Freedom of Information Act: National Guard Bureau Should Verify Data and Address Reported Challenges

Summary

What GAO Found The National Guard Bureau (NGB) collects and tracks Freedom of Information Act (FOIA) data from all three National Guard components—NGB, Army National Guard, and Air National Guard. NGB reports FOIA data to the Department of Defense (DOD). NGB officials stated they provide Army National Guard and Air National Guard FOIA data to the Army and the Air Force, respectively. The National Guard tracks data on FOIA requests received, processed, and backlogged through various systems (see figure). Freedom of Information Act Tracking Systems GAO found discrepancies in the accuracy of reported data that officials responsible for reporting National Guard FOIA data were unable to explain. Specifically, GAO found that the numbers of FOIA requests received, processed, and backlogged by the Army National Guard differed between Army National Guard and NGB data for fiscal years 2016 through 2024, in part because there is no single, standardized process across the National Guard components for verifying the accuracy of FOIA data. Moreover, FOIA managers that improperly log FOIA requests and the absence of tools to verify data entries have affected the accuracy of reported data. Without a standardized process to verify the accuracy of National Guard FOIA data, such as the number of FOIA requests received and processed or the extent of backlogs, NGB may continue to inaccurately report FOIA data and hinder transparency for Congress and the public. National Guard FOIA officials identified challenges with insufficient staffing and inconsistent communication that have affected the timely processing of FOIA requests. However, NGB has not fully addressed these challenges. For example, NGB has not analyzed its headquarters workforce needs to know how many full-time equivalent staff are currently needed to process FOIA requests in a timely manner and address backlogs. NGB has not developed a plan to improve communication between NGB and officials responsible for processing FOIA requests in the field through a shared online environment. Addressing data discrepancies and identified challenges can help DOD and the NGB report data more accurately and process FOIA requests more efficiently. Why GAO Did This Study FOIA enables the public to request access to government records and information from any federal executive branch agency. Each year, hundreds of thousands of FOIA requests are filed. For example, NGB continues to face challenges processing such requests within the 20-day time frame that FOIA requires. House Report 118-529 includes a provision for GAO to review the National Guard’s FOIA program. This report evaluates the extent to which (1) NGB and DOD have taken steps to ensure the accuracy of reported FOIA data, including request backlogs; and (2) NGB has identified and addressed challenges associated with the processing of FOIA requests. GAO reviewed NGB and DOD policies on FOIA processing. It also analyzed National Guard FOIA data for fiscal years 2016 through 2024 and distributed a survey to Army and Air National Guard FOIA officials asking about policies and factors that affect timely processing of requests, among other issues. GAO also interviewed NGB and military service officials.