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Links & ResourcesBibliographyBooks and other publicationsFREEDOM OF INFORMATION ACT GUIDE & PRIVACY ACT OVERVIEW (MAY 2000 ED.), Updated by the U.S. Department of Justice every year, this is an excellent, comprehensive depiction of the current law of FOIA. Extremely well documented (lots of footnotes). Helpful also because it will be a frequent reference point used by the government attorneys who will be your worthy adversaries; it helps you to know what the other side is using for ammunition. Occasionally limited by its biases, some analysis incorrectly asserts a stronger position for the government than the statute or case law would indicate. The entire text is available online at: http://www.usdoj.gov/oip/foi-act.htm. A printed copy can be had for $53.00 from: Superintendent of Documents LITIGATION UNDER THE FEDERAL OPEN GOVERNMENT LAWS: THE PRIVACY ACT; THE FREEDOM OF INFORMATION ACT; THE FEDERAL ADVISORY COMMITTEE ACT; THE GOVERNMENT IN THE SUNSHINE ACT; THE 1996 ELECTRONIC FOIA AMENDMENTS. Currently out of print, this book was updated almost every year. This venerable handbook was published by the American Civil Liberties Union Foundation. Organized in an annotated outline format, it is very easy to use while providing a very complete foundation for working the government access laws. While neutral in tone and content, the authors' biases in favor of public access seem occasionally to be reflected by recommendations of "creative" legal arguments which may be a bit ahead of the juristic curve. Nevertheless, an outstanding reference which is very accessible to those without any legal training. If you can find it in your law library, its well worth checking out. To lobby for a new revision, contact: Publications Department FOIA UPDATE, (Quarterly Newsletter). Superintendent of Documents Following is an overview of a number of other publications which may prove useful: ACCESS REPORTS, a biweekly newsletter published (together with Access Reports Reference File) by Access Reports, Inc., Lynchburg, VA 24503. World Wide Web address www.accessreports.com. FEDERAL INFORMATION DISCLOSURE (2d ed. 1998), James T. O'Reilly, West Group, Rochester, NY 14694. Annual supplements. World Wide Web address www.westgroup.com. GETTING AND PROTECTING COMPETITIVE BUSINESS INFORMATION: A BUSINESS GUIDE TO USING THE FREEDOM OF INFORMATION ACT (1997), Burt A. Braverman, Frances J. Chetwynd, and Harry A. Hammitt, Management Concepts, Inc., Vienna, VA 22182. World Wide Web address www.crblaw.com. GOVERNMENT DISCLOSURE SERVICE ("GDS"), Prentice-Hall, Englewood Cliffs, NJ 07632. A monthly summary of FOIA-related matters which included full-text publication of FOIA and Privacy Act decisions from 1980 through October 1983. (Discontinued as of October 1983.) GUIDEBOOK TO THE FREEDOM OF INFORMATION AND PRIVACY ACTS (2d ed. 1986), Justin D. Franklin and Robert F. Bouchard, West Group, Rochester, NY 14694. Annual supplements. World Wide Web address www.westgroup.com. HOW TO USE THE FEDERAL FOI ACT (8th ed. 1998), Reporters Committee for Freedom of the Press, Arlington, VA 22209. World Wide Web address www.rcfp.org. INFORMATION LAW: FREEDOM OF INFORMATION, PRIVACY, OPEN MEETINGS, AND OTHER ACCESS LAWS (1985), Burt A. Braverman and Frances J. Chetwynd, Practising Law Institute, New York City, NY 10019. Two volumes. Supplement published in 1990. World Wide Web address www.crblaw.com. PRIVACY TIMES, a newsletter that reports Privacy Act/Freedom of Information Act news, published biweekly by Privacy Times, Inc., P.O. Box 21501, Washington, D.C. 20009. World Wide Web address www.privacytimes.com. STEP-BY-STEP GUIDE TO USING THE FREEDOM OF INFORMATION ACT (1997), American Civil Liberties Union Foundation, Washington, D.C. 20002. World Wide Web address www.aclu.org. TAPPING OFFICIALS' SECRETS: A STATE OPEN GOVERNMENT COMPENDIUM (3d ed. 1997), Reporters Committee for Freedom of the Press, Arlington, VA 22209. Available as a complete set or on a state-by-state basis. Complete set also available on CD-ROM. World Wide Web address www.rcfp.org. Congressional Resources
The following is a list of primary reference materials pertaining to the Freedom of Information Act. Further reference materials can be found in the extensive list of related law review articles contained in the Department of Justice's Freedom of Information Case List. Additionally, the Department's FOIA Update publication contains a current listing of the principal FOIA administrative and legal contacts at federal agencies. See FOIA Update, Vol. XX, No. 1, at i-iv. Another basic reference tool is the cumulative index to FOIA Update. See also, FOIA Update, Vol. XVIII, No. 4, at i-ix; see also FOIA Update, Vol. XIX, No. 1, at 5 (listing primary reference materials pertaining to Electronic Freedom of Information Act Amendments of 1996, Pub. L. No. 104-231, 110 Stat. 3048). A growing number of reference materials pertaining to the FOIA are available to the public electronically, through FOIA-related sites on the World Wide Web. The Department of Justice maintains a comprehensive FOIA Web site (www.usdoj.gov/04foia), which contains links to many of the basic reference materials listed below. The Department of Justice's FOIA Web site also contains links to the FOIA Web sites of other federal agencies, and it serves as a single electronic access point for linkage to the annual FOIA reports of all federal agencies. In order to best facilitate public access to FOIA-related materials, individual electronic addresses are included below, and the Office of Information and Privacy will add additional electronic addresses to this list as they become available. See FOIA Update, Vol. XVIII, No. 3, at 2. House of Representatives Committee on Government Operations, Clarifying and Protecting the Right of the Public to Information. H.R. Rep. No. 1497, 89th Cong., 2d Sess. (1966), 14 pages. Out of print. Available at most law libraries. House of Representatives Committee on Government Operations, Freedom of Information Act (Compilation and Analysis of Department Regulations Implementing 5 U.S.C. § 552). Committee Print, 90th Cong., 2d Sess. (1968), 303 pages with appendices. Out of print. Available at most law libraries. House of Representatives Committee on Government Operations and Senate Committee on the Judiciary, Freedom of Information Act and Amendments of 1974 (P.L. 93-502). Joint Committee Print, 94th Cong., 1st Sess. (1975), 571 pages. Known as the "Joint Source Book." Out of print. Available at most law libraries. House of Representatives Committee on Government Operations, Freedom of Information Act Requests for Business Data and Reverse FOIA Lawsuits. H.R. Rep. No. 1382, 95th Cong., 2d Sess. (1978), 67 pages. Out of print. Available at most law libraries. House of Representatives Committee on Government Operations, Subcommittee on Government Information, Justice, and Agriculture, The Freedom of Information Reform Act: Hearings on S. 774. 98th Cong., 2d Sess. (1984), 1155 pages. Available at Federal Depository Libraries. House of Representatives Committee on Government Operations, Subcommittee on Government Information, Justice, and Agriculture, Federal Information Dissemination Policies and Practices. 101st Cong., 1st Sess. (1989), 904 pages. Available at most law libraries. House of Representatives Committee on the Judiciary, Subcommittee on Civil and Constitutional Rights, FBI Oversight and Authorization Request for Fiscal Year 1991. Committee Print, 101st Cong., 2d Sess. (1990), 566 pages. Available at most law libraries. House of Representatives Committee on Government Reform and Oversight, Electronic Freedom of Information Amendments of 1996. H.R. Rep. No. 795, 104th Cong., 2d Sess. (1996), 40 pages. Available at most law libraries. Also available on the World Wide Web (thomas.loc.gov/cgi-bin/cpquery/ z?cp104:hr795.104:). House of Representatives Committee on Government Reform and Oversight, Federal Information Policy Oversight. 104th Cong., 2d Sess. (1996), 485 pages. Available at most law libraries. House of Representatives Committee on Government Reform, A Citizen's Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records. H.R. Rep. No. 50, 106th Cong., 1st Sess. (1999), 33 pages and appendices. Available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. (Stock number: 052-071-01287-7; price: $5.00.) Also available on the World Wide Web (thomas.loc.gov/cgi-bin/cpquery/z?cp106:hr50.106:). Senate Committee on the Judiciary, Clarifying and Protecting the Right of the Public to Information, and Other Purposes. S. Rep. No. 813, 89th Cong., 1st Sess. (1965), 10 pages. Out of print. Available at most law libraries. Senate Committee on the Judiciary, Freedom of Information Act Source Book: Legislative Materials, Cases, Articles. S. Doc. No. 82, 93d Cong., 2d Sess. (1974), 432 pages on the Act prior to the 1974 Amendments. Out of print. Available at most law libraries. Senate Committee on the Judiciary, Subcommittee on Criminal Laws and Procedures, The Erosion of Law Enforcement Intelligence and Its Impact on the Public Security. Committee Print, 95th Cong., 2d Sess. (1978), 179 pages. Out of print. Available at most law libraries. Senate Committee on the Judiciary, Freedom of Information: A Compilation of State Laws. Committee Print, 95th Cong., 2d Sess. (1978), 475 pages. Out of print. Available at most law libraries. Senate Committee on the Judiciary, Agency Implementation of the 1974 Amendments to the Freedom of Information Act. Committee Print, 95th Cong., 2d Sess. (1980), 188 pages. Out of print. Available at most law libraries. Senate Committee on the Judiciary, Subcommittee on the Constitution, Freedom of Information Act, Vols. 1-2. Committee Print, 97th Cong., 1st Sess. (1981), 1147 pages and appendix. Available at most law libraries. Senate Committee on the Judiciary, Subcommittee on the Constitution, Freedom of Information Reform Act Report, Together with Supplemental Views, to Accompany S. 1730. Committee Print 97-690, 97th Cong. 2d Sess. (1982), 17 pages. Available at most law libraries. Senate Committee on the Judiciary, Subcommittee on the Constitution, Freedom of Information Reform Act Report (on S. 774). Committee Print 98-221, 98th Cong., 1st Sess. (1983), 48 pages. Available at most law libraries. Senate Committee on the Judiciary, Subcommittee on Technology and the Law, The Freedom of Information Act. Committee Print, 100th Cong., 2d Sess. (1988), 244 pages. Out of print. Available at most law libraries. Senate Committee on the Judiciary, Electronic Freedom of Information Improvement Act of 1994. S. Rep. No. 1365, 103d Cong., 2d Sess. (1994), 28 pages. Available at most law libraries. Senate Committee on the Judiciary, Electronic Freedom of Information Improvement Act of 1995. S. Rep. No. 272, 104th Cong., 2d Sess. (1996), 39 pages. Available at most law libraries. Also available on the World Wide Web (www.fas.org/irp/congress/1996_rpt/s104272.htm).
(Listed Chronologically By Publication Date) (Note on availability: Most of these publications are out of print. Copies of all congressional publications should be available at Federal Depository Libraries located throughout the country.) 1964 Senate Committee on the Judiciary. Clarifying and Protecting the Right of the Public to Information and for Other Purposes. S. Rept. 1219, 88th Congress, 2d Session. 1964. Senate Committee on the Judiciary. Freedom of Information. Hearings, 98th Congress, 1st Session. 1964. 1965 House Committee on Government Operations. Federal Public Records Law. Hearings, 89th Congress, 2d Session. 1965. Senate Committee on the Judiciary. Administrative Procedure Act. Hearings, 89th Congress, 1st Session. 1965. Senate Committee on the Judiciary. Clarifying and Protecting the Right of the Public to Information, and for Other Purposes. S. Rept. 813, 89th Congress, 1st Session. 1965. 1966 House Committee on Government Operations. Clarifying and Protecting the Right of the Public to Information. H. Rept. 1497, 89th Congress, 2d Session. 1966. 1967 House Committee on the Judiciary. Codification of Public Law 89-487. H. Rept. 125, 90th Congress, 1st Session. 1967. Senate Committee on the Judiciary. Amending Section 552 of Title 5, United States Code. S. Rept. 248, 90th Congress, 1st Session. 1967. 1968 House Committee on Government Operations. Freedom of Information Act (Compilation and Analysis of Departmental Regulations Implementing 5 U.S.C. 552). Committee print, 90th Congress, 2d Session. 1968. Senate Committee on the Judiciary. The Freedom of Information Act (Ten Months Review). Committee print, 90th Congress, 2d Session. 1968. 1972 House Committee on Government Operations. Administration of the Freedom of Information Act. H. Rept. 92-1419, 92nd Congress, 2d Session. 1972. House Committee on Government Operations. Sale or Distribution of Mailing Lists By Federal Agencies. Hearings, 92nd Congress, 2d Session. 1972. House Committee on Government Operations. U.S. Government Information Policies and Practices- Administration and Operation of the Freedom of Information Act. (Parts 4-6). Hearings, 92nd Congress, 2d Session. 1972. House Committee on Government Operations. U.S. Government Information Policies and Practices--Security Classification Problems Involving Subsection (b)(1) of the Freedom of Information Act. (Part 7). Hearings, 92nd Congress, 2d Session. 1972. 1973 House Committee on Government Operations. Availability of Information to Congress. Hearings, 93rd Congress, 1st Session. 1973. House Committee on Government Operations. Executive Classification of Information--Security Classification Problems Involving Exemption (b)(1) of the Freedom of Information Act (5 U.S.C. 552). H. Rept. 93-221, 93rd Congress, 1st Session. 1973. House Committee on Government Operations. The Freedom of Information Act. Hearings, 93rd Congress, 1st Session. 1973. Senate Committee on Government Operations and Committee on the Judiciary. Executive Privilege, Secrecy in Government, Freedom of Information. Hearings, 93rd Congress, 1st Session. 1973. 1974 House Committee on Government Operations. Amending Section 552 of Title 5, United States Code, Known as the Freedom of Information Act. H. Rept. 93-876, 93rd Congress, 2d Session. 1974. House Committee on Government Operations. Amending the Freedom of Information Act to Require that Information Be Made Available to Congress. H. Rept. 93-990, 93rd Congress, 2d Session. 1974. House Committee on Government Operations. Security Classification Reform. Hearings, 93rd Congress, 2d Session. 1974. House of Representatives. Message from the President of the United States. Vetoing H.R. 12471, Amend Freedom of Information Act. H. Doc. 93-383. 93rd Congress, 2d Session. 1974. House/Senate Committee of Conference. Freedom of Information Act Amendments. H. Rept. 93-1380 or S. Rept. 93-1200, 93rd Congress, 2d Session. 1974. Senate Committee on the Judiciary. Amending the Freedom of Information Act. S. Rept. 93-854, 93rd Congress, 2d Session. 1974. Senate Committee on the Judiciary. Freedom of Information Act Source Book: Legislative Materials, Cases, Articles. S. Doc. 93-82, 93rd Congress. 2d Session. 1974. 1975 House Committee on Government Operations and Senate Committee on the Judiciary. Freedom of Information Act and Amendments of 1974 (Public Law 93-502). Source Book: Legislative History, Texts, and Other Documents. Joint committee print, 94th Congress, 1st Session. 1975. 1977 House Committee on Government Operations. Business Record Exemption of the Freedom of Information Act. Hearings, 95th Congress, 1st Session. 1977. Senate Committee on the Judiciary. Freedom of Information Act. Hearings, 95th Congress, 1st Session. 1977. 1978 House Committee on Government Operations. FBI Compliance with the Freedom of Information Act. Hearing, 95th Congress, 2d Session. 1978. House Committee on Government Operations. Freedom of Information Act Requests for Business Data and Reverse-FOIA Lawsuits. H. Rept. 95-1382, 95th Congress, 2d Session. 1978. Senate Committee on the Judiciary. The Erosion of Law Enforcement Intelligence and Its Impact on the Public Security. Committee print, 95th Congress, 2d Session. 1978. Senate Committee on the Judiciary. The Erosion of Law Enforcement Intelligence and Its Impact on the Public Security. Hearings, 95th Congress, 1st and 2d Sessions. 1977-1978. 1979 House Committee on Government Operations. Security Classification Exemption to the Freedom of Information Act. Hearing, 95th Congress, 1st Session. 1979. 1980 House Permanent Select Committee on Intelligence. Impact of the Freedom of Information Act and the Privacy Act on Intelligence Activities. Hearing, 96th Congress, 1st Session. 1980. Senate Committee on Governmental Affairs. Oversight of the Administration of the Federal Freedom of Information Act. Hearings, 96th Congress, 2d Session. 1980. Senate Committee on the Judiciary. Agency Implementation of the 1974 Amendments to the Freedom of Information Act. Committee print, 95th Congress, 2d Session. 1980. 1981 House Committee on Government Operations. Freedom of Information Act Oversight. Hearings, 97th Congress, 1st Session. 1981. House Committee on Government Operations. The Freedom of Information Act: Central Intelligence Agency Exemptions. Hearings, 96th Congress, 2d Session. 1981. House Committee on Government Operations. The Freedom of Information Act: Federal Law Enforcement Implementation. Hearing, 96th Congress, 1st Session. 1981. 1982 Senate Committee on the Judiciary. Freedom of Information Act. Hearings, 97th Congress, 1st Session. 1982. Senate Committee on the Judiciary. The Freedom of Information Reform Act. S. Rept. 97-690, 97th Congress, 2d Session. 1982. 1983 Senate Committee on the Judiciary. Freedom of Information Reform Act. S. Rept. 98-221, 98th Congress, 1st Session. 1983. 1984 Senate Committee on the Judiciary. Freedom of Information Reform Act. Hearings, 98th Congress, 1st Session. 1984. 1985 House Committee on Government Operations. The Freedom of Information Reform Act. Hearings, 98th Congress, 2d Session. 1985. Senate Committee on the Judiciary. Amendments to the Freedom of Information Act. Hearing, 98th Congress, 2d Session. 1985. 1986 House Committee on Government Operations. Freedom of Information Act Amendments of 1986. Hearing, 99th Congress, 2d Session. 1986. House Committee on Government Operations. Freedom of Information Act Amendments of 1986. H. Rept. 99-832, 99th Congress, 2d Session. 1986. 1988 House Committee on Government Operations. FOIA: Alternate Dispute Resolution Proposals. Hearings, 100th Congress, 1st Session. 1988. 1989 Senate Committee on the Judiciary. The Freedom of Information Act. Hearing, 100th Congress, 2d Session. 1989. 1990 House Committee on Government Operations. Federal Information Dissemination Policies and Practices. Hearings, 101st Congress, 1st Session. 1990. House Committee on Government Operations. Paperwork Reduction and Federal Information Resources Management Act of 1990. H. Rept. 101-927, 101st Congress, 2d Session. 1990. 1991 House Committee on Government Operations, Creative Ways of Using and Disseminating Federal Information. Hearings, 102d Congress, 1st and 2d Sessions. 1991, 1992. 1992 House Committee on Government Operations. Assassination Materials Disclosure Act of 1992. H. Rept. 102-624 Part 1, 102d Congress, 2d Session. 1992. House Committee on the Judiciary. Assassination Materials Disclosure Act of 1992. Hearing, 102d Congress, 2d Session. 1992. House Committee on the Judiciary. Assassination Materials Disclosure Act of 1992. H. Rept. 102-624 Part 2, 102d Congress, 2d Session. 1992. Senate Committee on Governmental Affairs. The Assassination Materials Disclosure Act of 1992. Hearing, 102d Congress, 2d Session. 1992. Senate Committee on Governmental Affairs. Assassination Materials Disclosure Act of 1992. S. Rept. 102-328, 102d Congress, 2d Session. 1992. 1993 House Committee on Government Operations. Assassination Materials Disclosure Act of 1992. Hearings, 103d Congress, 2d Session. 1993. Senate Committee on the Judiciary. The Electronic Freedom of Information Improvement Act. Hearing, 103d Congress, 2d Session. 1993. 1994 House Committee on Government Operations. The Effectiveness of Public Law 102-526, The President John F. Kennedy Assassination Records Collection Act of 1992. Hearing, 103d Congress, 1st Session. 1994. Senate Committee on the Judiciary. Electronic Freedom of Information Improvement Act of 1994. S. Rept. 103-365, 103d Congress, 2d Session. 1994. 1996 Senate Committee on the Judiciary. Electronic Freedom of Information Improvement Act of 1995. S. Rept. 104-272, 104th Congress, 2d Session. 1996. House Committee on Government Reform and Oversight. Electronic Freedom of Information Amendments of 1996. H. Rept. 104-795, 104th Congress, 2d Session. 1996. Department of Justice ResourcesAttorney General's Memorandum on the Public Information Section of the Administrative Procedure Act (FOIA), June 1967, 40 pages. Out of print. Reprinted in Gov't Disclosure Serv. (Prentice-Hall), Vol. 1, ¶ 300,601. Attorney General's Memorandum on the 1974 Amendments to the Freedom of Information Act, February 1975, 26 pages and appendices. Available from the Office of Information and Privacy, U.S. Department of Justice, Washington, D.C. 20530-0001. Attorney General's Memorandum on the 1986 Amendments to the Freedom of Information Act, December 1987, 30 pages and appendices. Available from the Office of Information and Privacy. Attorney General's Memorandum for Heads of Departments and Agencies regarding the Freedom of Information Act, October 4, 1993. Reprinted in FOIA Update, Vol. XIV, No. 3, at 4-5. Also available at the Department of Justice's FOIA site on the World Wide Web (www.usdoj.gov/04foia/ 931004a.htm). Attorney General's Memorandum for Heads of Departments and Agencies regarding the Freedom of Information Act, September 3, 1999. Reprinted in FOIA Update, Vol. XIX, No. 4, at 3-5. Also available at the Department of Justice's FOIA site on the World Wide Web (www.usdoj.gov/ag/ readingroom/990903.htm). Department of Justice Freedom of Information Act Reference Guide (1999). Available in paper form from the Office of Information and Privacy, but primarily available at the Department of Justice's FOIA site on the World Wide Web (www.usdoj.gov/04foia/04_3.html). Freedom of Information Case List, September 1998 edition, 520 pages. A compilation of judicial decisions, both published and unpublished, addressing access issues under the Freedom of Information Act and the Privacy Act of 1974, categorized and indexed according to subject-matter topics. Also includes decisions issued under the Federal Advisory Committee Act and the Government in the Sunshine Act, as well as a list of "reverse" FOIA decisions. Published biennially as of 1994. Available from the Office of Information and Privacy, U.S. Department of Justice, Washington, D.C. 20530-0001 or from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Also available at the Department of Justice's FOIA site on the World Wide Web (www.usdoj.gov/04foia/04_7.html). Department of Justice's Freedom of Information Act and Privacy Act Regulations, 28 C.F.R. Part 16 (1999), published by the Office of the Federal Register, but primarily available at the Department of Justice's FOIA site on the World Wide Web (www.usdoj.gov/04foia/04_1_1.html). President's Memorandum for Heads of Departments and Agencies regarding the Freedom of Information Act, October 4, 1993. Published at 29 Weekly Compilation of Presidential Documents 1999 (Oct. 4, 1993). Reprinted in FOIA Update, Vol. XIV, No. 3, at 3. Also available at the Department of Justice's FOIA site on the World Wide Web (www.usdoj.gov/ 04foia/93_clntmem.htm). Your Right to Federal Records (1996) (revision now scheduled by GSA for publication by September 2000), a joint publication of the General Services Administration and the Department of Justice. Available from the Consumer Information Center, Department 319E, Pueblo, CO 81009. (Publication number: 319E; price: $.50.) Also available on the World Wide Web at www.pueblo.gsa.gov/cic_text/fed_prog/foia/foia.htm and at the Department of Justice's FOIA site on the World Wide Web (www.usdoj.gov/oip/foia_rights.htm). |
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