Freedom of Information Act: National Guard Bureau Should Verify Data and Address Reported Challenges
Fast Facts
The Freedom of Information Act (FOIA) enables the public to request access to government records. The National Guard Bureau collects and tracks FOIA data from all three National Guard components—the bureau, the Army National Guard, and the Air National Guard.
But we found issues with the bureau's process for doing so. For instance, it doesn't have a way to verify the accuracy of the FOIA data. It also hasn't addressed challenges that affect the timely processing of FOIA requests, such as insufficient staffing and inconsistent communication.
Our 6 recommendations address these issues.
A piece of paper with the words The Freedom of Information Act. A clipboard with the word FOIA. A pen in the background.
Highlights
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.
Recommendations
GAO is making six recommendations, including that NGB develop a process to verify FOIA data accuracy, determine appropriate staffing levels needed to ensure the timely processing of FOIA requests, and develop a plan to improve communication between NGB and National Guard FOIA officials in the field. DOD concurred with GAO’s recommendations and outlined actions it plans to take toward their implementation.
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Defense | The Secretary of Defense should ensure the Chief of the National Guard Bureau, in coordination with the Department of the Army and the Department of the Air Force, develops a process for relevant FOIA offices to more closely examine and verify National Guard FOIA data, such as FOIA requests received, processed, and backlogged. (Recommendation 1) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Defense | The Secretary of Defense should ensure the Chief of the National Guard Bureau analyzes NGB headquarters' FOIA workforce needs using verified FOIA data and determine the staffing level needed to timely process FOIA requests and address backlogs, if present. (Recommendation 2) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Defense | The Secretary of Defense should ensure that the Chief of the National Guard Bureau finalize and implement a plan, including a timeline, to establish a shared online environment to improve communication between National Guard Bureau and National Guard FOIA officials in the field includes available tools and resources applicable to processing FOIA requests, and that these tools and resources are made available to National Guard FOIA personnel. (Recommendation 3) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Defense | The Secretary of Defense should ensure that the DOD Chief FOIA Officer and the Chief of the National Guard Bureau, in collaboration with the Department of the Army and the Department of the Air Force, clarify the roles and responsibilities of each component in developing and standardizing training to Army National Guard FOIA managers and Air National Guard FOIA monitors. (Recommendation 4) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Defense | The Secretary of Defense should ensure that the Chief of the National Guard Bureau, in collaboration with the Department of the Army and the Department of the Air Force, clarifies roles and responsibilities of each component in providing training for FOIA managers and monitors. (Recommendation 5) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|
| Department of Defense | The Secretary of Defense should ensure the Chief of the National Guard Bureau finalizes and distributes to National Guard FOIA officials a FOIA program manual for National Guard Bureau FOIA policies and processes, such as guidance on exemptions and redactions. (Recommendation 6) |
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
|