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Copies of the original document can be ordered from the Government
Printing Office (202) - - for $3.00 each?. Document #
A Citizens Guide on Using the Freedom of Information Act and the
Privacy Act of 1974 to Request Government Records
102nd Congress
House Report. 102-146
July 10, 1991
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Sponsor: Mr. Conyers, from the Committee on Government Operations,
submitted the following:
Fourth Report
Conference Report
based on a study by the government information, justice, and
agriculture subcommittee
On June 26, 1991, the Committee on Government Operations approved
and adopted a report entitled "A Citizens Guide on Using the Freedom of
Information Act and the Privacy Act of 1974 to Request Government
Records." The chairman was directed to transmit a copy to the Speaker
of the House.
I. Preface
In 1977, the House Committee on Government Operations issued the
first Citizens Guide on how to request records from federal agencies.
The original Guide was reprinted many times and widely distributed. The
Superintendent of Documents at the Government Printing Office reported
that almost 50,000 copies were sold between 1977 and 1986 when the
guide went out of print. In addition, thousands of copies were
distributed by the House Committee on Government Operations, Members of
Congress, the Congressional Research Service, and other federal
agencies. The original Citizens Guide is one of the most widely read
congressional committee reports in history. A Citizens Guide on How to
Use the Freedom of Information Act and the Privacy Act in Requesting
Government Documents, House Report No. 95-796, 95th Cong., 1st Sess.
(1977).
In 1987, the Committee issued a revised Citizens Guide. The new
edition was prepared to reflect changes to the Freedom of Information
Act made during 1986. As a result of special efforts by the
Superintendent of Documents at the Government Printing Office, the
availability of the new Guide was well publicized. The 1987 edition
appeared on GPOs "Best Seller" list in the months following its
issuance. A Citizens Guide on Using the Freedom of Information Act and
the Privacy Act of 1974 To Request Government Records, House Report
No. 100-199, 100th Cong., 1st Sess. (1987).
During the 100th Congress, major amendments were made to the
Privacy Act of 1974. The Computer Matching and Privacy Protection
Act of 1988 added new provisions to the Privacy Act and changed
several existing requirements.
None of the changes affects a citizens rights to request or see
records held by federal agencies. However, some of the information in
the 1987 Guide became outdated as a result, and a third edition was
issued in 1989. Public Law 100-503. A Citizens Guide on Using the
Freedom of Information Act and the Privacy Act of 1974 To Request
Government Records, House Report No. 101-193, 101st Cong., 1st Sess.
(1989).
During the 101st Congress, the Privacy Act of 1974 was amended
through further adjustments to the Computer Matching and Privacy
Protection Act of 1988. The changes do not affect access rights. This
fourth edition of the Citizens Guide reflects all changes to the FOIA
and Privacy Act made through the end of 1990. Minor editorial changes
have also been made.
II. Introduction
A popular Government without popular information or the means of
acquiring it, is but a Prologue to a Farce or a Tragedy or perhaps
both. Knowledge will forever govern ignorance, and a people who mean
to be their own Governors, must arm themselves with the power knowledge
gives. James Madison Letter to W.T. Barry, August 4, 1822, in G.P.
Hunt, ed., IX The Writings of James Madison 103 (1910).
The Committee wishes to acknowledge the assistance of Harold C.
Relyea, Specialist, American National Government, Government Division,
Congressional Research Service, in the preparation of this report.
The Freedom of Information Act (FOIA) establishes a presumption that
records in the possession of agencies and departments of the Executive
Branch of the United States government are accessible to the people.
This was not always the approach to federal information disclosure
policy. Before enactment of the FOIA in 1966, the burden was on the
individual to establish a right to examine these government records.
There were no statutory guidelines or procedures to help a person
seeking information. There were no judicial remedies for those denied
access.
With the passage of the FOIA, the burden of proof shifted from the
individual to the government. Those seeking information are no longer
required to show a need for information. Instead, the "need to know"
standard has been replaced by a "right to know" doctrine. The
government now has to justify the need for secrecy.
The FOIA sets standards for determining which records must be
disclosed and which records can be withheld. The law also provides
administrative and judicial remedies for those denied access to
records. Above all, the statute requires federal agencies to provide
the fullest possible disclosure of information to the public.
The Privacy Act of 1974 is a companion to the FOIA. The Privacy
Act regulates federal government agency record keeping and disclosure
practices. The Act allows most individuals to seek access to federal
agency records about themselves. The Act requires that personal
information in agency files be accurate, complete, relevant, and
timely. The subject of a record may challenge the accuracy of
information. The Act requires that agencies obtain information directly
from the subject of the record and that information gathered for one
purpose not be used for another purpose. As with the FOIA, the
Privacy Act provides civil remedies for individuals whose rights have
been violated.
Another important feature of the Privacy Act is the requirement
that each federal agency publish a description of each system of
records maintained by the agency that contains personal information.
This prevents agencies from keeping secret records.
The Privacy Act also restricts the disclosure of personally
identifiable information by federal agencies. Together with the FOIA,
the Privacy Act permits disclosure of most personal files to the
individual who is the subject of the files. The two laws restrict
disclosure of personal information to others when disclosure would
violate privacy interests.
While both the FOIA and the Privacy Act support the disclosure of
agency records, both laws also recognize the legitimate need to
restrict disclosure of some information. For example, agencies may
withhold information properly classified in the interest of national
defense or foreign policy, trade secrets, and criminal investigatory
files. Other specifically defined categories of confidential
information may also be withheld.
The essential feature of both laws is that they make federal
agencies accountable for information disclosure policies and practices.
While neither law grants an absolute right to examine government
documents, both laws establish the right to request records and to
receive a response to the request. If a record cannot be released, the
requester is entitled to be told the reason for the denial. The
requester also has a right to appeal the denial and, if necessary, to
challenge it in court.
These procedural rights granted by the FOIA and the Privacy Act
make the laws valuable and workable. As a result, the disclosure of
federal government information cannot be controlled by arbitrary or
unreviewable actions.
III. Recommendations
The Committee recommends that this Citizens Guide be made widely
available at low cost to anyone who has an interest in obtaining
documents from the federal government. The Government Printing Office
and federal agencies subject to the Freedom of Information Act and th