What should we do if a record responsive to a FOIA or MDR request cannot be located but we know it was classified?

A record that is known to have existed and to have been classified, but which cannot be found in response to a Freedom of Information Act (FOIA) or Mandatory Declassification Review (MDR) request, presents both a search obligation and an accountability concern. The goal is to demonstrate a thorough, good-faith effort to locate the record and to document what happened to it.

Conduct and document a reasonable search

The first requirement is a search reasonably calculated to uncover the requested material. This generally means:

• Identifying every system, repository, and location where the record could plausibly reside, including classified networks, secure storage, off-site or archived holdings, and the files of likely custodians.
• Searching by multiple access points such as subject, originating office, date range, and document or control numbers.
• Checking records-tracking logs, transmittal receipts, and prior request files that may reference the document.

The adequacy of a search is judged by the method and scope of the effort, not by whether the record is ultimately found. Keep contemporaneous notes of where you looked, who searched, and what terms or indexes were used.

Trace the record’s disposition

Because you know the item was classified, look for evidence of what became of it:

• Review the applicable records schedule and disposition authority to determine whether it was eligible for destruction, transfer, or permanent retention.
• Check destruction certificates, transfer manifests, and accession records that might confirm a lawful disposition.
• Determine whether the record may have been transferred to another agency or to the National Archives.

If a properly authorized disposition occurred, that explains the absence and should be documented.

Escalate when loss is unexplained

If no lawful disposition accounts for the missing item, treat it as a potential unauthorized loss or destruction of a federal record, which carries reporting obligations and may warrant involvement of the records officer, security personnel, and oversight bodies. Unauthorized removal or destruction of classified records can also raise safeguarding concerns.

Respond to the requester

Notify the requester of the result of the search. Agencies may issue a “no records” or “records not located” response, explain the search performed, and advise of appeal rights. Transparency about the effort, rather than silence, is what sustains the integrity of the process.

For related guidance, see the declassification topic hub.