Bipartisan, Bicameral Leaders Seek GAO Review of FOIA Compliance at Federal Agencies

Washington, D.C. (March 16, 2022)—Today, Rep. Carolyn B. Maloney, Chairwoman of the Committee on Oversight and Reform, Rep. James Comer, Ranking Member of the Committee on Oversight and Reform, Sen. Dick Durbin, Chair of the Senate Committee on the Judiciary, Sen. Patrick Leahy, Sen. Charles E. Grassley, Ranking Member of the Senate Committee on Judiciary, and Sen. John Cornyn, sent a letter to the Government Accountability Office (GAO) requesting that it conduct a comprehensive study of systemic issues faced by federal agencies in fulfilling their obligations under the Freedom of Information Act (FOIA). 

“FOIA is crucial for ensuring transparency and accountability in government, but persistent challenges continue to limit citizens’ ability to access to information under the statute,” the Members wrote. 

In a March 2021 report, GAO identified the challenges that several federal agencies are facing in administering FOIA, including high staff turnover, competing priorities, and lack of awareness about reporting requirements.  In a second review in January 2022, GAO examined factors contributing to the FOIA backlog at five additional agencies and identified issues such as increasingly complex requests, technology-related issues, staffing limitations, and increasing litigation.  GAO has also found that the coronavirus pandemic complicated FOIA administration for federal agencies and reported earlier this year that the backlog of FOIA requests continued to trend upward, increasing by 97% from fiscal year 2012 to 2020.   

Today’s letter explains that these GAO reviews have provided a better understanding of the FOIA backlog at selected agencies, and a broader analysis of these systemic issues across the federal government would be beneficial in addressing these issues government-wide.

The Members requested that GAO conduct a government-wide survey or convene focus groups of FOIA officials to examine the causes of the persistent backlog in FOIA requests, challenges to reducing the backlog, and potential regulatory or legislative changes to address this problem.

Click here to read the letter.