May 3, 1979
Honorable Thomas P. O'Neill, Jr.
Speaker of the House of Representatives
Room H-205
Washington, D.C. 20515Dear Mr. Speaker:
Enclosed is a copy of the annual report of the Department of Justice for calendar year 1978 reflecting activities under the Freedom of Information Act (FOIA).
In order to better describe the types of work involved, this year's report separates costs related to requests by individuals for access to records pertaining to themsleves (termed Privacy Act requests for reporting purposes) from costs related to other requests for access to records (termed FOIA requests). This does not mean that all or even most costs of processing requests of the first type are properly attributable to the Privacy Act.
Many individuals request whatever information the Department may have on them. These persons sometimes cite either the FOIA or the Privacy Act, sometimes cite both, and often cite neither. In these cases the Department gives the individuals access under both laws. The report includes a further discussion of this matter at page 12.
Again, the total number of requests received has increased over previous years, as has the cost of responding to those requests. The costs reported here are limited to those associated with responses to access requests made to Department components. Not included are costs the Department incurred in litigating FOIA issues for the entire United States Government. Litigation costs will be included in the cost estimates which will be made as a part of the Government-wide study of the Act that the Attorney General announced on December 11, 1978.
The Department of Justice's Office of Information Law and Privacy currently is working on a list of statutes that may qualify as "Exemption 3" statutes for this Department. When completed, it will be provided under separate cover in response to the recent request of the House Subcommittee on Government Information and Individual Rights of the Committee on Government Operations.
The Government-wide study of how FOIA is being administered that was launched by the Attorney General's December 11, 1978 letter is now well under way. It is expected that within a short period there will be developed a series of amendments to the Act intended to strengthen its original public purposes while reducing waste, abuses and other undesirable side effects indicated by experience under it.
Sincerely,
Michael J. Egan
Associate Attorney General
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