Section V: Steps Taken to Remove Barriers to Access, Improve Timeliness in Responding to Requests, and Reduce Backlogs

The Attorney General’s 2022 FOIA Guidelines instruct agencies “to remove barriers to requesting and accessing government records and to reduce FOIA processing backlogs.”  Please answer the following questions to describe how your agency is removing barriers to access, improving timeliness in responding to requests, and reducing FOIA backlogs. 

A. Remove Barriers to Access

1. Has your agency established alternative means of access to first-party requested records outside of the typical FOIA or Privacy Act process?

Yes.

2. If yes, please provide examples. If no, please indicate why not. Please also indicate if you do not know.

HHS has provided first-party requesters seeking several types of records with alternative means of obtaining first-party records outside of the FOIA process.  This includes the option for first-party requesters to submit their requests to the system manager of the applicable system of records, if known, at the address listed in the System of Records Notice.   Other, more specific examples include:

• CMS provides access to first-party data outside the FOIA process through the CMS Blue Button tool available on CMS.gov and through Data.CMS.gov. These secure and reliable websites allow access to Medicare data and records and make it easily shareable with doctors, pharmacies, and caregivers through web applications.
• FDA provides companies with a mechanism to obtain their own Establishment Inspection Reports outside of the FOIA process using the procedures outlined in Field Management Directive – 145.
• IHS provides patients with direct access to their medical records through the IHS Personal Health Record, an online tool that allows patients to track health progress, message a doctor, refill medication or request copies of medical records.

Additionally, some HHS agencies have separate Privacy Act Offices that take the lead on first-party requests and process those requests to the extent that those requests can be fully granted under the Privacy Act. 

3. Please describe any other steps your agency has taken to remove barriers to accessing government information.

HHS focused on improving the process for identifying and posting proactive disclosures. In FY 2026, the Department invested in technology to centralize posting of frequently requested records and proactive disclosures.  HHS anticipates launching this portal in Spring 2026.

CMS created multiple avenues (i.e., CMS websites such as Data.CMS.gov, Medicare.gov, CMS.gov, and others) for the public to access data and information.  Additionally, CMS identifies records of interest to the public and systematically posts such records in an accessible manner.  CMS also uses information and communication technology, such as assistive technology, to ensure government information is accessible to all individuals, including those with disabilities.  CMS provides information to requesters in their accessible format preference, upon request, working closely with CMS’s Customer Accessibility Resource Staff.

HHS also provides the public with instructions on how to submit a Privacy Act, including any forms that need to be completed or any information that an individual needs to provide to verify their identity.  This ensures that first-party requesters or their authorized representatives can obtain the maximum amount of information disclosable by law under both the FOIA and the Privacy Act when requesting information maintained in a Privacy Act System of Records.  

B. Timeliness

4. For Fiscal Year 2025, what was the average number of days your agency reported for adjudicating requests for expedited processing? Please see Section VIII.A. of your agency's Fiscal Year 2025 Annual FOIA Report.

For FY 2025, 16.4 was the average number of days reported for adjudicating requests for expedited processing.

5. If your agency's average number of days to adjudicate requests for expedited processing was above ten calendar days, according to Section VIII.A. of your agency's Fiscal Year 2025 Annual FOIA Report, please describe the steps your agency will take to ensure that requests for expedited processing are adjudicated within ten calendar days or less.

HHS reduced the average number of days by nearly five days compared to last year. The Department will continue its efforts to reduce this time by ensuring that determinations about expedited processing are a standard part of the intake process, reviewing and updating Standard Operating Procedures, actively monitoring requests for expedited processing, and providing guidance to intake staff on how to accurately update case management systems in a timely manner to capture expedited processing determinations.  

6. Does your agency utilize a separate track for simple requests?

Yes.

7. If your agency uses a separate track for simple requests, according to Annual FOIA Report section VII.A, was the agency overall average number of days to process simple requests twenty working days or fewer in Fiscal Year 2025?

No.  The average number of days to process simple requests was 49.72 days in Fiscal Year 2025.

8. If not, did the simple track average processing time decrease compared to the previous Fiscal Year?

The average number of days required to process simple requests increased from 24.45 days in FY 2024 to 49.72 days in FY 2025. This increase reflects significant variation in processing times reported across Operating Divisions, with simple request processing ranging from as few as two days (SAMHSA) to as many as 160 days (NIH).

In FY 2026, the Department will establish standardized guidance for defining “simple requests” and for improving tracking and reporting practices. These actions are intended to enhance consistency across Operating Divisions and improve the timeliness and quality of responses within the simple request track.

9. Please provide the percentage of requests processed by your agency in Fiscal Year 2024 that were placed in your simple track. Please use the following calculation based on the data from your Annual FOIA Report: (processed simple requests from Section VII.C.1) divided by (requests processed from Section V.A.) x 100.

The percentage of requests processed in FY 2025 in the simple track was 20.45% 

10. If your agency does not track simple requests separately, was the average number of days to process all non-expedited requests twenty working days or fewer?

N/A

C. Backlogs

BACKLOGGED REQUESTS

11. If your agency had a backlog of requests at the close of Fiscal Year 2025, according to Annual FOIA Report Section XII.D.2, did that backlog decrease as compared with the backlog reported at the end of Fiscal Year 2024?

The overall HHS backlog increased by 64.68% last year.

12. If not, according to Annual FOIA Report Section XII.D.1, did your agency process more requests during Fiscal Year 2025 than it did during Fiscal Year 2024?

Yes.  The number of requests processed increased from 46,923 in FY 2024 to 47,489 in FY 2025 (1.2%).

13. If your agency’s request backlog increased during Fiscal Year 2025, please explain why and describe the causes that contributed to your agency not being able to reduce its backlog. When doing so, please also indicate if any of the following were contributing factors:

• An increase in the number of incoming requests
• A loss of staff
• An increase in the complexity of the requests received (if possible, please provide examples or briefly describe the types of complex requests contributing to your backlog increase)
• Litigation
• Any other reasons – please briefly describe or provide examples when possible

HHS’s backlog increased in Fiscal Year 2025, in large part, because the Department received more FOIA requests than it has received in any year since FY 2013 – approximately 55,000.  This marked a 6% increase over the number of FOIA requests received in Fiscal Year 2024 and a 66% increase in the number of FOIA requests received just four years prior in Fiscal Year 2021. 

The large increases in the number of requests received by HHS FOIA Offices have been spurred by requesters seeking messages sent by government workers that contain terms related to various political issues.  Requests for messages sent by government workers that contain specific terms are often complex in nature, requiring limited IT resources to conduct enterprise searches that often yield thousands of pages of records, requiring de-duplication and a line-by-line review for exempt material.  

HHS also continues to defend a significant number of FOIA lawsuits.  Litigation drains resources away from routine processing. Litigation not only shifts resources from processing other requests, but the time to process each request in litigation multiples because of the number of iterative reviews and meetings/communications with numerous stakeholders, e.g., subject matter experts, Office of General Counsel, and the U.S. Department of Justice. 

In FY 2026, HHS will implement the following measurable actions to reduce the backlog and improve processing timeliness:

• Reduce the overall FOIA backlog by at least 5% by the end of FY 2026.
• Decrease the average processing time for simple requests by 10% compared to FY 2025.
• Increase the number of requests processed by at least 8% over FY 2025 levels.
• Expand the use of technology-assisted review and enterprise search tools, with implementation across 60% of Operating Divisions handling high-volume email searches.
• Provide advanced FOIA training to at least 90% of FOIA professionals to improve consistency, efficiency, and quality of reviews.

14. If you had a request backlog, please report the percentage of requests that make up the backlog out of the total number of requests received by your agency in Fiscal Year 2025. Please use the following calculation based on data from your Annual FOIA Report: (backlogged requests from Section XII.A) divided by (requests received from Section V.A) x 100.  This number can be greater than 100%.  If your agency has no request backlog, please answer with “N/A.”

Backlogged requests made up 33% of the total number of requests received by HHS in FY 2025.

BACKLOGGED APPEALS

15. If your agency had a backlog of appeals at the close of Fiscal Year 2025, according to Section XII.E.2 of the Annual FOIA Report, did that backlog decrease as compared with the backlog reported at the end of Fiscal Year 2024?

The overall HHS appeals backlog increased by 12% compared to FY 2024.

16. If not, according to section XII.E.1 of the Annual FOIA Report, did your agency process more appeals during Fiscal Year 2025 than it did during Fiscal Year 2024?

No.  HHS processed 214 appeals in FY 2025, 143 fewer than the 357 appeals processed in FY 2024.

17. If your agency’s appeal backlog increased during Fiscal Year 2025, please explain why and describe the causes that contributed to your agency not being able to reduce its backlog. When doing so, please also indicate if any of the following were contributing factors:

• An increase in the number of incoming appeals
• A loss of staff
• An increase in the complexity of the requests received (if possible, please provide examples or briefly describe the types of complex requests contributing to your backlog increase)
• Litigation
• Any other reasons – please briefly describe or provide examples when possible

HHS saw an increase in its appeals backlog in Fiscal Year 2025.  The reasons for this increase continued to be an increase in the complexity of the appeals received and processed in FY 2025, and a need to divert agency resources to process FOIA requests that were in litigation.

Currently, four HHS FOIA Offices process FOIA appeals: OS FOIA, the CMS FOIA Office, the FDA FOIA Office, and the OIG FOIA Office.  OS FOIA and the FDA FOIA Office saw an increase in their appeals backlogs.  CMS FOIA reduced its appeals backlog by 15% and closed eight of its 10 oldest appeals.   

HHS FOIA Offices received an increased number of complex appeals, which required a line-by-line review of any information redacted under a challenged Exemption.  Additionally, these appeals required consultation with multiple offices, including the Office of the General Counsel (OGC).  OS FOIA also FOIA appeals on behalf of several HHS FOIA Offices and relies on these offices to provide their input and a copy of the administrative record before making a fair appeal determination.  Many of these offices have had to balance the amount of time spent processing an influx of requests and litigations with the amount of time spent responding to new appeals. 

Finally, HHS FOIA Offices continued to receive a significant number of FOIA lawsuits that diverted staff resources normally dedicated to appeals to the production of records involved in litigation.  The OS FOIA Office currently has over 100 active FOIA litigations. These litigations often require HHS FOIA Offices to review a voluminous number of records and issue dozens of interim responses.  For example, OS FOIA managed 158 litigation responses and produced approximately 60,000 pages of records during this reporting period.

18. If you had an appeal backlog please report the percentage of appeals that make up the backlog out of the total number of appeals received by your agency in Fiscal Year 2025. Please use the following calculation based on data from your Annual FOIA Report: (backlogged appeals from Section XII.A) divided by (appeals received from Section VI.A) x 100. This number can be greater than 100%.  If your agency did not receive any appeals in Fiscal Year 2025 and/or has no appeal backlog, please answer with "N/A."

Appeals backlog made up 295% of the total number of appeals received by HHS in FY 2025. A combination of multi-year accumulation of backlogged appeals and increase in the number of complex appeals requiring significant coordination contributed to this increase of backlogged appeals.  The increasing number of FOIA lawsuits required offices to divert staff from appeals to litigation reviews. In 2026, The Department is focused on several initiatives aimed at reducing the backlog which include recruiting skilled FOIA professionals; investing in technology to improve tracking, reporting and review of responsive records; and increasing outreach/training to non-FOIA professionals to improve the quality and timeliness of records reviews.  

D. Backlog Reduction Plans

19. In the 2025 guidelines for Chief FOIA Officer Reports, any agency with a backlog of over 1000 requests in Fiscal Year 2024 was asked to provide a plan for achieving backlog reduction in the year ahead.  Did your agency implement a backlog reduction plan last year?  If so, describe your agency’s efforts in implementing this plan and note if your agency was able to achieve backlog reduction in Fiscal Year 2025?

Yes.  HHS continued to implement backlog reduction strategies in FY 2025.  Some examples of these efforts include:

• OS FOIA consolidated the FOIA functions of the Administration for Children and Families (ACF), the Administration for Community Living (ACL), and the Centers for Disease Control and Prevention (CDC) under the Office of the Secretary (OS) FOIA program to streamline operations, improve efficiency, and enhance customer service. OS FOIA is piloting an AI/LLM-based automated review and redaction system to reduce backlog, support litigation and appeals, and strengthen proactive disclosures in accordance with FOIA subsection (a)(2).
• CMS executed a backlog reduction plan that is still ongoing. It included increased oversight and management using reporting tools to track requests and target emerging issues (e.g., scrutinizing backlog requests with voluminous records and identifying requests from those entities that frequently litigate, among others), detailed five employees from the Office of Medicare Hearings and Appeals but were subsequently lost in February 2025, garnered three additional FTEs to hire new FOIA analysts that are still pending the HR process, leveraged contract support resources to target high visibility cases to mitigate litigation risks and reduce the backlog, maximized technology (e.g., adding more automated features into the FOIA workflow management system and leveraging Microsoft Purview Advanced Discovery and Relativity tools) to more readily identify responsive records and manage requests, and continued to explore and build a proof of concept AI FOIA tool for incorporation into the FOIA lifecycle.  Despite a record 33,003 new requests, we ended FY25 with a backlog of 3,360 cases.  Notably, nearly all but two junior staff were furloughed at the beginning of FY26.  While volatility during 2025 undermined our ability to decrease the backlog, we nevertheless closed nearly 90% of our cases.

Despite these efforts, HHS saw an increase in backlogged requests in FY 2025.   This increase is due to the increase in both the number and the complexity of the requests received.  Further, many offices had to shift resources to handle FOIA litigations.

20. If your agency had a backlog of more than 1,000 requests in Fiscal Year 2025, please explain your agency’s plan to reduce this backlog during Fiscal Year 2026.

As previously mentioned, In FY 2026, HHS will implement the following measurable actions to reduce the backlog and improve processing timeliness:

• Reduce the overall FOIA backlog by at least 5% by the end of FY 2026.
• Decrease the average processing time for simple requests by 10% compared to FY 2025.
• Increase the number of requests processed by at least 8% over FY 2025 levels.
• Expand the use of technology-assisted review and enterprise search tools, with implementation across 60% of Operating Divisions handling high-volume email searches.
• Provide advanced FOIA training to at least 90% of FOIA professionals to improve consistency, efficiency, and quality of reviews.

Additionally, HHS will continue to focus on the following strategies:

• Where possible, increasing FOIA dedicated resources, including personnel and technological solutions. This includes leveraging existing and exploring new technology, such as AI and other forms of automation, to streamline the FOIA process. As previously stated, the Department has invested in technology to improve document review and reduce processing times.
• Working with human resources to improve process to backfill/hire FOIA personnel.
• Proactively disclose records that are of significant public interest, especially related to ongoing public health emergencies. In FY 2026, the Department plans to launch a centralized portal for posting HHS records.
• Updating and implementing new Standard Operating Procedures throughout the Department with a focus on efficiency and uniformity.
• Implement processing improvements including putting in place procedures to identify simple requests and assign those requests to FOIA analysts for prompt processing.
• Work with program offices to develop strategies to process specific record types or records related to specific subject matters.
• Increase engagement with requesters throughout the FOIA process and outside of the regular FOIA process. This engagement is likely to improve the timeliness and quality of FOIA responses.

E. Reducing the Age of Requests, Appeals, and Consultations

TEN OLDEST REQUESTS

21. In Fiscal Year 2025, did your agency close the ten oldest pending perfected requests that were reported in Section VII.E. of your Fiscal Year 2024 Annual FOIA Report?

No.

22. If no, please provide the number of these requests your agency was able to close by the end of the fiscal year, as listed in Section VII.E of your Fiscal Year 2025 Annual FOIA Report. If you had less than ten total oldest requests to close, please indicate that.

HHS closed five of the ten oldest pending requests.

23. Beyond work on the ten oldest requests, please describe any steps your agency took to reduce the overall age of your pending requests.

HHS FOIA Officers and their teams continued monitoring the daily intake of requests, identifying requests that can be filled with previously released or proactively posted records, setting monthly and quarterly backlog reduction goals and reaching out to requesters to narrow the scope of complex or voluminous requests

TEN OLDEST APPEALS

24. In Fiscal Year 2025, did your agency close the ten oldest appeals that were reported pending in Section VI.C.5 of your Fiscal Year 2024 Annual FOIA Report?

No.

25. If no, please provide the number of these appeals your agency was able to close by the end of the fiscal year, as listed in Section VII.C.(5) of your Fiscal Year 2024 Annual FOIA Report. If you had less than ten total oldest appeals to close, please indicate that.

HHS closed nine of the ten oldest appeals listed on the Department’s FY 24 Annual FOIA Report. 

26. Beyond work on the ten oldest appeals, please describe any steps your agency took to reduce the overall age of your pending appeals.

HHS has continued efforts to reduce the overall age of pending administrative appeals. These efforts include triaging appeals based on complexity; implementing standardized language for final appeal determinations; establishing monthly production targets; and engaging directly with appellants, when appropriate, to clarify and resolve issues efficiently.

In addition, HHS regularly monitors the status of its oldest pending appeals and tracks recurring issues identified during the appellate review process. Identifying and addressing these trends helps improve initial-level processing and reduce the likelihood of future appeals.

TEN OLDEST CONSULTATIONS

27. In Fiscal Year 2025, did your agency close the ten oldest consultations that were reported pending in Section XII.C. of your Fiscal Year 2024 Annual FOIA Report?

No.

28. If no, please provide the number of these consultations your agency was able to close by the end of the fiscal year, as listed in Section XII.C. of your Fiscal Year 2024 Annual FOIA Report. If you had less than ten total oldest consultations to close, please indicate that. 

HHS closed five of the Department’s ten oldest consultations.

ADDITIONAL INFORMATION REGARDING TEN OLDEST

29. If your agency did not close its ten oldest pending requests, appeals, or consultations, please explain why and provide a plan describing how your agency intends to close those “ten oldest” requests, appeals, and consultations during Fiscal Year 2026.

HHS received more FOIA requests in Fiscal Year 2025 than in any other fiscal year since 2013.  There has also been a continued increase in the number of litigations, including certain litigations mandating the review of thousands of pages of records on a monthly.  As a result, FOIA offices have shifted resources to address pressing document productions and litigation deadlines, which reduced the number of hours available to close the ten oldest pending requests, appeals, and consultations.  Additionally, some of the ten oldest pending requests, appeals, and consultations involve complex legal or regulatory issues or a voluminous number of responsive records, requiring the implementation of review schedules and monthly interim responses.

In FY 2026, HHS will continue to track the oldest ten requests, appeals, and consultations through quarterly reports, and create timelines for each request, appeal, and consultation closure.  HHS will also include the oldest ten requests, appeals, and consultations as an agenda item during FOIA Officer meetings, and individual HHS FOIA Offices will hold regularly scheduled meetings with their staff to ensure progress on the ten oldest requests, appeals, and consultations.

F. Additional Information about FOIA Processing

30. Were any requests at your agency the subject of FOIA litigation during the reporting period? If so, please describe the impact on your agency’s overall FOIA request processing and backlog. If possible, please indicate:

• The number and nature of requests subject to litigation,
• Common causes leading to litigation
• Any other information to illustrate the impact of litigation on your overall FOIA administration.

FOIA litigation continues to be a major contributor to backlog growth and delays in processing FOIA requests and appeals. During this reporting period, HHS had approximately 200 active FOIA litigations involving more than 200 individual FOIA requests.

Litigation has increased significantly in recent years. For example, OS FOIA Office’s litigation caseload has grown from nearly 40 active cases in FY 2022 to 100 active cases in FY 2025. Litigation has become a sustained component of the HHS FOIA operational framework, with even smaller Operating Divisions managing active cases; for example, HRSA is currently managing six active FOIA litigations.

The majority of these lawsuits are filed by public interest organizations and are generally initiated due to a failure to provide a substantive response to an initial request or administrative appeal within the statutory time limits. Current litigation trends reflect continued high public interest in Departmental policies, regulatory actions, public health initiatives, and communications involving senior officials.

Litigation significantly diverts FOIA personnel from routine processing and appeal work. Requests in litigation require multiple iterative reviews, coordination with subject matter experts, and extensive collaboration with the Office of the General Counsel and the U.S. Department of Justice, thereby increasing processing times and contributing to backlog growth across the Department. These cases are often complex and require the review of large volumes of records on accelerated timelines, frequently with rolling monthly productions.

In addition to record review and redaction, litigation requires multiple layers of review and coordination with program offices, the Office of the General Counsel, and the Department of Justice. Litigation also involves other resource-intensive tasks, such as preparing Vaughn indexes and declarations and engaging in negotiations with plaintiffs. These activities increase overall processing demands and contribute to longer processing times for non-litigated requests.

The diversion of staff and resources to support litigation has a broader operational impact, limiting FOIA Offices’ capacity to process new requests and appeals and increasing the risk of future litigation associated with statutory response deadlines.