Sdc Development Corporation v. F. David Mathews, Secretary of Health, Education and Welfare

In this case of first impression we consider whether a complete reference library of medical writings and publications, accumulated and stored in a computer data bank by an agency of the federal government, constitutes “agency records” for the purposes of the Freedom of Information Act (FOIA), 5 U.S.C. § 552 , and must therefore be made available to the public for a nominal charge limited to the direct costs of search and duplication, id. § 552(a)(4)(A). We hold that it does not and affirm the judgment of the district court.

In 1956 Congress established the National Library of Medicine “[i]n order to assist the advancement of medical and related sciences, and to aid the dissemination and exchange of scientific and other information important to the progress of medicine and to the public health . . . .” 42 U.S.C. § 275 . The functions of the library are to acquire and preserve medical publications, index and catalogue the materials, make the indexes and catalogues available to the public, and provide such other research assistance as furthers the purposes of the statute. Id. § 276. The statute authorizes the Secretary of Health, Education and Welfare, with the advice and…