Federal agencies showed varied responses to Attorney General John Ashcroft's memo instructing agencies to withhold documents whenever legally possible under the Freedom of Information Act (FOIA). The audit concludes agencies' implementation of FOIA requests is in disarray, with agencies failing to provide basic information to help the public file requests (such as agency FOIA contacts), failure to acknowledge requests within 20 days as FOIA requires, excessive delays and backlogs in responding to requests, and inconsistent appeals processes. The Ashcroft memo has impacted some agencies more than others.

The Department of the Interior joins the main branches of the military (Army, Navy and Air Force) in making significant changes to the way FOIA requests are handled in light of the Ashcroft memo. Agencies and departments taking some steps to address the Ashcroft memo include the departments of Commerce, Defense, Justice, and State, as well as the Environmental Protection Agency, National Aeronautics and Space Administration, Office of Management and Budget, and the Small Business Administration.

Researchers at The National Security Archive, which annually files thousands of FOIA requests, conducted the audit, which surveyed 33 federal departments and agencies.

As part of the project, The Archive plans an additional audit of agencies' responses to a memorandum from White House Chief of Staff Andrew Card instructing agencies to "safeguard" sensitive but nonclassified information. It is also gathering data on the oldest FOIA requests still pending at each of the 35 agencies surveyed.