GAO said the backlog in 2022 crossed the 200,000 mark for the first time. Image: Wirestock Creators/Shutterstock.com
The increasing complexity of Freedom of Information Act requests, shortages of employees to handle such requests and lack of communication between agencies when requests cross agency lines all have contributed to the growing backlog of FOIA requests in recent years.
In a report and a posting, the GAO said the backlog in 2022 crossed the 200,000 mark for the first time, after being in the 100-150 range since 2013. The backlog is now 22 percent as a measure of requests received, up from 14 percent in that time, while the percentage of those deemed complex that are processed within the goal of 20 days has fallen from 38 to 14 percent.
“While FOIA is an important tool for holding the government accountable, many who file FOIA requests have experienced delays in getting them processed in a timely manner. These backlogs, which result from agencies not responding to requests within required time frames, are a perennial problem for many federal agencies and those looking for transparency from their government,” it said.
Regarding staffing, GAO said that in focus groups, agency officials cited difficulty in hiring and retaining staff with the needed analytical and technical skills and the knowledge of agency operations, “due to the sensitivity of the work and time pressures staff can face.”
The GAO also pointed to recommendations for the Justice Department’s Office of Information Policy, which oversees the FOIA program government-wide. While that office directs agencies with over 1,000 backlogged requests to develop plans for reducing their backlogs, “it does not specify what these plans should include. As a result, we found that agencies’ plans often lacked key elements of an effective plan, such as goals and milestones for tracking progress.”
“Agencies are also required to report on average processing times to DOJ. But we found that many agencies have reported inaccurate times. We recommended the Office of Information Policy improve its data checks and training materials to help agencies improve the reliability of data on processing times,” it said.
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