FOIA statistics maintenance

The FOIA Disclosure Officer must keep a record of how many times the agency decided not to comply and document the reasons for each decision. See 2201.11(a)(1).

• Maintain an entry for each denial that includes the request identifier, date of determination, and the specific reason for the denial (for example, the FOIA exemption cited).
• Keep these records in a searchable format so you can report totals and reasons as required.

You must record the number of appeals filed, the outcome of each appeal, and the reason for any denial on appeal. See 2201.11(a)(2).

• For each appeal, track the appeal ID, filing date, disposition (granted, partially granted, denied), and the basis for denial when applicable.
• Keep documentation that supports the appeal result in case of future review or reporting.

The agency must keep a complete list of all statutes it relied on to withhold information under [5 U.S.C. 552(b)(3)] and count how often each statute was used. See 2201.11(a)(3).

• Record the statute citation, a short description of the statutory exemption, and the number of occasions it was invoked during the reporting period.
• Maintain supporting case files or decision memos showing how the statute applied to each withheld item.

You must record whether a court has upheld the agency's decision to withhold information under each cited statute and provide a concise description of the scope of any information that the court upheld. See 2201.11(a)(4).

• For each statute, note the case name, court, decision date, and a short summary of what the court allowed to remain withheld versus what was ordered released.
• Retain the court opinions or a summary memo to support the entry.

You must record the number of FOIA requests pending as of September 30 of the preceding year and report the median and average number of days those requests had been pending as of that date. See 2201.11(a)(5).

• For each pending request, capture the original receipt date and calculate elapsed days up to September 30.
• Use those elapsed-day values to compute the average (mean) and the median (middle value) for reporting.

The agency must report how many FOIA requests it received during the period and how many it processed. See 2201.11(a)(6).

• "Received" usually means the date the agency logged the request.
• "Processed" typically means the agency completed action on the request (for example, issued a determination or released the requested records). Document your definitions so reporting is consistent.

The agency must report the median number of days to process different types of requests based on the date the requests were received. See 2201.11(a)(7).

• Group requests by type (for example, simple, complex, commercial, or expedited) and calculate the median processing days for each group.
• Use the request receipt date as the start point and the date the agency completed processing as the end point.

The agency must maintain the average number of days to respond to requests (from receipt), the median number of days, and the range of days for responses. See 2201.11(a)(8).

• Calculate average (mean), median, and minimum/maximum days based on the interval from request receipt to agency response date.
• Keep the dataset used for these calculations to support annual reporting and audits.

The agency must count how many requests received determinations within periods up to and including 20 days, and in successive 20-day increments up to and including 200 days. See 2201.11(a)(9)(i).

• Create bins: 0–20 days, 21–40 days, ... up to 181–200 days, and tally requests in each bin based on business days elapsed.
• Use the request receipt date as day 1 and count business days per 2201.11(a)(9).

The agency must report the number of requests that received determinations in a period greater than 200 days and less than 301 days. See 2201.11(a)(9)(ii).

• Count and list requests whose business-day elapsed time falls in the 201–300 day range.
• Include this category as part of the time-to-determination distribution required under 2201.11(a)(9).

The agency must report the number of requests that received determinations in a period greater than 300 days and less than 401 days. See 2201.11(a)(9)(iii).

• Tally requests with business-day elapsed times in the 301–400 day bracket.
• Include these counts in your time-to-determination statistics for annual reporting.

The agency must report the number of requests that received determinations in a period greater than 400 days. See 2201.11(a)(9)(iv).

• Count all requests whose business-day elapsed time exceeds 400 days and provide that total in your distribution of response times.
• Track reasons for delays so you can explain prolonged processing times in reports.

The agency must track the average number of days from the original filing date until the agency provided the granted information, the median number of days, and the range. See 2201.11(a)(10).

• Use the request filing date as the start and the date the requester actually received the records as the end.
• Record mean, median, and minimum/maximum days to deliver the granted records.

The agency must report the median and average number of business days to respond to administrative appeals, plus the highest and lowest number of business days taken. See 2201.11(a)(11).

• Calculate these measures using the appeal receipt date as the start and the agency response date as the end.
• Keep the dataset so you can identify outliers and support your reported highest and lowest values.

The agency must keep data on the 10 active requests with the earliest filing dates pending at the agency, including how much time has elapsed since each request's original receipt. See 2201.11(a)(12).

• For each of the 10 oldest active requests, record the request ID, receipt date, current status, and elapsed business days.
• Update this list regularly so the entries reflect the true oldest pending items as of reporting time.

The agency must record data on the 10 active administrative appeals with the earliest filing dates pending as of September 30, including the number of business days elapsed since each appeal was originally received. See 2201.11(a)(13).

• Track appeal ID, filing date, current status, and business-day elapsed time for each of the 10 oldest active appeals.
• Use these entries to explain long-pending appeals in the annual report.

The agency must report how many expedited review requests were granted and denied, the average and median number of days to decide expedited requests, and how many were adjudicated within the required 10 days. See 2201.11(a)(14).

• Use the receipt date of the expedited request as the start point to calculate elapsed days.
• Track counts of decisions made within 10 business days versus those that exceeded 10 days and document reasons for exceptions.

The agency must keep the number of fee waiver requests granted and denied and report the average and median number of days for adjudicating those determinations. See 2201.11(a)(15).

• Record each fee waiver request with receipt date, decision, and number of days to decision.
• Use these records to compute the required averages and medians for reporting.

The agency must record the total amount of fees collected for processing FOIA requests during the reporting period. See 2201.11(a)(16).

• Keep a ledger or summary showing fees assessed, fees collected, and any waivers or adjustments.
• Retain backup documentation (invoices, receipts) to support the total reported.

The agency must report the number of full-time staff devoted to processing FOIA requests. See 2201.11(a)(17).

• Count staff whose primary duties are FOIA processing; for part-time staff, convert hours to full-time equivalents and document the method.
• Keep organizational charts or staffing lists to support the reported totals.

The agency must record the total amount expended to process FOIA requests during the reporting period. See 2201.11(a)(18).

• Include salaries, contractor costs, litigation expenses, and other direct costs related to FOIA processing.
• Maintain supporting financial records to justify the total expenditure reported.

The FOIA Disclosure Officer must annually prepare and submit an annual report to the Attorney General by February 1 that covers all the categories of records maintained under paragraph (a) for the previous fiscal year. See 2201.11(b).

• The report should compile the statistics and summaries identified in 2201.11(a).
• Keep an internal calendar and documented workflow to ensure timely collection, review, and submission before the February 1 deadline.

Calculate averages and medians using the difference between the request receipt date and the relevant cutoff or completion date, then compute mean and median from those elapsed-day values. See 2201.11(a)(5) and 2201.11(a)(7).

• For pending requests (as of Sept 30), use elapsed days from receipt through Sept 30.
• For processed requests, use elapsed days from receipt to the date processing was completed.
• Use consistent business-day counting (exclude weekends/holidays) if your agency defines business days that way; document whichever method you use.

When reporting under 2201.11(a)(9), calculate elapsed business days from the request receipt date to the determination date excluding weekends and federal holidays that your agency observes. See 2201.11(a)(9).

• Use an established calendar of agency-observed holidays and a consistent counting method (e.g., day after receipt = business day 1 if it is a business day).
• Document the counting convention so results are reproducible for audits and reporting.

For each of the 10 oldest active requests, include a brief status note explaining delays (such as consultations, searches in multiple offices, or need for redactions) along with the elapsed time required by 2201.11(a)(12).

• Record current processing steps, offices consulted, and estimated completion steps.
• These notes help the Attorney General and oversight reviewers understand long-pending items in the annual report.

Create a table that lists each statute relied upon under 2201.11(a)(3), the number of occasions it was used, and an entry noting whether courts have upheld the withholding and the scope of any upheld information per 2201.11(a)(4).

• Columns to include: statute citation, short description, occasions relied upon, court cases (name/date), court outcome (upheld/overturned), and scope summary.
• Keep links or PDFs of the court opinions with the table for easy reference during audits or report preparation.