Access to Government Information: An Overview

"Congress has long recognized the people’s right to know about the operations and actions of the federal government. A series of modern statutes provides a framework for ways the public may access government information. Built up over the past 60 years, these key statutes allow the public to access information about the federal government’s operations, information the government might collect on individuals, and insight into some of the government’s decisionmaking processes.

These key statutes include the
• Freedom of Information Act (FOIA; 5 U.S.C. §552),
• Privacy Act of 1974 (Privacy Act; 5 U.S.C. §552a),
• Government in the Sunshine Act (Sunshine Act; 5 U.S.C. §552b), and
• Federal Advisory Committee Act (FACA; 5 U.S.C. Chapter 10).

These statutes generally operate by using one or two access mechanisms: a request-based system for information, and proactive or contemporaneous disclosure of the information in an open forum. Each method has its benefits and drawbacks for individuals seeking to gain information from federal government actors. Implementation and understanding of these statutes and corresponding policies have changed over time.

After enactment of these statutes and subsequent evolution in their implementation, Congress has continued to question whether they provide for sufficient public inspection of government activity and whether federal government actors are complying with or circumventing the intent of these statutes. To help determine whether or not information can be sufficiently accessed, Congress might evaluate multiple questions, including whether the sought-after information is exclusive to certain individuals or software, at what point the information can be retrieved during decisionmaking processes, and if the information provided is sufficient to determine the context in which it was created. This report provides an overview of each of the four statutes and includes a discussion of policy questions and legislative considerations for each one..."
Government Information

Access to Government Information in the United States: A Primer

"No provision in the U.S. Constitution expressly establishes a procedure for public access to executive branch records or meetings. Congress, however, has legislated various public access laws. Among these laws are two records access statutes,

the Freedom of Information Act (FOIA; 5 U.S.C. §552), and
the Privacy Act (5 U.S.C. §552a), and two meetings access statutes:

the Federal Advisory Committee Act (FACA; 5 U.S.C. App.), and
the Government in the Sunshine Act (5 U.S.C. §552b).

These four laws provide the foundation for access to executive branch information in the American federal government. The records-access statutes provide the public with a variety of methods to examine how executive branch departments and agencies execute their missions. The meeting-access statutes provide the public the opportunity to participate in and inform the policy process. These four laws are also among the most used and most litigated federal access laws..."
Government information

Access to Government Information In the United States
"The U.S. Constitution makes no specific allowance for any one of the three branches of the federal government to have access to information held by the others. No provision in the U.S. Constitution expressly establishes a procedure for public access to government information.

Congress has legislated various public access laws. Among these laws are two records access statutes,
• the Freedom of Information Act (FOI Act or FOIA; 5 U.S.C. § 552), and
• the Privacy Act (5 U.S.C. § 552a),
and two meetings access statutes,
• the Federal Advisory Committee Act (FACA; 5 U.S.C. App.), and
• the Government in the Sunshine Act (5 U.S.C. § 552b).

The American separation of powers model of government may inherently prompt interbranch conflicts over the accessibility of information. These conflicts are neither unexpected nor necessarily destructive. Although there is considerable interbranch cooperation in the sharing of information and records, such conflicts over access may continue on occasion.

This report offers an overview of the four information access laws noted above, and provides citations to additional resources related to these tools."