The government classified 14 million new documents in fiscal 2003, an increase of 60 percent over the comparable figure for fiscal 2001. The number of documents classified increased steadily in the Clinton administration, the group points out, from 3.6 million in fiscal 1995 to 8.7 million in fiscal 2001 (which ended 19 days after 9/11 and about eight months into Bush's term). But the number of pages declassified by the Bush administration in the past two years, 43 million and 44 million respectively, is much lower than in any year from 1995 to 2001. From 1996 to 1998, the number of pages declassified hovered around 200 million a year.
The cost of securing classified information, which involves safeguarding facilities and personnel, has increased steadily from $3.4 billion in 1997 to $6.5 billion in 2003. And the amount of money spent on declassifying documents in the Bush administration was $113 million in 2002 and $54 million in 2003. By comparison, $231 million was spent in 2000.
More agencies are also reporting a backlog in FOIA requests. A surge in the number of requests is mostly responsible for this backlog, but the OpenTheGovernment.org report complains that spending on resources to work on FOIA requests also has not increased. Contributing to the problem is a Bush executive order in November 2001 restricting FOIA access to documents of earlier administrations.
According to Thomas Blanton, director of the National Security Archive at George Washington University, the delay in FOIA requests from Reagan Library documents has increased from 1.5 years to four years. "The ones that they would have responded to in 2001, they're now responding to in 2004 or 2005. That is a huge difference in the system," says Blanton.
The Bush administration's overall approach to the FOIA has been sharply criticized. On October 12, 2001, Attorney General John Ashcroft issued a memorandum to the heads of all departments and agencies that superseded the Justice Department policy in place since 1993. The memo states, "When you carefully consider FOIA requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions unless they lack a sound legal basis." The line was widely seen as a reversal of Clinton policy; where Attorney General Janet Reno's memo said that Justice would defend an FOIA exemption only when the agency "reasonably foresees that disclosure would be harmful to an interest protected by that exemption."