Freedom of Information Act Requests in FY2020: By the Numbers

Freedom of Information Act Requests in FY2020: By the Numbers

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October 26, 2021
Freedom of Information Act Requests in FY2020: By the
Numbers
The Freedom of Information Act (FOIA; 5 U.S.C. §552)
Requests Received
establishes a presumption that agency records in the
Government-wide, agencies reported that the number of
possession of the executive branch and departments of the
FOIA requests submitted in FY2020 fell 7.95% from the
federal government are accessible to the public. Under
previous year (790,688 requests in FY2020 from 858,952 in
FOIA, the burden of proof to access government
FY2019).
information shifted from a requester’s “need to know” to a
“right to know” doctrine, where the federal government has
In both FY2020 and FY2019, the Department of Homeland
to show a need to keep the information secret (H.Rept. 109-
Security (DHS) and DOJ reported receiving the most and
226). Government-wide information on the administration
second most FOIA requests of any agency. In FY2020, the
of FOIA is provided by the Department of Justice (DOJ) at
Department of Defense reported the third most requests.
http://www.foia.gov.
The National Archives and Records Administration
reported the third most requests in FY2019.
This In Focus provides and discusses information from
agencies on the volume of FOIA requests during FY2020
Within DHS and DOJ, the U.S. Citizenship and
and FY2019 that were received, processed, and backlogged.
Immigration Services at DHS and the Executive Office for
Immigration Review at DOJ led their departments in the
About the Data
number of requests received in FY2019 and FY2020.
Data in this In Focus were drawn from FOIA.gov. Please
note the site’s data are self-reported from federal agencies.
Requests Processed
Additionally, the number of agencies that participate and
Under 5 U.S.C. §552(a)(6), upon receipt of a FOIA request,
submit data may vary from year to year. Thus, CRS can not
each agency is to determine, in most cases within 20
certify all agencies are included in this data set. More
business days, whether it will comply with such a request
information is available on data collection and reporting
and notify the requester of the agency’s determination.
from the DOJ, Office of Information Policy, at
After the initial notification, the time it takes to process a
https://www.justice.gov/oip/guidance-agency-foia-
FOIA request depends on the nature and scope of the
administration-light-covid-19-impacts.
material requested. A simple FOIA request is one that an
agency anticipates will involve a small volume of material
FOIA in FY2020
or which will be able to be processed relatively quickly.
During FY2020, the COVID-19 pandemic affected the
Complex requests typically seek a high volume of material
processing and release of information in response to FOIA
or require additional steps to process, such as the need to
requests. For example,
search for records in multiple locations.
 requests related to the pandemic were prioritized and
FOIA requests can be expedited in cases where the
expedited, which may have delayed responses to other
requester demonstrates a “compelling need” for the
requests;
information (5 U.S.C. §552(a)(6)(E)). Whereas agencies are
expected to initially respond to most FOIA requests within
 changes to staffing schedules may have disrupted
20 days, agencies must determine within 10 days whether
employees’ availability to participate in the coordinated
they will grant expedited processing.
efforts needed to comply with some requests; and
Processed Requests
 remote work may have resulted in employees being
Processing a FOIA request involves locating and
unable to locate and access responsive information to
transmitting relevant information to requesters, and
comply with requests when that information was only
sometimes requires a variety of employees or offices to
available in physical formats .
respond.
For more information on the effects of the COVID-19
Federal agencies reported that they processed 772,869
pandemic on FOIA processing, please see CRS Report
FOIA requests in FY2020, a decrease from 877,964
R46292, Freedom of Information Act (FOIA) Processing
processed requests in FY2019. In FY2020, on average
Changes Due to COVID-19: In Brief, by Kathleen E.
(mean), simple requests were processed in 30 days (down
Marchsteiner and Meghan M. Stuessy.
from 39 days in FY2019) and complex requests took 181
days (up from 156 days in FY2019); see Figure 1.
Expedited requests were processed, on average, in 116 days
(17 more days than in FY2019). In total, it took an average
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Freedom of Information Act Requests in FY2020: By the Numbers
of 97 days for agencies to process all kinds of FOIA
Table 1. FOIA Exemption Use in FY2020 and FY2019
requests in FY2020, including simple, complex, and
expedited. This reflects an 8-day increase from FY2019,

2020
2019
where all kinds of FOIA requests were processed, on
Exemption 1
3,263
4,165
average, in 89 days.
Exemption 2
1,352
1,439
Figure 1. FOIA Request Processing Time (in days)
Exemption 3
64,254
71,765
Exemption 4
12,650
13,234
Exemption 5
59,057
73,706
Exemption 6
250,292
267,071
Exemption 7(A)
9,831
10,637
Exemption 7(B)
9,831
1,013
Exemption 7(C)
235,983
267,137

Exemption 7(D)
5,166
7,031
Source: Agency FOIA data on FOIA.gov, and CRS calculations.
Notes: Processing time is the average (mean) number of days. This
Exemption 7(E)
210,751
248,562
average includes al days except weekends and legal public holidays.
Exemption 7(F)
2,689
2,964
For more information on the counting method, see Department of
Justice, Office of Information Policy, at https://www.justice.gov/oip/
Exemption 8
188
200
guidance-agency-foia-administration-light-covid-19-impacts.
Exemption 9
20
71
Backlogged Requests
Source: Agency FOIA data on FOIA.gov.
Requests that have not received an initial agency response
according to the statutory limits are considered
For more information on the applicability and definitions of
“backlogged” requests (Section 3 of Executive Order
exemptions, see CRS Report R46238, The Freedom of
13392). In FY2019, federal agencies reported 120,436
Information Act (FOIA): A Legal Overview, by Daniel J.
backlogged requests and 5,087 backlogged appeals. In
Sheffner.
FY2020, agencies reported 141,762 backlogged requests,
and 5,072 backlogged appeals.
Appealed Requests
Requesters may make an administrative appeal to the
DHS and DOJ reported the highest number of backlogged
agency if they are unsatisfied with an agency’s response to
requests; however, these agencies also received the largest
their FOIA request (either with the content provided or with
number of requests government-wide in the period
the rejection of their request). If the parties cannot resolve
examined.
their dispute, the requester may call upon the assistance of
the FOIA Ombudsman at the Office of Government
Use of Exemptions
Information Services within the National Archives and
Under 5 U.S.C. §552(b), nine categories of information are
Records Administration to mediate the appeal. At the start
exempt from disclosure. An agency may only withhold
of FY2020, federal agencies had 6,079 appeals pending (up
information if (1) the agency reasonably foresees that
from 5,611 in FY2019). Over the course of the fiscal year,
disclosure would harm an interest protected by one of the
they received 14,943 appeals (down from 15,387 in
statutory exemptions or (2) the disclosure is prohibited by
FY2019) and processed 15,244 (up from 15,022 in
law (see also, Attorney General Holder’s Memorandum for
FY2019).
Heads of Executive Departments and Agencies Concerning
the Freedom of Information Act, 74 Federal Register 51879
Issues for Congress
(October 8, 2009)).
Congress may consider policies that would improve the
timeliness and comprehensiveness of FOIA responses. The
In FY2020, Exemption 6, which protects certain personal
National Archives and Records Administration’s FOIA
information in personnel, medical, and similar files, was the
Advisory Committee has suggested introducing FOIA
most utilized exemption; see Table 1. Exemption 7(C),
measurements into employee performance reviews,
which protects certain personal information in law
centralizing FOIA request processing, or contracting
enforcement records, was the most utilized exemption in
support staff to assist with surges.
FY2019.
Meghan M. Stuessy, Analyst in Government Organization
Another common type of exemption invoked in both fiscal
and Management
years was Exemption 7(E), which applies to techniques,
Kathleen E. Marchsteiner, Senior Research Librarian
procedures, and guidelines pertaining to law enforcement
investigations or prosecutions.
IF11955

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Freedom of Information Act Requests in FY2020: By the Numbers

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