74.5892: Inglo 93d Congress ) COMMITTEE PRINT FREEDOM OF INFORMATION ACT CASES, ARTICLES INGTONTING OFFICE U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1974 98-389 O For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 - Price $2.85 Stock Number 5270-02303 COMMITTEE ON THE JUDICIARY JAMES 0. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas ROMAN L. HRUSKA, Nebraska SAM J. ERVIN, JR., North Carolina HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana MARLOW W. COOK, Kentucky QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland ROBERT C. BYRD, West Virginia EDWARD J. GURNEY, Florida JOHN V. TUNNEY, California SUBCOMMITTEE ON ADMINISTRATIVE PRACTICE AND PROCEDURE EDWARD M. KENNEDY, Massachusetts, Chairman ILIP A. HART, Michigan STROM THURMOND, South Carolina RCH BAYH, Indiana CHARLES MCC. MATHIAS, JR., Maryland THOMAS M. SUSMAN, Counsel (II) LETTER OF TRANSMITTAL UNITED STATES SENATE, Washington, D.C. DEAR MR. CHAIRMAN: Last week the Freedom of Information Act celebrated its sixth year of operation. During that period of time the act has brought about numerous changes in policies, as well as in practices and procedures, of agencies with regard to the disclosure of information to the public. While these changes have been beneficial, the expectation of Congress that the doors of government would be opened to the public has not been fully realized. Thus around two hundred lawsuits have been instituted against the government to require disclosure of information, and this Subcommittee is faced with the task of fashioning legislation to clarify and strengthen the law. The important role of the Freedom of Information Act in maintaining our system of government for and of the people, and the recent increase in interest in the problems raised by government secrecy have given rise to the presently heavy demand for background and materials on the history and operation of the act. The Subcommittee on Administrative Practice and Procedure has prepared, in response to this demand, the appended documents and materials which provide a basic source book for those members of Congress and the public wishing to learn about and to use the Freedom of Information Act. I request that the attached be printed as a committee print. Sincerely, EDWARD M. KENNEDY, Chairman. CONTENTS PART I: LEGISLATIVE HISTORY OF THE FREEDOM OF INFORMATION Discussion of Legislative History - Summary of Legislative History --- Text of Freedom of Information Act--- Legislative materials: Senate and House reports and debates.. PART II: DECIDED COURT CASES INVOLVING THE FREEDOM OF Table of Cases Chronologically- Table of Cases by Subsections of the FOIA. PART III: SELECTED BIBLIOGRAPHY AND ARTICLES ON THE Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act.. Davis, Kenneth Culp, "The Information Act: A Preliminary Analysis,” 34 U. Chi. L. Rev. 761 (1967). Giannella, Donald A., "Agency Procedures Implementing the Freedom of Information Act: A Proposal for Uniform Regu- lations, " 23 Admin. L. Rev. 217 (1971).-- Katz, Joan M., "The Games Bureaucrats Play: Hide and Seek Under the Freedom of Information Act," 48 Texas L. Rev. Koch, Charles H. Jr., “The Freedom of Information Act: Sug- gestions for Making Information Available to the Public, |