Cause of Action v. National Archives and Records Administration
926 F. Supp. 2d 182
D.D.C.2013Background
- FCIC was created within the legislative branch under FERA to examine the causes of the financial crisis and terminated in early 2011.
- FCIC’s records were transferred to NARA for preservation after termination.
- Cause of Action sought FCIC records via FOIA on October 3, 2011; NARA denied, citing legislative-records exemption.
- Cause of Action filed suit August 14, 2012 challenging NARA’s denial as FOIA violation.
- NARA moved to dismiss or for summary judgment; Cause of Action cross-moved and sought to strike declarations.
- Court analyzes whether FCIC records, transferred to NARA, constitute agency records subject to FOIA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are FCIC records agency records after transfer to NARA? | Cause of Action: records become agency records in NARA's custody. | NARA: transfer does not convert legislative records into agency records. | No; records not agency records subject to FOIA. |
| Which framework governs agency-record status in this case? | Plaintiff asks for a control-based framework where custody determines status. | NARA favors a framework based on continued legislative control over records. | Court applies control-based analysis and still finds no agency-record status. |
Key Cases Cited
- Burka v. Dep’t of Health and Human Servs., 87 F.3d 508 (D.C. Cir. 1996) (four-factor control test for agency records)
- United States Dep’t of Justice v. Tax Analysts, 492 U.S. 136 (1989) (agency controls decisive for FOIA status; includes factors)
- Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980) (agency-record concept; goals of FOIA)
- Ricchio v. Kline, 773 F.2d 1389 (D.C. Cir. 1985) (transfer to NARA does not render records subject to FOIA)
- TRW, Inc. v. Andrews, 534 U.S. 19 (2001) (statutory interpretation principles reinforcing distinctions about records)
- United We Stand Am., Inc. v. Internal Revenue Serv., 359 F.3d 595 (D.C. Cir. 2004) (agency status and Congress's intent to control documents)
- Paisley v. CIA, 712 F.2d 693 (D.C. Cir. 1983) (Congress's intent to retain control weighs heavily)