track Meet: The Expensive Disinformation Act?
Today is July 4, a celebration of U.S freedom and democracy. Brave soldiers and civilians paid dearly for this freedom. Do you know what your government is up to today? To find out, you might file a federal Freedom of Information Act (FOIA) request.
As it turns out, FOIA (Title 5 United States Code Section 552) is neither free nor trouble free.
Unless you qualify for a FOIA fee waiver (rare), you pay Government staff to search for records, review records, and then hide them from you. FOIA exempts 9 record classes from production. How does the process work?
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The FOIA Track Meet: The FAA Experience
After sending multiple FOIAs to the Federal Aviation Administration (FAA) for 15 years, I can tell you what to expect. Expect BS. Expect to be bruised and sullied.
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Expect a marathon, not a sprint. Expect the FAA to drop the records production handoff baton. IF you are lucky, the FAA may produce records 6 to 12 months after your request. Or not.
About your request. Recall conventional wisdom. Things that start badly end badly. Expect an FAA bad start with its records relay system. You send your request to an FAA designated central location. FAA then relays your request to branch offices for reply.
The air carrier Federal Express stands out with a similar system. Your San Diego package may first go to a Vegas distribution center before flying to your San Francisco buddy. Federal Express gets the hang of it. The FAA does not.
Why the difference? Only God knows and maybe even she wonders. Fed Ex embraces the Hot Potato concept. Get a San Diego package in Vegas headed for San Francisco, never let go. The package moves continuously.
In contrast, the FAA follows a Cold Potato model. Meditate on any record request that may discombobulate the FAA, then forward it on. Maybe a month of meditation before the request moves to a branch FAA office.
Hurdles, you ask? Oh yes. Just try to get a prompt FAA confirmation of your FOIA request and projected FAA production date. FOIA requires it. Nonetheless, it seems the FAA, not astronomer Carl Sagan, discovered Black Holes.
And the FAA fee waiver application process? Oh please. How high can you jump?
Javelins and Shot Puts? Watch your heart and toes.
Anything else? Let me get back to you on that. Or not. Happy 4th !!!
