On March 13, 2024, the U.S. Government Accountability Office released an 80-page report entitled Freedom of Information Act: Additional Guidance and Reliable Data Can Help Address Agency Backlogs.
Key findings include:
The government-wide backlog of requests continues to grow, and more than doubled between 2013 and 2022.
Agencies reported that several interrelated challenges contribute to backlogs, including the increasing complexity of requests, staffing issues, coordination challenges, and the demands of FOIA lawsuits.
Agencies have used various methods to address their backlogs, analyzing data to identify problem areas, negotiating with requesters to narrow requests, and creating teams focused on reducing backlogs.
Improving agency backlog reduction plans and the accuracy of data on the time it takes to process requests could help ensure agencies are better positioned to make progress on their backlogs.
Focus groups comprised of government officials and nongovernmental FOIA practitioners participated in the study (including the author of this post), but there was little consensus on specific recommendations to resolve backlogs.
GAO also released a one-pager of the report’s highlights.