An Opportunity Lost
Part I
An in-depth analysis of FOIA
performance from 1998 to 2007
July 3, 2008

COALITION OF

JOURNALISTS FOR
OPEN GOVERNMENT

COALITION OF

JOURNALISTS FOR
OPEN GOVERNMENT
1101 Wilson Blvd, Suite 1100, Arlington, VA. 22209

703-807-2100

7/3/08

An Opportunity Lost
A just completed study by the Coalition of Journalists for Open Government shows that federal
departments and agencies have made little if any progress in responding to Freedom of Information Act
requests, despite a two-year-old presidential order to improve service.
The CJOG findings are in stark contrast to a bullish Justice Department report made public in mid-June
that claims “remarkable improvements.”
The CJOG review of performance reports shows agencies did cut their record backlog but more because
of a steep decline in requests than stepped up processing of requests. It also indicated scant
improvement and some regression in traditional measures of response, including the amount of time
requesters have to wait for an answer and whether a request or an appeal is granted.
The Justice Department based its assessment primarily on progress agencies made toward selfestablished process goals. The CJOG study, using reporting requirements mandated by Congress,
assessed actual performance in responding to FOIA requests.
The CJOG study looked at 25 departments and agencies that handle the bulk of the third-party
information requests. It looked at but did not incorporate a comparative analysis of the performance of
four agencies, including the Department of Veterans Affairs and the Social Security Administration,
that include large numbers of first person Privacy Act requests in their FOIA reporting. These requests
are quickly and routinely handled and their inclusion would skew a meaningful analysis of FOIA
response issues.
Here’s what the CJOG review found:
•

The 25 agencies blew an opportunity to make a significant dent in their huge backlog of
requests. Those agencies received the fewest requests since reporting began in 1998 — 63,000
fewer than 2006. But they processed only 2,100 more requests than they did in 2006 when the
backlog soared to a record 39%.

•

The backlog did fall to 33% of requests processed, primarily because of significant reductions
at Homeland Security (97% to 62%), HUD (188% to 10%), and the Securities and Exchange
Commission, (126 to 55%). Eleven agencies showed no improvement or greater backlogs.

•

Faced with a mandate to bring down the backlog and improve service, agencies cut FOIA
personnel. The number of FOIA workers fell by 8%. Spending on FOIA processing was down
3% .

•

Agencies got even stingier in granting requests. Fewer people got all the information they
sought than at any time since agency reporting began in 1998. The percent of requesters getting
either a full or a partial grant fell to 60%, also a record low.

•

Those who did get information still had to endure lengthy delays. Fifteen of the agencies
reported slower processing times than the year before in the handling of “Simple” requests and
13 showed slower times in dealing with “Complex” requests. And all 21 agencies that
processed requests in the “Complex” category said they missed the 20-day statutory response
deadline for at least half of the requests processed.

•

Those who file administrative appeals are usually out of luck. Even more so in 2007.
However, a majority of the agencies did say “no” more quickly. In 2007, the percentage of
appeals granted dropped to the lowest level in 10 years. Only 13% of those who appealed got
any satisfaction. Of those who appealed, only 3% got all the records requested; another 10%
received a partial grant.

In its report, the Justice Department noted at one point that the executive order challenged agencies to
deal with the severe backlog of unprocessed requests in a manner “consistent with available resources.”
The CJOG study shows that FOIA spending at the 25 agencies studied fell by $7 million to $233.8
million and the agencies put 209 fewer people to work processing FOIA requests.
A few agencies did manage to find additional resources, but most did what they did with less. For
instance, Homeland Security, despite a 20% reduction in FOIA personnel, processed 23,000 more
requests in 2007, a 21% increase.
The rose-colored Justice report said in boldface that an increase in the number of “incoming requests”
challenged agencies on backlog reduction, but that statement is dependent on counting the combination
FOIA-Privacy Act requests made to Health and Human Services and the Social Security Administration
by individuals seeking personal records. Those agencies have historically handled those requests
quickly, with little or no backlog.
The troubled agencies, whose performance prompted the executive order, experienced a significant
drop in requests in 2007, a fact ignored by Justice. The 25 agencies in the CJOG study — all of the
departments except HHS, plus 12 agencies handling at least 1,000 FOIA requests a year — experienced
a 13 percent drop in requests, from 494,270 in 2006 o 431,170 last year.
The Justice report also gives credit in some places where it isn’t due. In citing specific agencies for
“improvements in the area of backlog reduction” it named Agriculture, Education, and Labor. Whatever
gains they made, it wasn’t in actually reducing their percentage backlog. Indeed, Education and Labor
showed both a numerical and percentage gain.
The CJOG study, including a variety of tables showing both full 2007 results and comparisons by
reporting categories, can be found at www.cjog.net.

FOR ADDITIONAL INFORMATION, CONTACT:
Pete Weitzel, Coordinator
pweitzel@cjog.net

Combined Agency Performance, 1998 to 2007
Requests

Year
Received

Processed

Grants

Backlog

Percent

Full

Partial

Percent

Denials

Other *

1998

573,772

575,198

72,076

13%

290,915

66,302

69%

23,003

169,371

1999

602,138

589,643

81,215

14%

295,246

70,430

68%

19,402

188,718

2000

653,724

648,315

84,340

13%

331,814

72,418

67%

20,999

187,123

2001

545,720

537,630

95,280

18%

278,513

76,267

73%

13,093

118,810

2002

505,390

515,860

81,081

16%

272,765

86,353

70%

13,949

142,793

2003

532,570

531,688

83,393

16%

253,109

108,375

68%

13,154

157,019

2004

547,193

524,909

105,119

20%

234,438

116,544

67%

15,383

166,227

2005

525,247

480,306

149,262

31%

198,635

106,184

63%

11,435

156,443

2006

494,546

459,044

178,837

39%

187,954

106,197

64%

12,558

130,086

2007

431,170

460,665

149,890

33%

164,147

113,042

60%

14,365

163,442

Change 1998-2007

-142,308

-114,270

77,913

164%

-159,653

41,188

-13%

-9,694

-21,113

*Other Reasons for Non-Disclosure: A series of reasons unrelated to FOIA exemptions that explain why a request was denied, such as "no such record",
"request withdrawn" and "not an agency record".
Under a presidential directive to improve service to requesters, the 25 agencies surveyed processed 2,100 more requests in 2007, the first full fiscal year following
the order. That was, however, still well below all other prior years. The slight processing gain and a 13% decrease in the number of requests received made
possible a 6 percentage point reduction in the backlog to 33% of the requests processed. This, however, is still the second highest backlog on record and meant
that one out of three requests was not processed in the year received. At the same time, agencies got stingier in granting information requests. Full grants hit a
record low, both in raw numbers and as a percent of requests processed. Only 36% of the requesters received full grants in 2007 compared with 41% in 2006 and
56% in 1998. Partial grants were up slightly, but so were outright denials.

Agency Backlog, 1998-2002-2006-2007
1998
Department/
Agency
Agriculture
Commerce
Defense
Education
Energy
Homeland Sec.
HUD
Interior
Justice
Labor
State
Transportation
Treasury
CIA
CPSC
EEOC
EPA
GSA
Archives
NASA
NLRB
NRC
NSF
SEC
SBA
Subtotal
KEY:

2002

2006

2007

Percent

Requests
Processed

Yearend
Backlog

Percent

Requests
Processed

88,204
1,506
2%
78,062
2,012
3%
2,283
157
7%
2,063
298
14%
106,191
10,240
10%
76,943
12,543
16%
1,679
137
8%
1,718
219
13%
2,314
741
32%
3,319
1027
31%
Department of Homeland Security was established in 2003.
3,354
1,456
43%
4,171
671
16%
5,002
545
11%
4,378
902
21%
195,105
25,304
13%
184,928
32,545
18%
17,540
994
6%
18,201
809
4%
2,317
5,349
231%
4,636
5,343
115%
17,406
4,362
25%
17,540
3,885
22%
56,184
7,014
12%
47,812
7,681
16%
7,169
4,716
66%
3,046
1,547
51%
13,467
239
2%
9,636
166
2%
17,551
1,343
8%
16,735
1,701
10%
18,848
6,117
32%
19,259
4,567
24%
NR
NR
1,407
141
10%
5,930
1,111
19%
8,826
3,590
41%
2114
230
11%
1723
137
8%
6133
162
3%
5550
206
4%
448
53
12%
426
55
13%
213
15
7%
254
2
1%
3,190
114
4%
2,888
821
28%
2,293
72
3%
2,117
65
3%

59,065
1,987
72,266
1,904
3,861
111,943
2,631
5,086
54,925
23,608
3,866
8,758
39,518
2,579
4,728
16,936
12,685
1,454
8,884
1,132
5,553
364
340
8,268
6,245

1,868
309
18,216
539
910
108,472
4,941
1,481
8,004
906
3,799
2,197
3,924
896
84
1,779
1,973
79
7,193
241
269
36
5
10,403
46

3%
16%
25%
28%
24%
97%
188%
29%
15%
4%
98%
25%
10%
35%
2%
11%
16%
5%
81%
21%
5%
10%
1%
126%
1%

31,651
1,949
78,392
1,670
3,698
135,297
7,661
5,437
53,889
27,581
4,792
9,542
28,785
3,031
4,402
14,879
12,066
1,347
12,386
1,326
4,278
351
343
12,564
3,348

1,683
212
26,195
663
646
83,661
764
876
7,649
1,269
4,085
2,194
3,066
776
280
1,416
1,727
86
5,177
331
158
34
2
6,909
31

5%
11%
33%
40%
17%
62%
10%
16%
14%
5%
85%
23%
11%
26%
6%
10%
14%
6%
42%
25%
4%
10%
1%
55%
1%

574,935

458,586

178,570

39%

460,665

149,890

33%

Requests
Processed

Yearend
Backlog

71,977

Percent

13%

Increase from prior period

Requests
Processed

515,638

Yearend
Backlog

80,933

16%

Yearend
Backlog

Percent

NR=Not Reported

The overall backlog improved to 33% in fiscal 2007, aided by a sharp falloff in requests received and significant processing increases in two agencies, Homeland Security
and HUD. The combined backlog was cut by 24,500 requests as 14 of the 25 agencies reduced backlog. Homeland Security geared up for the more than 135,000 requests it
received in 2006 and when the volume fell well below that, it was able to bring its backlog down to 62%. HUD nearly tripled its production and cut its backlog from 188%
to 10% The next most improved was the SEC, which had a 126% backlog in 2006 but reduced that to 55% in 2007.

The Wait for a Response to Simple, Complex and Expedited Requests in Median Days
Department/
Agency
Agriculture
Commerce
Defense
Education
Energy
Homeland Sec.
HUD
Interior
Justice
Labor
State
Transportation
Treasury
CIA
CPSC
EEOC
EPA
GSA
NARA
NASA
NLRB
NRC
NSF
SEC
SBA

1998
Simple

Complex

2002
Expedited

Simple

Complex

131
268
12
2 \ 85
9 \ 905
10
30
5
12
45
16
39
2.5
20
58
13
30
3
5 \ 35
7 \ 180
NR
184
NR
75
238
Department of Homeland Security was established in 2003.
22
NR
NR
15 \ 59
34\ 83
18
NR
4.5
10 \ 58
NR
1 \ 40
1 \ 292
1 \ 18
3 \ 49
13 \ 621
10
25
3
1 \ 25
7 \ 49
333
NR
85
351
431
14
40
9
8
39
14
22
20
4 \ 17
6 \ 383
NR
440
NR
7
83
7
30
NR
7
27
15.5
NR
4
19
NR
16
20 \ 27
7
17 \ 113
31 \ 123
NR
NR
NR
NR
14
29
NR
NR
7
20
17
27
20
19
29
10
NR
NR
12
NR
15
15
NR
14
25
10
NR
NR
10
NR
7
151
NR
16
137
12

NR

9

1

NR

2006
Expedited
3 \ 76
NR
1
2 \ 10
118

Simple

Complex

2007
Expedited

Simple

Complex

Expedited

5 \ 27
5 \ 33
1\ 190
2\ 28
225
29
2\5
NR
NR
5
6 \ 75
NR
NR
3
NR
23
NR
5

2 \ 100
12
17
15 \ 478
2 \ 108
2 \365
60
2 \ 89
1 \ 109
3 \ 30
54
1 \ 36
2 \ 24
7
6
19
15 \ 101
NR
5
5 \ 140
6
13
18
15

8 \ 912
45
5 \ 15
13 \ 279
34 \ 431
17 \ 232
145
4 \ 79
12 \ 510
4 \ 44
210
14 \ 142
3 \ 224
59
45
NR
40 \ 156
16
20
7 \ 91
NR
230
NR
706

2 \ 15
44
NR
1 \ 15
2\6
7 \ 233
9 \ 80
2 \ 28
3 \ 98
3 \ 19
232
9 \ 60
1\9
NR
NR
4
8 \ 81
NR
21
1 \ 60
NR
7
NR
NR

2 \ 45
13
11.5
11 \ 574
9 \ 132
2 \ 344
20 \ 45
1 \ 917
1 \ 131
3 \ 63
67
3 \ 56
2\35
8
10
18
13\49
0
9
21
6
11
20.8
67

8 \ 331
45
45.5
0 \ 578
0 \ 286
15 \262
30 \ 120
13 \ 169
5 \ 819
2 \ 65
212
20 \ 401
6 \ 977
56
40
NR
32 \ 141
25
1,603
38
NR
40
NR
705

3 \ 111
14
1
0
0*23
9 \ 549
9 \ 19
5 \ 20
2 \ 363
2
41
1 \ 184
0
0
0
8
38 \ 75
0
10
365
NR
0
NR
0

NR

7

NR

NR

7

NR

NR

KEY: Missed Response Deadline
NR=None Reported
Note: Some agencies do not report agency-wide totals, instead showing only the median response time in days for each component. In those instances, we have recorded the range —
the lowest and highest component times reported within the agency. We then used the highest median day response time as our indicator of compliance.
None of the agencies that reported handling Complex requests met the 20-working day deadline. For Simple requests, 14 missed the deadline. In neither category was there an
improvement from 2006. Eight of the agencies did reduce the median wait time in the handling of Complex requests but five of those appeared to do so at the expense of Simple request
processing, which slipped. Overall, only 5 agencies improved their handling of Simple requests.

Comparing Agency Grants of FOIA Requests, 1998-2002-2006-2007
Department/
Agency

1998
Granted
in Full

Partial
Grant

Percent

Granted
in Full

98%

70,965

Partial
Grant

Percent

Granted
in Full

Partial
Grant

2007
Percent

Granted
in Full

Partial
Grant

Percent

84,144

94%

53,472

2,225

94%

27,046

1,793

91%

Commerce
Defense
Education
Energy
Homeland Sec.
HUD
Interior
Justice
Labor
State
Transportation
Treasury
CIA
CSPC
EEOC
EPA
GSA
NARA
NASA
NLRB
NRC
NSF
SEC

1,332
240
69%
855
380
60%
65,164
9,998
71%
40,458
11,133
67%
1,144
319
87%
1,079
344
83%
1,183
355
66%
2,227
277
75%
Department of Homeland Security was established in 2003.
2,631
313
88%
1,686
384
50%
3,225
647
77%
2,212
764
68%
65,135
31,036
49%
81,426
40,571
66%
5,556
2,179
44%
5,514
6,442
66%
650
572
53%
634
818
31%
8,918
2,047
63%
8,803
2,171
63%
34,054
5,604
71%
21,144
4,622
54%
3,188
1,652
68%
391
999
46%
12,586
470
97%
8561
531
94%
3,623
11,372
85%
1,335
11,853
79%
16,718
746
93%
9,080
603
50%
NR
205
945
169
79%
5,423
157
94%
8,141
48
93%
1,156
534
80%
693
592
75%
5,342
180
90%
4304
455
86%
232
93
73%
175
110
67%
69
92
76%
51
157
82%
889
416
41%
522
333
30%

672
35,452
795
2,913
13,296
1,212
2,443
19,537
9,046
418
3,401
22,966
267
3,753
973
4,204
905
454
387
3,402
141
29
2,065

382
12,886
772
306
53,222
371
1,186
7,045
6,954
864
2,274
2,959
939
465
10,787
612
161
161
334
478
108
245
181

53%
67%
82%
83%
59%
60%
71%
48%
68%
33%
65%
66%
47%
89%
69%
38%
73%
7%
64%
70%
68%
81%
27%

769
37,642
639
2,909
13,608
2,171
2,578
22,036
12,617
437
3,135
15,238
344
3,467
800
4,613
929
863
408
3,201
147
39
5,691

395
12,691
583
278
62,832
719
949
6,562
6,608
929
2,236
2,950
1,100
379
9,643
624
125
339
380
387
98
255
187

60%
64%
73%
86%
56%
38%
65%
53%
70%
29%
56%
63%
48%
87%
70%
43%
78%
10%
59%
84%
70%
86%
47%

All
KEY:

2,339

2006

Agriculture

SBA

1,908

2002

1,438

719

94%

1487

213

80%

5,678

202

94%

2,820

168

89%

323,800

71,854

69%

272,688

86,308

70%

187,881

106,119

64%

164,147

113,042

60%

Average and Below

NR= Not Reported

In 2007, full grants awarded by agencies fell to a record low number, and were only half that in 1998, when reporting began. Partial grants did increase
by 6% but this was not enough to offset the decline in full grants as Combined grants fell to 60% of the requests processed. Eleven of the 24 agencies
granted fewer requests overall in 2007 than in 2006.

FOIA Grants, Initial Requests and Appeals, 1998 to 2007
Initial Requests

Percent
Change
1998-2007

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

Requests Processed

574,935

589,387

648,087

537,423

515,638

531,448

524,697

480,109

458,586

460,665

-20%

Full Grants

323,800

327,817

353,062

302,480

272,688

253,014

234,387

198,565

187,881

164,147

-42%

71,854

76,373

78,558

81,013

86,308

108,320

116,482

106,126

106,119

113,042

48%

395,654

404,190

431,620

383,493

358,996

361,334

350,869

304,691

294,000

277,189

-26%

69%

69%

67%

71%

70%

68%

67%

63%

64%

60%

Partial Grants
Total Full/Partial
Percent Granted

Appeals
Appeals Processed

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

Percent
Change
1998-2007

9,481

10,433

9,881

9,595

7,561

8,181

7,280

6,636

6,601

9,073

-4%

570

462

366

504

373

335

282

299

229

290

-49%

Partial Grants

1,304

1,731

1,391

1,094

1,094

823

946

938

842

899

-31%

Total Full/Partial

1,874

2,193

1,757

1,598

1,467

1,158

1,228

1,237

1,071

1,189

-37%

Percent Granted

20%

21%

18%

17%

19%

14%

17%

19%

17%

13%

Full Grants

The number of requests processed annually declined by 114,270 over the 10 years. And the requests granted has fallen by an even greater number, 118,465, or 30%.
The numbers also show the dramatic shift by agencies from full to partial grants of information, giving requesters increasingly less of the information sought. The
trend began in the Bush administration's first full fiscal year, 2002. Between a slow down in processing and more restrictive grant policies, 159,653 fewer requesters
got full grants in 2007 than in 1998, and 118,465 fewer got a grant of any kind. Also, fewer people were successful in their appeals, with the number receiving either
a full or partial appeal grant falling by 37%.

The Results of FOIA Appeals by Agency, 1998-2002-2006-2007
Department/
Agency
Agriculture
Commerce
Defense
Education
Energy
Homeland Sec.
HUD
Interior
Justice
Labor
State
Transportation
Treasury
CIA
CPSC
EEOC
EPA
GSA
NARA
NASA
NLRB
NRC
NSF
SEC
SBA
All
KEY:

1998
Appeals
Processed

2002
Percent
Granted

Appeals
Processed

2006
Percent
Granted

186
48%
164
56
41%
78
1,098
14%
928
15
20%
13
115
35%
71
Department of Homeland Security was established in 2003.
33
18%
58
209
62%
165
3,626
15%
3,491
458
32%
319
179
63%
184
334
20%
184
2,421
13%
1,010
195
20%
224
43
14%
12
326
46%
416
38
24%
105
17
41%
11
14
14%
19
24
29%
21
40
15%
43
17
35%
15
3
67%
7
28
11%
55

59%
24%
21%
15%
24%

Appeals
Processed

2007
Percent
Granted

Appeals
Processed

Percent
Granted

14%
50%
8%
44%
68%
18%
19%
13%
0%
40%
16%
73%
37%
38%
28%
20%
14%
31%

165
84
747
29
50
950
35
167
1,970
303
138
136
360
203
29
321
202
27
13
13
23
11
7
334

40%
21%
18%
31%
16%
13%
14%
17%
4%
37%
42%
31%
14%
19%
17%
44%
26%
44%
23%
23%
22%
45%
14%
15%

125
59
1,046
41
51
1,188
43
284
4,255
389
110
160
332
216
19
291
127
18
47
29
25
7
4
207

42%
14%
17%
31%
25%
17%
16%
10%
4%
36%
74%
27%
14%
72%
5%
73%
37%
56%
49%
41%
24%
57%
100%
27%

30

53%

20

45%

33

27%

10

110%

9,505

20%

7,613

19%

6,350

17%

9,073

13%

Average and Below

"Percent Granted" includes both full and partial grants.

While the 25 agencies as a whole reported a significant increase in the number of appeals processed, that combined shift was almost exclusively the result of
the Justice Department playing catch-up from 2006. Overall, 12 of the 25 agencies processed fewer appeals than in 2006. The percent of full and partial
appeals granted dropped to an all-time low of 13% of the appeals processed. Justice led the turndowns, granting only 4% of the more than 4,200 appeals it
recorded.

Use of Exemptions by 25 Agencies in Denying Requests, 1998 to 2007
Exemption Cited

Year
1

3

6

7a

7e

7f

1998

4,643

9,808

25,696

12,211

341

28,717

14,671

5,044

2,111

24

7

1999

4,354

9,865

26,230

10,839

216

28,859

11,537

4,686

1,686

77

19

2000

4,612

11,188

61,623

17,026

136

51,866

13,388

11,015

2,157

5

8

2001

3,598

6,255

93,853

11,319

128

84,764

7,655

13,615

1,631

117

6

2002

2,446

8,586

187,803

16,916

135

196,528

11,773

16,446

1,686

89

5

2003

3,607

11,082

55,484

12,282

123

48,006

8,476

11,902

1,658

80

5

2004

3,416

8,135

60,318

10,119

883

55,374

8,351

12,835

2,016

108

188

2005

2,940

9,354

48,696

8,034

427

44,883

6,674

19,161

1,039

102

11

2006

4,299

9,974

54,689

6,424

272

68,549

7,395

28,173

966

119

39

2007

4,150

10,136

63,789

5,754

324

79,193

5,730

40,661

997

160

27

Total

38,065

94,383

678,181

110,924

2,985

686,739

95,650

163,538

15,947

881

315

Change 1998-2007

-11%

3%

148%

-53%

-5%

176%

-61%

706%

-53%

567%

286%

The Nine Exemptions:
1: National Security
2: Internal Agency Rules
3: Statutory
4: Proprietary Information, Trade Secrets
5: Inter-Agency Memoranda
6: Personal Privacy
7: Law Enforcement Records
8: Ban Reports
9: Oil and Gas Well Data

In memoranda in 2001 and 2002, former Attorney General Ashcroft
and White House Chief of Staff Card told agencies to make greater
use of Exemptions 2, 4 and 5 in handling "sensitive" information.
The chart at right shows the increases in the use of each since 2001.
The increases in the use of Exemptions 6 and 7c reflect the transfer
of INS from the Justice Department to Homeland Security.

7b

7c

7d

8

9

Use of Exemptions in Denying Requests
Year
2

Exemption Cited
4
5

All

1998

11,516

6,606

34,587

156,032

1999

7,839

5,880

27,735

139,725

2000

9,203

6,368

32,945

222,188

2001

12,005

4,987

18,578

258,511

2002

13,483

8,404

43,240

507,540

2003

10,385

9,254

37,127

209,472

2004

30,176

9,332

52,766

254,056

2005

41,211

9,185

55,205

246,884

2006

45,133

9,033

56,695

287,311

2007

56,341

10,136

67,561

344,663

Total

237,292

79,185

426,439

Change 1998-2007

389%

53%

95%

84%

Other Reasons for Nondisclosure, 1998 to 2007
In reporting on the disposition of requests, agencies often cite "other" reasons to explain a non-disclosure decision that was not based on one of the
exemptions. Here's a look at how often each of those reasons was cited by the 25 agencies. The most frequent reason cited is "no records" matching the
request. Second is "referrals," meaning the request is sent to another agency and the process starts over.
Reason Cited

1998

1999

2000

2001

2002

2003

2004

2005

2006

2007

No Records

59,022

50,537

57,966

59,890

52,054

63,794

69,964

70,786

67,946

63,836

Referrals

19,785

20,448

22,479

20,820

16,835

19,972

27,107

22,671

24,006

18,466

Request Withdrawn

9,880

9,536

8,692

8,578

14,225

10,347

9,021

8,819

9,520

11,055

Fee Related Reason

3,715

4,926

3,255

4,138

4,926

4,400

5,068

7,343

4,222

4,027

Not Reasonably Described

8,219

9,111

5,537

3,307

3,289

12,729

4,499

4,057

4,004

10,641

Not a Proper Request

15,945

16,700

15,612

21,122

23,101

16,188

21,760

20,958

9,593

11,549

Not an Agency Record

9,706

7,121

4,284

4,108

4,396

3,467

4,503

3,219

12,135

3,912

Duplicate Request

7,809

7,861

9,222

10,327

13,279

12,804

5,705

17,691

14,219

11,935

50,661

55,133

55,003

9,636

12,223

13,273

10,864

7,801

11,362

32,183

134,081

181,373

182,050

141,926

144,328

156,974

158,491

163,345

157,521

168,665

Other
Total

Year-to-Year Change in Other Reasons for Nondisclosure, 1998 to 2006
Reason Cited

1998-1999

1999-2000

2000-2001

2001-2002

2002-2003

2003-2004

2004-2005

2005-2006

2006-2007

1998-2007

-14%

15%

3%

-13%

23%

10%

1%

-4%

-6%

8%

3%

10%

-7%

-19%

19%

36%

-16%

6%

-23%

-7%

Request Withdrawn

-3%

-9%

-1%

66%

-27%

-13%

-2%

8%

16%

12%

Fee Related Reason

33%

-34%

27%

19%

-11%

15%

45%

-43%

-5%

8%

Not Reasonably Described

11%

-39%

-40%

-1%

287%

-65%

-10%

-1%

166%

29%

5%

-7%

35%

9%

-30%

34%

-4%

-54%

20%

-28%

-27%

-40%

-4%

7%

-21%

30%

-29%

277%

-68%

-60%

Duplicate Request

1%

17%

12%

29%

-4%

-55%

210%

-20%

-16%

53%

Other

9%

0%

-82%

27%

9%

-18%

-28%

46%

183%

-36%

35%

0%

-22%

2%

9%

1%

3%

-4%

7%

26%

No Records
Referrals

Not a Proper Request
Not an Agency Record

Total

Comparing FOIA Processing Costs, Workforce and Efficiency, 2006 to2007
2006
Department/
Agency
Agriculture
Commerce
Defense
Education
Energy
Homeland Sec.
HUD
Interior
Justice
Labor
State
Transportation
Treasury
CIA
CPSC
EEOC
EPA
GSA
NARA
NASA
NLRB
NRC
NSF
SEC
SBA
Subtotal
KEY:

Processing
Costs

Requests
Processed

2007

Cost per
Request

FTEs

Requests
per FTE

Processing
Costs

Requests
Processed

Cost per
Request

FTEs

Requests
per FTE

$10,990,198
$1,742,222
$64,181,003
2,502,689
$3,992,699
$27,384,371
$2,408,504
$7,895,813
$43,529,174
$15,787,200
$5,471,349
$7,500,350
$12,231,174
$8,870,000
$1,011,376
$2,499,564
$10,075,991
$1,334,000
$2,622,615
$1,473,386
$734,538
$1,060,923
$241,816
$4,283,262

59,065
1,987
72,266
1,904
3,861
111,943
2,631
5,086
54,925
23,608
3,866
8,758
39,518
2,579
4,728
16,936
12,685
1,454
8,884
1,132
5,553
364
340
8,268

$186
$877
$888
$1,314
$1,034
$245
$ 915
$1,552
$793
$669
$1,415
$856
$310
$3,439
$214
$148
$794
$917
$295
$1,302
$132
$2,915
$711
$518

206
19
824
27
67
1,031
41
125
459
179
108
72
116
75
10
46
277
18
32
22
7
5
2
40

287
105
88
71
58
109
64
41
120
132
36
122
449
34
473
368
46
81
278
51
761
73
227
207

$9,690,365
$1,329,011
$64,598,467
$2,334,654
$4,135,034
$22,618,918
$3,704,736
$9,797,472
$39,951,271
$17,757,759
$4,294,328
$7,181,964
$11,628,542
$9,000,000
$912,869
$2,492,130
$9,841,145
$1,440,000
$2,719,652
$1,920,656
$724,834
$1,109,456
$236,187
$3,509,418

31,651
1,949
78,392
1,670
3,698
135,297
7,661
5,437
53,889
27,581
4,792
9,542
28,785
3,031
4,402
14,879
12,066
1,347
12,386
1,326
4,278
351
343
12,564

$306
$682
$824
$1,398
$1,118
$167
$484
$1,802
$741
$644
$896
$753
$404
$2,969
$207
$167
$777
$1,069
$220
$1,448
$169
$3,161
$689
$279

170
19
971
23
21
811
69
184
421
225
104
84
122
82
10
41
119
24
30
24
10
7
2
32

186
105
81
73
176
167
112
30
128
123
46
114
236
37
440
366
101
56
413
56
450
50
229
393

$1,050,777

6,245

$168

15

414

$954,169

3,348

$285

12

274

$240,874,994

458,586

$526

3,823

120

$9,690,365

460,665

$508

3,614

127

Average and Above

Average and Below

Despite the presidential directive to improve service, agencies cut both overall FOIA spending and the number of employees who respond to
requests. The overall cost per request fell for the 25 agencies surveyed and the efficiency rate — requests handled per employee — improved.
Fifteen agencies spent well above the average, led by the Nuclear Regulatory Agency, the CIA and the Department of the Interior. The most
efficient agencies were the National Labor Relations Board, Consumer Product Safety Commission and National Archives.

Changes in Backlog and Agency Efficiency, 1998 to 2007
Requests
Processed

Year

Percent
Change

Percent
Change

Backlog

Cost per
Request

Percent
Change

Requests per
FTE

Percent
Change

1998
1999
2000
2001
2002
2003
2004
2005

574,935

—

13%

—

$300

—

136

—

589,387

3%

14%

8%

$220

-27%

137

1%

648,087

10%

13%

-7%

$283

29%

145

6%

537,423

-17%

18%

38%

$416

47%

138

-5%

515,638

-4%

16%

-11%

$429

3%

135

-2%

531,448

3%

16%

0%

$444

3%

136

1%

524,697

-1%

20%

25%

$437

-2%

144

6%

480,109

-8%

31%

55%

$494

13%

143

-1%

2006

458,586

-4%

39%

26%

$526

6%

120

-16%

2007

460,665

0%

33%

-15%

$508

-3%

127

6%

1998-2007
2000-2007

-114,270

-20%

—

153%

$207

69%

-7

-5%

-187,422

-30%

—

153%

$225

80%

-16

-11%

The backlog of FOIA requests has risen 138% and the cost per request 69% even as the number of requests has fallen since reporting began in
1998. The agencies improved their efficiency ratings over 2006, however.

FOIA Workforce Changes as Backlog Grows
Year

FTEs

Year to Year Change

Backlog

Year to Year Change

1998

4,239

—

13%

—

1999
2000
2001
2002
2003
2004
2005

3,901
4,185
3,507
3,828
3,903
3,650
3,350

-8%
7%
-16%
9%
2%
-6%
-8%

14%
13%
18%
16%
16%
20%
31%

8%
-7%
38%
-11%
0%
25%
55%

2006

3,830

14%

39%

26%

2007

3,614

-6%

33%

-15%

The FOIA workforce in the 25 agencies studied fell in 2007 after a sharp increase the year before. Agencies were able to reduce
backlog because the number of requests received declined.

The Growing Gap in FOIA Costs, Fees Collected, 1998 to 2007
Year

Total Cost

Percent Change

Total Fees

Percent of Total Cost

1998

$172,314,911

—

$2,671,831

1.6%

1999

$127,735,832

-26%

$2,956,815

2.3%

2000

$183,570,211

44%

$2,907,388

1.6%

2001

$212,981,503

16%

$3,353,280

1.6%

2002

$220,943,934

4%

$2,785,985

1.3%

2003

$235,821,688

7%

$3,142,723

1.3%

2004

$228,793,338

-3%

$3,063,469

1.3%

2005

$236,635,617

3%

$2,790,143

1.2%

2006

$240,874,994

2%

$3,140,836

1.3%

2007

$233,883,037

-3%

$2,993,792

1.3%

Costs have risen 36% since 1998, while fee revenues are up only 12%.

The Non-Granting of Requests for Expedited Handling, 2002 to 2007
Department/
Agency

2002
R

P

2003
%

R

P

2004
%

R

P

2005
%

R

P

2006
%

R

P

2007
%

R

P

%

—
—
NR
57
100%
5
2
40%
74%
1575
1304
83%
—
NR
11
—
—
NR
5
—
73%
294
200
68%
—
NR
1356
—
—
140
97
69%
40%
572
183
32%
—
NR
108
—
—
NR
8
—
—
208
80
—
—
NR
0
—
NR
0
—
0%
0%
0
0
—
57%
814
520
64%
—
30
5
17%
—
0
0
—
NR
2
—
25%
—
12
12 100%
—
NR
NR
—
—
14
0
—
NR
NR
—
—
—
0
0
—
NR
NR
—
—
64%
71%
* Department of Homeland Security was
KEY: R=Requests
P=Number Processed
%=Percent Processed NR=Not Reported
established in 2003.
The percentage of expedited requests granted rose to 71% among those reporting, with the Defense Department at the top at 83%. However, the failure of the State Department
to report on the number of requests received in either of the past two years may provide a slightly misleading picture. It granted only 4% when it last reported.
Agriculture
Commerce
Defense
Education
Energy
Home. Sec.
HUD
Interior
Justice
Labor
State
Trans.
Treasury
CIA
CPSC
GSA
EEOC
EPA
NARA
NASA
NLRB
NRC
NSF
SEC
SBA
Average

NR
0
1,238
25
66
*
71
53
2,677
NR
117
NR
108
0
0
NR
50
0
0
NR
NR
18
0
5
0

797
0
677
25
46
*
50
46
120
529
10
162
91
0
0
343
14
0
0
4
0
9
0
4
0

—
—
55%
100%
70%
*
70%
87%
4%
—
9%
—
84%
—
—
—
28%
—
—
—
—
50%
—
80%
—
25%

1,526
0
1,358
76
8
194
NR
79
290
594
177
400
77
0
0
NR
40
0
0
51
NR
23
1
11
0

840
0
817
76
4
187
150
24
123
406
13
103
67
0
0
292
4
0
0
51
0
10
0
11
0

55%
—
60%
100%
50%
96%
—
30%
42%
68%
7%
26%
87%
—
—
—
10%
—
—
100%
—
43%
0%
100%
—
56%

1,840
6
1,057
74
40
NR
180
133
257
NR
95
180
12
18
0
324
39
0
0
NR
NR
29
2
10
0

526
6
841
74
40
692
60
63
134
130
8
59
3
1
0
321
21
0
0
44
0
5
0
10
0

29%
100%
80%
100%
100%
—
33%
47%
52%
—
8%
33%
25%
6%
—
99%
54%
—
—
—
—
17%
0%
100%
—
51%

940
2
528
NR
54
NR
NR
54
536
NR
170
208
6
53
0
485
NR
0
2
5
NR
34
0
1
0

325
2
411
16
19
1,016
85
25
177
174
7
74
1
0
0
215
5
0
0
3
0
14
0
1
0

35%
100%
78%
—
35%
—
—
46%
33%
—
4%
36%
17%
0%
—
44%
—
—
0%
60%
—
41%
—
100%
—
41%

NR
8
955
NR
NR
1,674
NR
NR
845
NR
NR
NR
NR
40
4
748
NR
0
8
NR
0
NR
0
NR
0

255
8
708
15
58
1,229
90
39
341
113
16
81
9
0
0
428
18
0
2
9
0
2
0
0
0

Departments and Agencies Included in Study
Agriculture

Department of Agriculture

Commerce
Defense
Education
Energy
Homeland Sec.
HUD
Interior
Justice
Labor
State
Transportation
Treasury
CIA
CPSC
EEOC
EPA
GSA
NARA
NASA
NLRB
NRC
NSF
SEC

Department of Commerce
Department of Defense
Department of Education
Department of Energy
Department of Homeland Security
Department of Housing and Urban Development
Department of the Interior
Department of Justice
Department of Labor
Department of State
Department of Transportation
Department of the Treasury
Central Intelligence Agency
Consumer Product Safety Commission
Equal Employment Opportunity Commission
Environmental Protection Agency
General Services Administration
National Archives and Records Administration
National Aeronautics and Space Administration
National Labor Relations Board
Nuclear Regulatory Commission
National Science Foundation
Securities and Exchange Commission

SBA

Small Business Administration

HHS

Department of Health and Human Services

OPM
SSA

Office of Personnel Management
Social Security Administration

VA

Department of Veterans Affairs

The 25 agencies listed in the top section and shown in all of the
Coalition comparisons in this study are those included in frequent
Government Accountability Office reports on FOIA, and several
others with a high number of third-party FOIA requests.

The four agencies listed in the section at the bottom are also
regularly included in GAO studies but are shown only for reference
here, because most requests are from individuals seeking personal
records filed jointly under the Privacy Act and are routinely granted
with minimal delay.