FOIA Advisor

FOIA News: A tale of two agencies

FOIA News (2026)Allan BlutsteinComment

On January 26, 2026, we reported that we had found online 14 annual agency FOIA reports for fiscal year 2025, and we posted ten more reports on February 3, 2026.. The following two new reports from the Department of Education and the SEC indicate that FY 2025 was the “worst of times” for the former agency and—by comparison—better times (but not necessarily “the best”) for the latter.

U.S. Dep’t of Education:

  • 5266 requests received, up from 4560 in FY 2025; 3916 requests processed, up from 3119 in FY 2024.

  • Backlogged requests increased from 2485 to 4570; or 83 percent. Of the 3916 requests that the agency counted as “processed,” 1508 were withdrawn by requesters.

  • Backlogged appeals increased from 21 to 29.

  • For all processed perfected requests, an average response time of about 171 days for “simple” requests, and an average of about 128 days for “complex” requests.

  • Of 375 requests for expedited processing, eight granted.

  • Of 1385 requests for a fee waiver, 998 granted.

  • $13 total mount of fee collected for processing requests.

Securities & Exchange Comm’n:

  • 13254 requests received, up from 10,811 in FY 2024; 12,249 requests processed, up from 10,985 in FY 2024

  • Backlogged requests increased slightly from 475 to 494; zero backlogged appeals in the past two years.

  • For all processed perfected requests, an average response time of about 6 days for “simple” requests, and an average of about 47 days for “complex” requests.

  • Of 670 requests for expedited processing, none granted.

  • Of 701 requests for a fee waiver, three granted.

  • Zero fees collected for processing requests.