A building block of American democracy is the idea that as citizens, we have a right to information about how our government works and what it does in our name. The Freedom of Information Act (FOIA) requires federal agencies to promptly respond to public requests for information unless disclosure of the requested information would harm a protected interest. Unfortunately, since its passage in 1966 and reform in 1974, federal agencies have failed to implement the law consistently, which can make it challenging for citizens to gain access to public information as the law guarantees.

Making the Grade: Access to Information Scorecard 2014 evaluates the performance of the 15 federal agencies that received the greatest number of FOIA requests in fiscal year 2012. These agencies received over 90 percent of all information requests that year. Below are summaries of how each of the agencies performed.


Social Security Administration – 83% (B)

Sterling performance by the Social Security Administration (SSA) in its processing of Freedom of Information Act (FOIA) requests helped it overcome lower scores in the other areas, including a very low score for regulations, to earn the top score of B overall (83 percent). Even for the top performing agency, an overall A grade remained elusive due to inconsistent performance in the three graded categories. While there are improvements to be made on a modest 70 percent score for website content, SSA's biggest area of concern is regulations, where it received a 46 percent. Updating the agency’s rules to adopt modern best practices would greatly increase the chances of earning an A overall. Meanwhile, its processing accomplishments remain an example for other agencies.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of Justice – 81% (B-)

Strong A grades for its FOIA website and updated disclosure policies propel the overall score for the Department of Justice (DOJ), earning a 95 percent and 92 percent, respectively. However, a 69 percent score in processing, the most heavily weighted section, keeps DOJ from achieving an overall A. Reducing backlogs and increasing the proportion of simple requests completed within the 20-day mandated FOIA time period are excellent places to start.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Environmental Protection Agency – 78% (C+)

Following close behind, the U.S. Environmental Protection Agency (EPA) earned a score of 78 out of 100. EPA earned robust grades for its policies and websites but fell down in processing requests, receiving a 69 percent score for processing. An immediate concentration for EPA's efforts would be increasing the amount of requests responded to within 20 days. Coupled with small improvements in both disclosure rules and website categories, an overall A grade is attainable for EPA.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of Agriculture – 77% (C)

While earning passing grades across all three categories, the Department of Agriculture (USDA) still has room for improvement. USDA performed reasonably in processing and disclosure policies, but its website needs work. Reworking its electronic reading room to include FOIA logs and a search function, in addition to offering online submission and tracking of appeals, would be significant improvements. But its consistent performance across the board puts USDA in a great position to move up into the B’s or even A’s in future scorecards with some focused attention and effort.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of Transportation – 65% (D)

The Department of Transportation (DOT) had a decent 71 percent score in processing, but it still has plenty of room for improvement in all three categories. Increasing the amount of requests it responds to within the 20-day FOIA mandate would improve processing. DOT’s weakest score was in the websites section, where the evaluated agency component (the Federal Aviation Administration) should add FOIA request and appeals tracking to its website, along with informational tutorials. Updating its disclosure rule to include provisions on publishing online indexes of disclosed records, committing to contacting requesters before denying a request as unreasonable, and establishing 60 days as the time limit for filing appeals would also help the agency improve its 67 percent score on disclosure rules. While an overall A may not be within immediate reach, improvement to a C or B is a plausible scenario for DOT.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Securities and Exchange Commission – 65% (D)

A capable 73 percent processing score helps the Securities and Exchange Commission (SEC) achieve an overall passing score. However, failing grades for disclosure rules (58 percent) and website content (55 percent) are the immediate areas of concern for the SEC. Online submission of appeals, plus tracking for both requests and appeals, would improve the website grade. SEC can pick up disclosure rule points by adding language making it clear that the agency will not waste time checking with confidential business information submitters if the records were already public, release was required, or the information wouldn’t be released anyway. The SEC is one of only three reviewed agencies that did not have such a provision. Also including basic commitments, such as acknowledging requests as quickly as possible and seeking clarification when necessary, would help the agency’s rules score. With these improvements, a grade in the C or B range is achievable for the SEC on the next scorecard.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of the Treasury – 64% (D)

Showing success with an 83 percent for its disclosure policies, the Treasury Department unfortunately stumbles to a 67 percent in processing and a failing score of 40 percent for its FOIA website. A strong makeover is needed on the FOIA website of the agency's evaluated component, the Internal Revenue Service. Online submission and tracking of requests and appeals, along with a much-expanded electronic reading room, would help. The agency can also make immediate improvements like adding a search function and FOIA logs, in addition to prominent displays on its main FOIA webpage. While processing may take longer, the agency may want to focus on speeding up response times to ensure a maximum percentage of requests are being completed under the 20-day requirement and ensure that its appeal process is as objective as possible when reviewing previous decisions.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of Health and Human Services – 61% (D-)

Solid FOIA website performance at 80 percent gives the Department of Health and Human Services's (HHS) overall score a boost into passing territory with a 61 percent score. Improvement is much needed, however, in both processing and disclosure policies sections. Processing starting points include continuing to reduce the size of HHS' request backlog while reducing the average time to respond to requests and appeals. Adopting the practices of expanding online publication of updated regulations and increased interactivity with FOIA requesters are strong foundations for healthy, effective disclosure. HHS has the potential to vastly improve its grade over the next scorecard evaluation period to the C or even B range.

Read the full text of Making the Grade: Access to Information Scorecard 2014


National Archives and Records Administration – 59% (F)

An A- for its FOIA website is the highlight grade for the National Archives and Records Administration (NARA), helped by the agency's participation in FOIAonline. However, with a 48 percent for processing and 50 percent for disclosure policies, it’s clear where NARA should concentrate its focus going forward. Improving on some measures of timeliness should be a goal for the agency. NARA’s disclosure rule score would rise significantly if the agency included basic communication commitments such as acknowledging requests as soon as possible, seeking clarification from requesters when necessary, and contacting requesters about their inquiries before denying them as unreasonable. As an agency dedicated to the preservation of records, NARA may also consider including language in its rule about preventing the destruction of requested records; it was one of only six reviewed agencies that did not have such language already. With progress, NARA could move up to a passing grade.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Equal Employment Opportunity Commission – 58% (F)

The Equal Employment Opportunity Commission's (EEOC) final score reflects the need for improvement in all three graded areas. Scoring a 67 percent for processing, EEOC would benefit by improving its response times for all requests with the goal of completing them within the 20 days required by FOIA. An expanded, reworked electronic reading room is the most extensive aspect of website improvement EEOC could undertake. Adding links to FOIA resources and online appeals submission and tracking would also boost the agency’s website score. The EEOC, which tied with the State Department for the lowest disclosure rule score at 33 percent, has many provisions in need of updating. The agency could start with commitments to publish online indexes of disclosed records, prevent the destruction of requested records, and notify requesters when a referring their request to another agency. Including other policies focused on improving communications with requesters, such as acknowledging requests as soon as possible, seeking clarification when necessary, and providing a website or e-mail address for submitting requests, would also help. Applying these improvements could boost the agency's score significantly in future scorecards.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of Labor – 56% (F)

Earning a strong B+ for its disclosure rules, the Department of Labor's (DOL) performance drops to 60 percent for its FOIA website. The agency could improve that score by implementing online request and appeal submissions and tracking and adding links to FOIA resources. But the agency’s 38 percent score in processing will require a more long-term approach. The agency can start by focusing on improving the average days it takes to respond to appeals, increasing the percentage of requests for expedited processing adjudicated within 10 days, and increasing the number of requests fully granted.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of Veterans Affairs – 53% (F)

The Department of Veterans Affairs (VA) earned fairly low scores in all three sections of the scorecard. The VA's 44 percent score in processing, though, is the area most in need of improvement. The agency can concentrate on improving the average days the agency takes to respond to appeals, adjudicating expedited requests within 10 days, and increasing full grants in response to requests. The VA is one of the two reviewed agencies that has updated its disclosure rule since the Open Government Act of 2007. However, the agency missed including basic modern improvements such as providing a website or e-mail address for request submissions or committing to post online indexes of disclosed records. The agency’s rule score would also benefit from basic communication policies such as acknowledging requests as soon as possible, seeking clarification from requesters when necessary, and contacting requesters about their inquiries before denying them as unreasonable. To improve its website score, the VA will need to implement online submission and tracking of requests and appeals.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of Defense – 51% (F)

The Department of Defense (DOD) receives failing grades for all three categories: 54 percent for processing, 38 percent for disclosure rules, and 57 percent for website content and online services (at its evaluated agency components, the Army and Navy). Website scores can be increased by improving functionality of the Army's and Navy's FOIA websites and beginning routine online disclosure of previously released material. The agency’s low processing score can be improved by bringing down the average days the agency takes to respond to appeals, bringing down its request backlog, and increasing the percentage of requests fully granted.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of Homeland Security – 51% (F)

The Department of Homeland Security (DHS) will be able to easily identify its main shortcoming: with a respectable 79 percent for disclosure rules and a foundation of 60 percent for its website (at its evaluated agency component, U.S. Citizenship and Immigration Services), the agency's 33 percent processing score hurts its performance the most. DHS should maintain its focus on improving timeliness, including responding to simple requests within 20 days, and explore how to increase its rate of full grants to requesters. A top processing score may not be in the immediate future for DHS, but progress can begin right away.

Read the full text of Making the Grade: Access to Information Scorecard 2014


Department of State – 37% (F)

State's FOIA website earned a solid B-, with a reading room that other agencies should emulate. However, scores of 17 percent on processing and 33 percent for disclosure rules means State's FOIA struggles are fundamental, requiring long-term culture change. The agency can add basic communication policies to its disclosure rule, such as acknowledging requests as soon as possible, seeking clarification from requesters when necessary, notifying requesters when their inquiries have been referred to other agencies, and contacting requesters about their inquiries before denying them as unreasonable. While making a strong showing on reversed appeals, all other areas of processing are in dire need of improvement. Many of the department’s processing figures fall so far short of the scorecard’s standards that it is unlikely the agency could advance to a passing processing score within a year. However, because the scorecard also awards for improvement over the previous year, State can still increase its score if it moves its figures in the right direction.

Read the full text of Making the Grade: Access to Information Scorecard 2014

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