Freedom of Information Act: Additional Guidance and Reliable Data Can Help Address Agency Backlogs
Fast Facts
The Freedom of Information Act requires federal agencies to provide public access to government information. Agencies generally must process FOIA requests within 20 working days, but the government-wide backlog of requests grew over the last decade.
Agency FOIA officers cited factors such as staffing challenges and complex requests as contributing to backlogs. The Justice Department, which helps agencies administer FOIA, could improve its backlog guidance. For example, it should specify what agencies include in backlog reduction plans—including goals, milestones, and metrics to track progress.
Our recommendations address FOIA backlogs.
Highlights
What GAO Found
Federal agencies are generally required to process Freedom of Information Act (FOIA) requests within 20 working days. However, the government-wide request backlog has risen over the last decade (see figure), demonstrating that agencies face persistent challenges processing requests within required time frames.
Year-End FOIA Request Backlogs Government-wide, Fiscal Years 2013–2022
In annual reports, agency Chief FOIA Officers have cited key factors contributing to increases in their backlogs. Factors include the increasing complexity of FOIA requests, staffing challenges, and increasing litigation. Agencies also reported on actions taken to address their backlogs. For example, agencies reported using data to actively monitor the status of requests and inform actions to close them.
The Department of Justice's (DOJ) Office of Information Policy (OIP) helps agencies administer FOIA, but additional guidance and other resources could better support agency efforts to address backlogs.
- OIP directs agencies with significant backlogs to create backlog reduction plans. However, OIP does not specify what agencies should include in these plans so most have not included key elements. Of the 14 agencies directed to develop 2023 plans, two included goals and none included timelines for implementing actions. By providing such guidance, OIP could ensure agencies specify goals, milestones, and metrics to track progress.
- OIP instructs agencies to calculate the average time it takes the agency overall to process requests. However, since 2013, many agencies have reported inaccurate times in one or more years. Improvements to OIP's data checks and training could help improve the accuracy of these data.
In focus groups with GAO, agency officials and nongovernmental stakeholders suggested various changes to FOIA, such as expanding the records agencies must release without a request, to help agencies address backlogs. However, there was generally little consensus on specific changes they would recommend.
Why GAO Did This Study
FOIA requires federal agencies to provide the public with access to government information. FOIA request backlogs hinder government transparency and prevent individuals' timely access to information.
GAO was asked to review government-wide issues related to agency FOIA request backlogs. This report (1) describes factors federal agencies identified as causes of backlog increases, (2) describes methods agencies reported using to address backlogs, (3) assesses relevant government-wide guidance and resources, and (4) describes the perspectives of agency officials and nongovernmental stakeholders on proposed FOIA changes to help agencies address backlogs.
To address these objectives, GAO analyzed Chief FOIA Officer reports published between 2019 and 2023 by all agencies receiving 50 or more FOIA requests each year. GAO also conducted four focus groups with FOIA officials from major federal agencies and one with nongovernmental stakeholders from academia, media, and the FOIA requester community. GAO analyzed data from FOIA.gov, reviewed government-wide FOIA guidance and resources, and interviewed agency officials.
Recommendations
GAO is making four recommendations to DOJ, including specifying the elements agencies should include in their backlog reduction plans, and taking steps to help agencies improve the reliability of data on request processing times. DOJ concurred with the recommendations.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Justice | The Attorney General should direct the Director of the Office of Information Policy to issue guidance advising agencies to include elements of effective action plans in their backlog reduction plans. Such elements include identifying and analyzing root causes of their backlog; identifying actions the agency will take to address those root causes; and establishing specific backlog reduction goals, performance measures, and milestones for tracking progress. (Recommendation 1) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Justice | The Attorney General should direct the Director of the Office of Information Policy to issue guidance advising agencies to identify actions in their backlog reduction plans to help ensure staff with the necessary skills are available to support reduction efforts. (Recommendation 2) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Justice | The Attorney General should direct the Director of the Office of Information Policy (OIP) to develop a process for OIP to more closely examine the data agencies report on component-level FOIA requests and average request processing times to help agencies ensure they report accurate average processing times. (Recommendation 3) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Justice | The Attorney General should direct the Director of the Office of Information Policy (OIP) to update the materials for OIP's training on annual FOIA reporting to highlight that agencies are required to report weighted average processing times for FOIA requests, and include instructions on how agencies should calculate their weighted average processing times. (Recommendation 4) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|