NEWS from
Sen. Patrick Leahy and Rep. Stephen Horn

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GAO FINDS SPOTTY PERFORMANCE
BY FEDERAL AGENCIES IN IMPLEMENTING
1996 ELECTRONIC FREEDOM OF INFORMATION REFORMS

WASHINGTON (Sept. 25) – Freedom of Information Act backlogs are growing, overall requests are declining, but federal agencies also are making progress in posting information online, according to a new report by the General Accounting Office (GAO), Congress’s watchdog agency. 

The study, “Information Management: Update on Implementation of the Electronic Freedom of Information Act Amendments." was requested by Sen. Patrick Leahy (D-Vt.), chairman of the Senate Judiciary Committee, and Rep. Stephen Horn (R-Calif.), chairman of the Subcommittee on Government Efficiency, Financial Management and Intergovernmental Relations of the House Committee on Government Reform.  Leahy and Horn, who released the GAO report Wednesday, were the chief authors of the Electronic Freedom of Information Act Amendments of 1996, which directed federal agencies to make more information electronically available to the public and to expedite agencies’  handling of FOIA requests. 

The study builds on a similar study two years ago in which GAO reviewed the implementation of the E-FOIA amendments and made recommendations to improve agencies' compliance with the law.

"FOIA makes government work better,” said Leahy.  “In times of heightened security, the tendency to close doors and conduct the government's business in secret is natural.  Secrecy can become addictive, and that is a danger we have to guard against.  The nation needs a robust FOIA in times of peace, but also in times of war.  The Freedom of Information Act is the people’s window on their government, showing where it is doing things right, but also where it can do better."

"The GAO report points to some progress," Horn added.  "But it also demonstrates that agencies must give a much higher priority to meeting their obligations under this important legislation.

"The purpose of the Freedom of Information Act, enhanced by the 1996 E-FOIA Amendments, is to promote open, accessible government.  Public access to government information is vital to our democracy.  It enables citizens to participate in government on an informed basis, and it allows them to hold government officials accountable," Horn said.

GAO returned to survey the same 25 federal agencies studied two years ago, which together account for 97 percent of FOIA requests government-wide.  GAO credits the Department of Justice for its efforts to implement GAO's previous recommendations for improvements to both the quality of data in agencies' annual reports and on-line availability of information.   Because  the Justice Department acknowledges the need for agencies to make further improvements and to devote further effort to accomplishing those recommendations, GAO in its new report makes no new recommendations at this time. 

GAO’s significant findings include:

* Agency backlogs of pending requests are substantial and growing government-wide, even though for most agencies the numbers of FOIA requests are decreasing.  Only the Central Intelligence Agency has made steady progress each year since 1998 in reducing its backlog of pending cases.

* The number of FOIA requests received at most agencies peaked in 2000 and declined slightly in 2001.  The exception was at Department of Veterans Affairs, which received and processed more than 1 million FOIA requests, amounting to over half of the 25-agency total, largely due to first-party requests for copies of patient records by veterans and their dependents.

* Agencies are continuing to make progress in making material required by E-FOIA amendments available online, but GAO concludes that "[a]gencies are not devoting sufficient attention to the on-line availability of materials and ensuring that Web site content is adequately maintained, including accuracy and currency of the material and Web site links."

* GAO found varying perceptions of the impact of the post-September 11 environment on FOIA implementation.  Agency officials characterized the effects as relatively minor, except for mail delays associated with the anthrax problem and the fact that "documents in general are being more closely scrutinized for sensitivity and in a few cases are not being posted on line because of security concerns (e.g., building blueprints)." 

* In contrast, FOIA requester groups expressed concern about public access to government information in the post-September 11 environment, citing (1) the removal or "scrubbing" of certain information from government Web sites; (2) new Justice Department policies that represent a shift from a "right to know" to a "need to know"; and (3) recent Justice Department guidance on protecting "sensitive but unclassified" information.  The full effects, if any, of the post-September 11 environment may not be known for some time because data on requests processed after September 2001 will not be available until early 2003 and may not be clear until denials of information during that time period are appealed, litigated, and decided, a process that could take several years.

GAO is continuing to examine the impact of these new FOIA policies at Leahy’s request.

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