Understanding the 2023 FOIA Report: Key Insights for Federal Government Contractors

The FY 2023 Annual FOIA (Freedom of Information Act) Report from the Office of Information Policy, United States Department of Justice, provides a detailed summary of FOIA actions throughout the federal government. This paper is especially useful for federal government contractors who want to negotiate the complexities of information requests as well as understand FOIA administration trends and practices.

In FY 2023, the federal government received a record-breaking 1,199,699 FOIA requests, a 29% increase over the previous fiscal year. This spike demonstrates the growing need for transparency and information. Notably, five agencies—the Department of Homeland Security (DHS), Department of Justice (DOJ), Department of Veterans Affairs (VA), National Archives and Records Administration (NARA), and Department of Defense (DOD)—received 82% of all requests. This concentration reveals where the majority of public interest is, and where contractors should spend their FOIA efforts.

The government processed 1,122,211 requests in FY 2023, a nearly 28% increase over FY 2022. This is a notable improvement, as the overall number of processed requests represents an agency's efficiency and capacity to handle public questions. Understanding which organizations handle the most requests can help contractors plan response times and manage expectations. For example, the DHS alone handled 580,205 requests, demonstrating its critical role in FOIA management.

The disposition of requests shows that 58.20% of the processed requests were substantively handled, which means that decisions were taken to release or withhold material based on FOIA exemptions. The remaining 41.8% were closed due to procedural or administrative issues. Importantly, 93.76% of substantively processed requests resulted in the complete or partial release of records, confirming the federal government's commitment to transparency. This high release rate is positive for contractors who rely on accessing government data.

The FOIA has nine exemptions to protect sensitive information, the most commonly mentioned of which are Exemptions 6 and 7(C), which protect personal privacy. These two exemptions accounted for approximately 60% of all citations, demonstrating the delicate balance of transparency and privacy. Contractors can benefit from understanding these exemptions by tailoring their requests more effectively, potentially lowering the risk of denial.

Backlogged requests are a key criterion for assessing FOIA efficiency. The report shows a 2.84% decrease in the backlog, with 200,843 pending requests at the end of FY 2023. DHS has the largest backlog, followed by the DOJ, HHS, State, and DOD. Knowing which agencies have major backlogs can help contractors plan and manage information-gathering deadlines. The efforts of agencies to minimize backlogs are encouraging, demonstrating that FOIA processing is improving with time.

Expedited processing is another critical area, particularly for urgent requests. In FY 2023, the government approved 51,265 petitions for accelerated processing, a 27.31% increase over the previous year. The average period for adjudicating these requests was 14.28 days. Contractors looking for faster responses might use this information to determine the possibility of accelerated processing.

The average processing time for basic requests has fallen marginally to 39.4 days. The percentage of difficult petitions processed in less than 20 days increased, thanks largely to DHS's efficiency. These numbers are critical for contractors in estimating the waiting time for their requests and planning their information-gathering techniques accordingly.

Administrative appeals, an important aspect of the FOIA process, showed a 6.79% drop in received appeals, reaching 14,443 in FY 2023. The backlog of administrative appeals has also diminished slightly. These statistics show a modest improvement in the appeals process, which is favorable to contractors who may need to contest initial FOIA judgments.

The staffing and expenditures connected with FOIA administration are significant. According to the study, there are 4,944.39 full-time FOIA staff across the government, with total FOIA-related costs of around $659.87 million. This data demonstrates the substantial resources dedicated to FOIA processing, reflecting the government's dedication to transparency.

Proactive disclosures are a key component of FOIA, providing public access to commonly sought material. In FY 2023, agencies made 226,121,699 documents available proactively, representing a 4.8% increase over FY 2022. Contractors can use these proactive disclosures to gain access to critical information without completing a FOIA request, saving time and costs.

Understanding the facts and trends in the Fiscal Year 2023 FOIA Report is critical for federal government contractors. It improves their ability to traverse FOIA processes, forecast response timeframes, and efficiently apply exclusions. Contractors can use these insights to optimize their information gathering efforts, improve compliance tactics, and increase overall efficiency in working with government entities.

Interested in learning more about FOIA?  Consider reading our article entitled Using FOIA requests to leverage Competitive and Business Intelligence.