During Sunshine Week, Bicameral and Bipartisan Leaders Release GAO Report on FOIA Request Backlog

Washington, D.C. (March 13, 2024)—Today, Rep. Jamie Raskin, Ranking Member of the Committee on Oversight and Accountability, Rep. James Comer, Chairman of the Committee on Oversight and Accountability, Senator Dick Durbin, Chair of the Senate Judiciary Committee, Senator Chuck Grassley, Ranking Member of the Senate Budget Committee, and Senator John Cornyn released the findings of a Government Accountability Office (GAO) report entitled “Freedom of Information Act: Additional Guidance and Reliable Data Can Help Address Agency Backlogs.”  The report, released in recognition of Sunshine Week, found that the government-wide Freedom of Information Act (FOIA) request backlog rose significantly over the last decade.

“The Freedom of Information Act (FOIA) is one of the most important tools in the battle for accountability and sunshine in government, allowing the public to access government records and hold the government accountable for its actions and decisions,” said Ranking Member Raskin.  “An increasing backlog of FOIA requests compromises the already dwindling trust the American people have in their government.  Today’s report not only outlines the key challenges that agencies face in their efforts to process FOIA requests in a timely manner, but it also highlights a pathway to transparency and regaining public trust in our institutions.  Congress must ensure agencies have the resources needed to live up to FOIA’s promise.”

“I appreciate the work by GAO in preparing this report on the status of and underlying reasons for the backlog of FOIA requests.  The steady increase in backlogged requests over recent years is concerning.  While GAO lists a number of factors agencies cite to explain this increase, more work is needed to ensure the public has confidence in the FOIA process,” said Chairman Comer.

“Transparency and accountability are critical components to an effective government, and the Freedom of Information Act is a key tool for the American people to access information.  The growing backlog of FOIA requests found in this report is concerning.   In the interest of trust in our institutions, we need to make sure that government agencies have the resources to process these requests swiftly and shrink this backlog,” said Chair Durbin.

“The Freedom of Information Act (FOIA) is one of transparency’s greatest allies. In order to keep our government accountable, the FOIA process must function properly and efficiently.  I’m grateful GAO responded to our bipartisan request to shine some light on the state of FOIA requests; now, it’s time to clear out the cobwebs and clean up the mess.  FOIA is a service to the American people, and the alarming rise in FOIA request backlogs is unacceptable. Government agencies must respond to FOIA requests in a faster, more timely manner,” said Ranking Member Grassley.

“The Freedom of Information Act is a cornerstone of our country’s belief in open and transparent government,” said Sen. Cornyn.  “This report should serve as a starting point to reduce the backlog of FOIA requests so Americans can continue to hold those who represent them accountable.”

FOIA allows a person to file a request for information from the executive branch of the federal government and is an essential tool for educational institutions, individuals, free markets, and the free press.  Generally, federal agencies are required to process FOIA requests within 20 working days.  However, GAO’s report found that challenges to processing requests within the required time frame have led to an increased backlog.

Key Findings

• According to GAO’s findings, challenges to processing requests within the required time frame have caused the backlog to grow from 14% in 2013 to 22% in 2022.

• At the end of Fiscal Year 2022, the Departments of Justice, Homeland Security, Defense, State, and Health and Human Services accounted for 80% of all backlogged requests across the federal government.

• Agency Chief FOIA Officers cite the increasing complexity of FOIA requests, staffing challenges, and increasing litigation as key factors contributing to the increase in their agency backlogs.

• To reduce backlogs, agencies have reported efforts such as monitoring FOIA performance and request status, communicating directly with requesters, managing staff to close requests, and focusing on procedures and modernizing technology.

• Agency officials and nongovernmental stakeholders suggested various changes to FOIA to help agencies address backlogs, such as expanding the records agencies must release without a request.

• GAO recommends incorporating key elements of effective plans, such as goals, performance measures, and time for implementing actions into agencies’ plans to address and reduce their backlogs.

Background

In 2015, then-Ranking Member Elijah E. Cummings and Rep. Darrell Issa introduced the bipartisan FOIA Oversight and Implementation Act to establish a presumption of openness for releasing information while creating electronic accessibility for frequently released information and strengthen oversight and review of FOIA compliance.

In 2023, in commemoration of the 19th Annual Sunshine Week, Ranking Member Raskin released a step-by-step citizen’s guide to FOIA to request government records.

Click here to read the report.  

###