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ATTORNEY GENERAL'S MEMORANDUM

ON THE
1974 AMENDMENTS

TO THE
FREEDOM OF INFORMATION ACT

A MEMORANDUM FOR THE EXECUTIVE DEPARTMENTS
AND AGENCIES CONCERNING THE AMENDMENTS TO
THE FREEDOM OF INFORMATION ACT (5 U.S.C. 552, SOME-
TIMES REFERRED TO AS SECTION 3 OR THE PUBLIC
INFORMATION SECTION OF THE ADMINISTRATIVE PRO-
CEDURE ACT) EFFECTED BY P.L. 93-502, ENACTED
NOVEMBER 21, 1974, AND EFFECTIVE FEBRUARY 19, 1975

Citations: This Memorandum may be cited as "A.G.'s 1974 FOI

Amdts. Mem.” The June 1967 Attorney General's
Memorandum on the Public Information Section of the
Administrative Procedure Act is cited herein as “A.G.'s
1967 FOI Mem.” (For the form of citation of legislative
reports on the 1974 Amendments as used herein, see
Appendix III-A, below.)

UNITED STATES, DEPARTMENT OF JUSTICE
EDWARD H. LEVI, Attorney General

February 1975

For sale by the Superintendent of Documents, U.S. Government Printing Office

Washington, D.C. 20402 - Price 90 cents

Stock Number 027-000-00296-0
Catalog Number J 1.2:IN3/974

FOREWORD

When the Freedom of Information Act was enacted in 1967, Attorney General Clark issued a memorandum on its application and interpretation for the guidance of all Federal departments and agencies. The 1974 Amendments to the Act represent a less fundamental change from existing practice than did the Act itself; yet in several respects they pose legal and administrative problems of great complexity. For that reason, and because of the high public importance of the program which the Amendments affect, I have thought it appropriate to meet their enactment with guidelines similar to the 1967 memorandum.

Despite the short time available, an extensive consultative process has been followed in the preparation of these guidelines, including the solicitation of advice from those concerned with Freedom of Information matters in many agencies of the Government, and from the professional staffs of the congressional committees responsible for the Amendments. The guidance does not purport to be exhaustive, and I invite further comments from the agencies, and from the public, which may assist in achieving effective administration of the Act.

The President has asked me, in issuing these guidelines, to emphasize on his behalf that it is not only the duty but the mission of every agency to make these Amendments effective in achieving the important purposes for which they were designed. The Department of Justice will continue to regard the encouragement of sound and effective implementation of the Freedom of Information Act as one of its most important responsibilities.

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EDWARD H. LEVI,
Attorney General,

February 1975. (iii)

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