	Background

FOIA established a legal right of access to government records and  information,  on the basis of the principles of openness and accountability  in government. The e-FOIA amendments also made changes to agency reporting  requirements. Governmentwide, however, agency  backlogs of pending requests are substantial, and growing, indicating that  agencies are falling behind in processing requests. We were unable to identify any clear trends in request-processing times  because of year-to-year changes in agency reporting. VA received the largest number of requests for fiscal  years 1998, 1999, 2000, and 2001. Progress in On-Line Availability Is Continuing, but Additional Agency Attention Is Needed

Agencies have made progress in on-line availability of the materials  required by e-FOIA as well as in using the Web to make materials publicly  available and in incorporating Web site features that facilitate public access  to government information. Justice Has Taken Action on Our Recommendations

To improve the public’s access to government records and information, our  March 2001 report included recommendations that the Attorney General  direct Justice’s Office of Information and Privacy (OIP) to  improve the reliability of agencies’ data in their FOIA annual reports by  providing guidance that addresses data quality issues and by reviewing  agencies’ annual report data for completeness and consistency and   encourage agencies to make all required materials available  electronically. Justice Continues to Encourage Agencies to Improve Data Quality

In August 2001, OIP issued supplemental guidance, via FOIA Post, on how  to prepare annual agency FOIA reports. OIP officials told us that Justice is continuing, through training and  on-line publications, to reinforce the need for full e-FOIA compliance by  agencies and facilitate sharing of best practices among agencies. Justice’s efforts to implement our previous recommendations have resulted  in improvements to both the quality of agencies’ annual reports and on-line  availability of information. However, data anomalies remain and not all  required information is easily and continuously available. On August 2, 2002, a  codirector of the Department of Justice’s OIP provided us with oral  comments on the draft, stating that the department generally agreed with  the report’s findings and conclusions.
Why GAO Did This Study

The 1966 Freedom of Information Act (FOIA) established the public's right of access to government information, on the basis of openness and accountability. The 1996 Electronic Freedom of Information Act (e-FOIA) Amendments extended these principles to include electronic access to information. Under the act, the Department of Justice provides implementing guidance to agencies. In addition, agencies report annually to Justice on their FOIA operations. GAO was asked to determine, among other things, (1) agencies' progress in improving their timeliness in responding to requests for information and (2) the actions Justice has taken on previous GAO recommendations ( GAO-01-378 , Mar. 16, 2001) to improve data quality in annual reports and on-line availability of government information.

What GAO Found

Changes in agency reporting conventions--made to improve accuracy and consistency--make it difficult to identify clear trends in timeliness for fiscal years 1999 through 2001. However, while the number of requests received appears to be leveling off, backlogs of pending requests governmentwide are substantial and growing, indicating that agencies are falling behind in processing requests. In response to our previous recommendation on data quality--including consistency and accuracy of reporting--Justice issued supplemental guidance, augmented its training programs, and continued reviewing agency annual reports. Data quality improved, but numerous anomalies remained in agencies' fiscal year 2001 reports. Justice's efforts to implement this recommendation are continuing. Justice also issued guidance encouraging better on-line availability of information, as GAO recommended. Although agencies have progressed in making information available electronically, not all materials required by e-FOIA were available on line as of May/June 2002. Further, certain information was difficult to find and was not always continuously available on Web sites. Justice officials stated that they are continuing to reinforce the need for full e-FOIA compliance and periodic agency review of Web site content, and to facilitate the sharing of best practices. Justice generally agreed with the report's findings and conclusions.